Can anyone apply for 12+ entry?
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If this turns out to be so, Chad, it wouldn't be for the first time?It does seem that the Consortium is applying the rules as they see fit
If the Code had used the word "should" instead of "must," they might be on stronger ground.
The Code also includes guidelines which the relevant bodies should follow unless they can demonstrate, if challenged, that they are justified in not doing so.
Etienne
I too think the Code is quite clear on applications to selective schools outside of the normal transfer time. However, I am not absolutely sure whether a school/LA is obliged to re-test candidates who have taken the 11+ at the correct time and not reached the required mark (and have an appeal panel regard them as qualified if they do not re-test) or whether they can claim that the original test stands for all time.
I looked up Tiffin Schools' admissions policies as I seemed to remember they did not allow re-tests and here are the relevant extracts:
Candidates who have taken the test but have not achieved the cut-off score at
the close of the waiting list will not be considered for a place in Years 7 to 11 at any future time.
Applicants for places at The Tiffin Girls’ School and Tiffin School are tested by the school only when vacancies occur in the right year group.
Only pupils who previously gained the final cut-off mark or higher, or who are new applicants, will be eligible to be tested after the normal age of admission.
Candidates who take the test at 11+ or later and who do not gain the required mark will not be re-tested at any time for a place in Years 7–11.
It seems to me that they would be incorrect in refusing to test new applicants unless there are spaces in the year group (or at least they would be liable to have that applicant considered qualified if they applied and appealed for a place) - but what about applicants who did not reach the final cut off mark at 11 plus?
I looked up Tiffin Schools' admissions policies as I seemed to remember they did not allow re-tests and here are the relevant extracts:
Candidates who have taken the test but have not achieved the cut-off score at
the close of the waiting list will not be considered for a place in Years 7 to 11 at any future time.
Applicants for places at The Tiffin Girls’ School and Tiffin School are tested by the school only when vacancies occur in the right year group.
Only pupils who previously gained the final cut-off mark or higher, or who are new applicants, will be eligible to be tested after the normal age of admission.
Candidates who take the test at 11+ or later and who do not gain the required mark will not be re-tested at any time for a place in Years 7–11.
It seems to me that they would be incorrect in refusing to test new applicants unless there are spaces in the year group (or at least they would be liable to have that applicant considered qualified if they applied and appealed for a place) - but what about applicants who did not reach the final cut off mark at 11 plus?
The case of "Disappointed Mum" in Dorset doesn't quite fit the bill, because she had moved into the area. Clearly, however, the foundation grammar school concerned hadn't read the new Code of Practice with sufficient care.
At the very least there are questions to be asked about compliance with the Code.
If I were a parent in this situation, I would be contacting the DCSF and seeking legal advice ("Disappointed Mum" spoke to the DCSF who referred her to one of ACE's lawyers).
A cautionary note: even if one wins this particular argument about qualification/re-testing, there's almost certainly going to be an appeal to face in the end.
At the very least there are questions to be asked about compliance with the Code.
If I were a parent in this situation, I would be contacting the DCSF and seeking legal advice ("Disappointed Mum" spoke to the DCSF who referred her to one of ACE's lawyers).
A cautionary note: even if one wins this particular argument about qualification/re-testing, there's almost certainly going to be an appeal to face in the end.
Etienne