Recent hearing

pluto · Post by **pluto** » Wed Apr 23, 2008 7:21 pm

Just had an appeal at Simon Langton Boys today but was not successful. This is not surprising given it's a highly over-subscribed school. I should have known that priority would be given to pupils that had passed the Kent Test and had Simon Langton down as their first choice. It seems that anyone who was appealing on grounds of non-qualification had no chance whatsoever. I got the impression that judgements were made before the hearing. Nevertheless, the panel were professional and fair at the hearing. I only wish that I knew how many parents were applying on grounds of over-subscription. The odds were definitely stacked against us. Anybody ever got through on grounds of non-qualification let me know.

Sam's Mum · Post by **Sam's Mum** » Wed Apr 23, 2008 8:26 pm

Pluto

Sorry to hear that your appeal was not successful. I'm afraid I know nothing about this particular school but just wanted to know how you were told the outcome of your appeal. I didn't realise that you would find out there and then.

Thanks

Sam's Mum

c'est la vie · Post by **c'est la vie** » Wed Apr 23, 2008 8:48 pm

It seems that anyone who was appealing on grounds of non-qualification had no chance whatsoever.

That's because Kent has a review system as part of the 11+ assessment and assessment outcomes cannot be considered as grounds for appeal since 1st March, 2008.

In other words, it's illegal for panels to consider appeals against non-qualification where the PESE includes Head Teacher reviews/appeals/assessments.

Moscow · Post by **Moscow** » Wed Apr 23, 2008 9:02 pm

Hi Pluto. if it is any consolation, we too failed an appeal at Simon Langton today. I have posted more details on the Appeals thread but feel it may not be worth going to another appeal. We have two more scheduled. What about you? So sorry. I agree the panel were very nice but did not realise they may have already made up their minds?

Moscow · Post by **Moscow** » Wed Apr 23, 2008 9:07 pm

C'est La Vie, can you clarify your comment as not sure what you mean? Are you saying that because our Headteacher has already appealed, they would not consider our appeal, even with all the evidence?

c'est la vie · Post by **c'est la vie** » Wed Apr 23, 2008 9:23 pm

Moscow wrote:C'est La Vie, can you clarify your comment as not sure what you mean? Are you saying that because our Headteacher has already appealed, they would not consider our appeal, even with all the evidence?

The Head teacher assessment panel has already considered all the evidence, provided your primary Head appealed on behalf of your child. All this takes place once the actual 11+ papers are marked and sent to the primary school, and before a place is allocated on the first Monday in March.

From 1st March this year, the new Appeals Code of Practice disallowed appeals on the basis of non-qualification if the 11+ assessment included closer scrutiny by further review following marking of papers.

So, since your primary Head has already appealed, that's it as far as non-qualification goes...according to the new Appeals Code.

Now, all children have one chance of appeal rather than two as was the case in a small minority.

Moscow · Post by **Moscow** » Wed Apr 23, 2008 9:37 pm

i must say that I do not understand this. Why would the appeal be accepted if there was not chance of it being upheld? I believed the Headteachers appeal to be part of the assessment not the appeal and no one else has mentioned this. Does this mean that we have no chance at any other appeal? The board also do not know if the Head has appealed which is why they ask you.

Incidentally info for Sams Mum, the school said we could phone them to get the results which made the wait less strenuous. We were suprised but their decision had been made by 3pm and yet they had seen a lot of appeals today. Maybe this proves it was a foregone conclusion.

heronsfly · Post by **heronsfly** » Wed Apr 23, 2008 9:54 pm

I have followed you over to this thread moscow.
I had the panic over this advice back at the start of the appeal process, I spoke to the lea and our primary head teacher and was assured that in our part of kent at the present time the HT appeal is not a formal part of the process and therefore parental appeals are the same as last year if this is not the fact I would certainly like to know why my primary school has so strongly advised me to appeal.

c'est la vie · Post by **c'est la vie** » Wed Apr 23, 2008 9:59 pm

Moscow wrote:i must say that I do not understand this. Why would the appeal be accepted if there was not chance of it being upheld? I believed the Headteachers appeal to be part of the assessment not the appeal and no one else has mentioned this. Does this mean that we have no chance at any other appeal? The board also do not know if the Head has appealed which is why they ask you.

Every parent has the right of appeal to a school that has refused them a place. But there are limitations to the grounds that are allowable, and non-qualification in LA areas that have a non-statutory appeal system of their own means that the panel cannot consider academic evidence presented by a parent for a child who has failed the 11+.

In cases of non-qualification, where the primary Head has appealed before places are allocated, the panel can only look at whether the assessment process has been carried out in a fair and consistent manner.

If the Appeals Panels have been given the correct legal advice, the situation should be repeated.

You will see that Bucks have dropped their local review/assessment procedures because of the new Appeals Code and parents can still appeal against non-qualification provided a local non-statutory process has not been utilised.

In my view, the change to testing before expressing preferences on the CAF has opened up a hornets nest for parents. For secondary entry in 2009, County will be instructing primary heads to advise parents whose children have not passed the 11+ not to apply to grammar schools on the CAF because they know there are no grounds for appeal on non-qualification.

If we have realised the full ramifications of the Admissions Consultation to move to early testing we might not have voted for it.

Moscow · Post by **Moscow** » Wed Apr 23, 2008 10:11 pm

Yes Heronsfly. i think you are right. This new procedure only applys from the next Kent test which is taken before school preference is chosen. Obviously school choice would be different if a child had not passed before schools were chosen. this is how it used to be. As for us, we still can appeal against non-qualification, otherwise out Head would have also told us there was no point in appealing.