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 Post subject: 11 = appeal
PostPosted: Wed Nov 26, 2008 3:15 pm 
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Joined: Wed Nov 26, 2008 3:04 pm
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I need some advice ! my son failed his exam by 1 point and we are going to appeal. My son suffers from longstanding asthma and I have only now found out that asthma is part of the " Disability Discrimination Act 1995". My question is should I appeal on the grounds of his asthma. He had a couple of attacks just prior to him sitting the exams due to emotional stress over his grandmothers illness and the anxiety of these exams.

Many thanks

Rodney


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PostPosted: Wed Nov 26, 2008 3:58 pm 
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Joined: Mon Nov 10, 2008 10:51 am
Posts: 82
Location: Kent
An interesting question and I would have thought that yes you could use that as a basis for an appeal. I am interested in hearing what others think because I have a daughter with a disability but I have never thought I should be registering her before now (shes year 5 at the mo). Did you school give you any advice?

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Alfie


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PostPosted: Wed Nov 26, 2008 4:00 pm 
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Joined: Wed Jan 11, 2006 7:10 pm
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Location: Buckinghamshire
Hi Rodney

When you say "just before sitting the exams", how far beforehand? Were the attacks severe or mild? Did he receive medical treatment from a GP or hospital, who would confirm the attacks in writing?

Regardless of any mitigating circumstances, you still need to provide evidence of high ability.

Can you tell us what was his other score was? 2 x 120 is far stronger than - say - 110 + 120.

Sally-Anne


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PostPosted: Wed Nov 26, 2008 5:27 pm 
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Dear Rodney

It's not quite clear to me from your first post whether you want to appeal under the DDA (Disability Discrimination Act), or whether you just want asthma considered as an extenuating circumstance like any other extenuating circumstance.

In this context, the DDA is to do with the local authority taking reasonable measures so that your son was not at a disadvantage when sitting the tests. Assuming your son meets the definition of disability under the Act (see the Q&As, A5), the panel would have to decide:
    Did the local authority know (or could it reasonably have been expected to know)?

    Were there any reasonable measures it could have taken to help ensure your son was not at a disadvantage?

    If those measures had been in place, is it probable your son would have qualified (taking into account how many more marks he needed)?

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Etienne


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 Post subject:
PostPosted: Wed Nov 26, 2008 10:39 pm 
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I am not very familar with the appeals process but I am with asthma and my concern about appealing re the asthma would be that it may not carry much weight.

The diagnosis of asthma is very common these days - I have just reviewed the primary care data from the mid 90s which showed that 10% of the girls aged 5-15 and about 12% of the boys had a diagnosis of treated asthma - it is probably even more frequently diagnosed now.

Obviously it comes down to the severity eg whether they are admitted / whether they need oral steroids / whether they have lots of attacks / need a home nebuliser etc etc as in these cases they may have missed school etc.


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PostPosted: Wed Nov 26, 2008 10:46 pm 
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Joined: Mon Dec 12, 2005 5:26 pm
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I agree with herman, and I've never known a non-qualification appeal succeed on the basis of asthma.

By all means mention briefly the "emotional stress", but if your son missed qualifying by just one point, the appeal will almost certainly be decided on the academic evidence.

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