Appeal not upheld--unjust reasoning

[eyelashes]

My DS appeal (oversubscription)was not upheld for LGS (he was 2 marks away from the cut off point) despite the fact that he was unwell on the day of the test (although two test dates were postponed previously) and was given a final sitting for his test-stating clearly in the letter that this was his last chance to sit the exam.

My main points for the appeal that I feel were not fairly considered was the fact that -
1.My DS had been very unwell since June 2011 (doctors letters were attached recommending time off school as needed due to his deteriorating health)
2.Letter from school confirming his significant absences from school from the start of year 5 to the test date-- 16 school days including my DS not returning to school after the test as he was unwell and slept at home following the test.
3.Academic report-stating that my DS progress had deteriorated due to his ilness as was predicted much higher levels for SATs (consistent with previous work) and also confirming that my DS takes longer to complete his work at school due to his ill health
4.Samples of academic work- level 5A in maths (premise for appeal that langley Grammar specialises in maths) and level 5 in literacy were taken
5.MY DS has scored much higher marks on the more difficult sections of the test paper(11 out of 12) on section 2 and 7 out of 12 on the last section (that was easier according to the admission officer herself)-my point was that he was unwell (felt nausated,lethargic despite taking calpol before the test)and just couldn't continue that he had to guess the last questions.


The reasons for the appeal being not upheld that shocked me was that as he has not got a diagnosis for his deteriorating health from the Doctor, so he had enough time To recover for the third test date,despite stating that im waiting for a paedarician appointment- even though his condition has not been diagnosed,it doesn't rule out the fact that he hasnt been unwell? I even mentioned that i myself suffer from chronic fatigue syndorme/ME-which is a diagnosis of exclusion.


Furthermore, the clerks notes have not been disclosed to me despite asking for them in writing.

I feel very upset for them to consider my DS to be well enough to sit the test on the basis that he has not been diagnosed with a condition yet, although my GP recommened time off school as needed due to his chronic flu like symptoms--very tired, bodily aches, and fever.

To summarise my main argument for the appeal was that my DS would have scored much higher marks if he had been in good health on the day of the exam or had been giving extra time to complete the paper- (indirectly) althoguh the latter was not stated

[Etienne]

Furthermore, the clerks notes have not been disclosed to me despite asking for them in writing.

Did you mention the Data Protection Act in your letter? Have they responded at all? If so, what exactly did they say?

It's very difficult to challenge a panel's judgement, even if we think their reasoning was unjust. We need to see if there were any procedural flaws. Could you email a copy of the decision letter to the Appeals Box?
http://www.elevenplusexams.co.uk/forum/ ... =35&t=9907" onclick="window.open(this.href);return false;

[eyelashes]

Thankyou for your message-
Yes I did mention the Data protection Act (following your template letter) but the clerk replied " the notes are exempt from disclosure under the Data Protection Act and freedom of information act and i cannot therefore, provide you with a copy".
Also the letter mentioned that I took samples of his science work and that my DS has been predicted 5C--but I hadn't taken any science work at all (except maths and English)..how can they just assume this level? He has in fact working at level 5a!

I will scan the reply and send it to you as soon as I figure out how too!

[Etienne]

Yes I did mention the Data protection Act (following your template letter) but the clerk replied " the notes are exempt from disclosure under the Data Protection Act and freedom of information act and i cannot therefore, provide you with a copy".

I think it would be worth contacting the Information Commissioner's helpline (on 0303 123 1113 or 01625 545745, which is available between 9am and 5pm, Monday to Friday) to see whether they would be willing to pursue a complaint about this.
(There was a previous complaint about one of the consortium schools - not this one - and the Information Commissioner eventually ruled in favour of the parent.)

With regard to a possible complaint to the EFA - as I pointed out earlier, it will be very difficult to challenge the panel's judgement, when this is explicitly ruled out in the EFA guidelines. Moreover, the lack of a diagnosis is not given as a reason for refusal; the decision letter merely notes the lack of a diagnosis. (I agree it begs the question 'Why did the panel think it worth noting?' - but you can see how difficult this is going to be!) You might be on safer ground if you were to argue that the panel "noted the lack of a diagnosis", which suggests that they gave some weight to this point, but failed to take account of the fact that you are waiting for a paediatric appointment.

The decision letter claims that the panel took into account all the evidence presented, but they seem to have focused almost entirely on extenuating circumstances. The academic evidence is indeed recorded, but there is no indication at all of how compelling the panel found it. With a shortfall of just two marks, one might have thought that alternative academic evidence would merit very careful consideration!

Level 5 covers a wide range of ability, and if the panel wrongly assumed your son to be at 5c in Science, this will need looking into, although the question will inevitably be asked "Did you produce the evidence that he is working at 5a, and - if not - why not?"

Hope this helps.

[eyelashes]

Thankyou so much for your help. I didn't take his science work with me as I was arguing on the basis of his outstanding ability in maths (well suited for a school that specialises in maths), although his school report states that he always works very well in science. The letter did state that he is seeing a paediatric doctor.
Thankyou so much for your help, I will phone the advice line tomorrow.

[Etienne]

I didn't take his science work with me as I was arguing on the basis of his outstanding ability in maths (well suited for a school that specialises in maths), although his school report states that he always works very well in science.

Best to make that point up front, if you decide to complain to the EFA - and to suggest that the fact that you chose to focus on maths didn't entitle the panel to invent a 5c for Science!

Note the fairly restrained language: "I suggest that the fact that I chose to focus on maths didn't entitle the panel to 'invent' a 5c for Science!"
http://www.elevenplusexams.co.uk/appeals/general#a38" onclick="window.open(this.href);return false;

[eyelashes]

Thankyou so much Etienne -you really are a godsend for me!