Failed appeal - maladministation concerns

[Etienne]

Dear rog369

Any shortcomings in a decision letter might be a technical breach of the Code, but they are unlikely to amount to maladministration.

The decision letter in question is not too bad (I've seen worse!), but there are some points you could raise in the event of a formal complaint.

• 1. There is no explicit statement of how the panel dealt with the issue of the review.
  2. There is a reference to "all the written and oral evidence", but this is a 'catch all' phrase, and it is not entirely clear what academic evidence was taken into account, and why it was deemed insufficient. If you are not able to understand why your appeal did not succeed, then the letter has not really fulfilled the aim of paragraph 2.37(b) of the Code of Practice.
  3. My main concern is that nowhere in the Code of Practice is there any requirement for "compelling evidence" of suitability for grammar school to be provided - the case has to be sufficient to satisfy the panel of suitability for grammar school (and sufficient to outweigh any prejudice to the school). The use of the word "compelling" suggests that they are using a different standard from that set out in the Code.

[rog369]

Thank you for your advice Etienne.

I am sure that I will be making a formal complaint to the Academy, using the points you have raised. I feel there have been too many breaches of the Appeals Code and in view of the fact there has been a fairly recent ombudsman investigation I am going to continue. Once I have made a formal complaint to the Academy what happens next?

[Etienne]

Once I have made a formal complaint to the Academy what happens next?

They ought to respond within a reasonable time (1-4 weeks would probably be considered reasonable). Assuming they reject the complaint, they should 'signpost' what you can do if still dissatisfied, namely, take your concerns to the YPLA which acts on behalf of the Secretary of State.

I would suggest contacting the YPLA at that point to ask if they have a standard form you should use in order to submit a complaint.

The Young People’s Learning Agency (YPLA)
Academies Central Unit
Cheylesmore House
Quinton Road
Coventry CV1 2WT
Tel: 0845 337 2000 (ask for the YPLA Academies Central Unit)
Email : academiesenquiries@ypla.gov.uk

One would hope they have something similar to the form used by the ombudsman. See D3(a): http://www.elevenplusexams.co.uk/appeals/ombudsman#d3" onclick="window.open(this.href);return false;

[rog369]

Thanks for all your help with this Etienne.

I will wait for the Clerk's notes and then proceed with a formal complaint. I'll keep you posted as to how I get on. Hopefully I will also get a response from the other member who made a complaint about the school.

[Alex]

Here is a link to the complaints procedure for the YPLA when dealing with complaints about academies - there is a timescale in it.

http://readingroom.ypla.gov.uk/ypla/ypl ... 10__2_.pdf" onclick="window.open(this.href);return false;

[Etienne]

I've now updated our guidance in the Q&As to take account of the separate procedure for academies:
http://www.elevenplusexams.co.uk/appeals/ombudsman#d6" onclick="window.open(this.href);return false;

Thanks for the useful link, Alex.

rog369 - you need to get hold of a copy of the academy's complaints procedure (assuming you haven't already got it).