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PostPosted: Sat May 10, 2008 7:27 am 
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I have my Appeal Monday week. I have yet to receive the schools objection / prejudice.

Does that mean the school we not be able to raise any objection at the hearing as obviously I will not have had time to consider a response?
From the Handbook issued by our LEA

A copy of the admissions policy and the admission authority’s statement will be posted to you at least seven working days before the appeal, unless you have agreed to a shorter period than this. The statement will summarise why it has not been possible to offer a place. Either that:

to admit another child would “prejudice efficient education or the efficient use of resourcesâ€


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PostPosted: Sat May 10, 2008 8:38 am 
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If you have submitted any evidence to the panel regarding your appeal, e.g. copies of school reports, mitigating circumstances, these should have been copied and sent out to you before your appeal date.


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PostPosted: Sat May 10, 2008 9:08 am 
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Hi Watdad, we didn't receive the school's case until 5 days before our appeal and had to sign a waiver saying that we still wanted to go ahead. The alternative wouldhave been to reconvene another meeting at a point in the future. We decided to go ahead anyway.
All the best
bougalou


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PostPosted: Sat May 10, 2008 11:36 am 
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I submitted my evidence but the school are supposed to submit why there is a prejudice to the school.

Why should I sign a waiver they know the rules better than me!

Surely they should not be able to claim a prejudice against the school as I have not had sufficient time to consider my reply?


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PostPosted: Sat May 10, 2008 1:12 pm 
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I think what they'll do is give you the chance to have more time to scrutinize their case. Obviously if you don't receive their case then the whole thing is unfair, but you'll probably have been expected to ring the LEA and ask where it is.


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PostPosted: Sat May 10, 2008 1:46 pm 
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Capers / Etienne do you have a view?

The process is stressful enough without the LEA / school making it more so. I don’t think it is acceptable on their behalf either. It is their process!


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PostPosted: Sat May 10, 2008 1:55 pm 
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You are meant to receive all the appeal papers approx. 10 days before the hearing. The precise wording in the current Code is as follows:
Quote:
Clerks must send out appeal papers to parents, presenting officer and panel members at least 7 working days before the hearing (not including the date of the hearing or of sending out the papers).

There are two separate issues here, and Bougalou is right about both of them. First, in case the papers have got lost in the post, it would be wise for you to check with whoever is organising the appeals when the papers were posted.

Secondly, if you say at the hearing that you received the papers late and have not had sufficient time to consider the authority's case, they will inevitably adjourn the hearing to a later date.

Bougalou's clerk/panel were quite clever - they took the precaution of getting a waiver to pre-empt any possible complaint. I'm not sure most clerks/panels would think of doing this. If the hearing goes ahead with nobody raising the issue, and you are unsuccessful, you could then complain to the ombudsman about a breach of the code.

You would be asked why you hadn't raised the matter at the hearing, but most parents wouldn't have known exactly how much notice they are meant to have of the authority's case.

_________________
Etienne


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PostPosted: Sat May 10, 2008 2:02 pm 
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I have received some papers but it is just photocopies of the process and maps of the school.

Our friends, albeit a different school, received a letter from the school saying there would be a prejudice as there would be insufficient PC equipment for IT classes and the gym was not big enough to accommodate more children.

I was expecting something similar....


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PostPosted: Sat May 10, 2008 2:22 pm 
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The notice period quoted above refers to a full copy of your case and the authority's case. All parties must be sent exactly the same paperwork.

(A copy of your own case enables you to check that nothing is missing.)

_________________
Etienne


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PostPosted: Sat May 10, 2008 2:31 pm 
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Yes that came to.

But nor what the predjudice of the school is?

Does this mean they have no predjudice or can they talk about it for the first time at the hearing.

Sorry to ask soo many questions


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