Further Appeal

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MaysMum
Posts: 5
Joined: Sat Apr 28, 2012 10:21 pm

Further Appeal

Post by MaysMum »

Dear Sally-Anne and Etienne
We had an unsuccessful appeal on behalf of our daughter to 2 South Warks grammar schools in June 2011. Having raised an objection with the Schools Adjudicator, a meeting was held in September 2011 between ourselves, both Headteachers and the Adjudicator.

As a result, the YPLA (now EFA) issued an instruction to both schools in January 2012 (the wheels turn slowly) to reconvene a suitably independent panel to re-consider our appeal.

Both schools refuse to hold a fresh appeal and the YPLA/EFA are proving disappointingly ineffectual in following up their own instruction - 3 months on.

What would you do?
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Further Appeal

Post by Etienne »

Welcome!

Sorry to hear about this.

Under the YPLA arrangements, there was a clause saying If a complainant is dissatisfied with the way in which the YPLA has dealt with their complaint against an Academy, the complainant may complain to the Secretary of State, so there's likely to be a similar provision with the EFA.

One of our forum members successfully complained about the YPLA to the DfE, although the circumstances were different (the YPLA had - wrongly - found in favour of the academy).

You could contact the EFA to ask them at what point you can refer the matter to the Secretary of State. Or you could contact the DfE and ask them at what point they are able to accept a complaint from you.
Etienne
MaysMum
Posts: 5
Joined: Sat Apr 28, 2012 10:21 pm

Re: Further Appeal

Post by MaysMum »

Thank you Etienne for your speedy response,
I'm aware of the complaints avenue, but feel that having spent so many hours compiling our case for an objection to the OSA in the first place (for a re-hearing), the YPLA/EFA is now suggesting that I put together a case for complaint against them!
All (!) I request is that the EFA, as our 'mouthpiece' progress this case, as per its instruction to the two schools. Four months down the line and I feel were are going backwards.
A question, please: pre-Academy status, one could address a request for a re-appeal to the L/A and from then to the Ombudsman. When a school has converted to an Academy, who has the authority, i.e. next in line, to overturn an appeal? The schools say that the YPLA has no authority to extrapolate a re-appeal from the OSA's investigation and his subsequent Recommendation to the Secretary of State.
The YPLA has already issued its instruction (in January) for reconvening panels for both South Warks schools.
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Further Appeal

Post by Etienne »

This sounds like a nightmare, MaysMum!

Obviously I know nothing about the details of what's happened.

The OSA wouldn't normally be involved - I'm assuming there was an issue about the admission arrangements.
When a school has converted to an Academy, who has the authority, i.e. next in line, to overturn an appeal?
Normally this would be the EFA/YPLA following a complaint and an investigation by them.

I'm afraid I can't say whether the YPLA exceeded its powers.

I still think it might be worth contacting the DfE - not necessarily to make a complaint, but to see if they can advise. You could do this yourself, or you could ask your MP to intervene on your behalf.

You could also see if ACE have a view about how to resolve this situation. The Advisory Centre for Education (ACE) is a national charity that provides independent advice. They have a free helpline:
http://www.ace-ed.org.uk/contact-us" onclick="window.open(this.href);return false;
(but getting through to them at this time of year can be difficult!).
Etienne
Alex
Posts: 1097
Joined: Thu Nov 02, 2006 10:10 pm
Location: Lincolnshire

Re: Further Appeal

Post by Alex »

I am so sorry to hear about this epic. I don't know if this might help at all but it seems to be much easier if you can manage to get a named person to contact. There will be a person in the EFA who is the academy lead officer for your county. You could try asking the DfE or EFA to give you their name or it may be that someone in the County Council may know - head of Admissions or Education Out of School might be good people to try - or may contact on your behalf.

If all else fails MPs asking questions always elicits some sort of response so contacting your local MP could be a good way of getting the ball rolling again, though may not necessarily get the answers you want.
MaysMum
Posts: 5
Joined: Sat Apr 28, 2012 10:21 pm

Re: Further Appeal

Post by MaysMum »

Dear Etienne and Alex
Thank you both for taking the time to give me your advice - it's appreciated. Before I'm carted off by men in white coats, I'll explore the avenues you suggest.
MaysMum
Posts: 5
Joined: Sat Apr 28, 2012 10:21 pm

Re: Further Appeal

Post by MaysMum »

Der Etienne, Alex and any other parents who may think of appealing to the YPLA,

Guess what? The YPLA has now revised its revised decision, having spent the past two weeks gathering information to now tell me that their instruction on behalf of the Secretary of State were in fact, completely erroneous.

No-one, however, has mentioned the phrases 'incompetent blunder' or 'out of their depth'.
scaredkentmum
Posts: 82
Joined: Tue Oct 04, 2011 8:26 am

Re: Further Appeal

Post by scaredkentmum »

OMG! So where does that leave you; other than completely stressed and tearing your hair out :-(
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Further Appeal

Post by Etienne »

Guess what? The YPLA has now revised its revised decision, having spent the past two weeks gathering information to now tell me that their instruction on behalf of the Secretary of State were in fact, completely erroneous.
What a shambles! The EFA/YPLA simply lack the experience of the ombudsman.
Etienne
Sally-Anne
Posts: 9235
Joined: Wed Jan 11, 2006 8:10 pm
Location: Buckinghamshire

Re: Further Appeal

Post by Sally-Anne »

Quite unbelievable.
MaysMum wrote:No-one, however, has mentioned the phrases 'incompetent blunder' or 'out of their depth'.
Allow me: "incompetent blunder'; 'out of their depth'. :mrgreen:

Well done to you, MaysMum, for persisting with this.
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