Bucks review/appeal

[Etienne]

It sounds like a standard letter sent to everyone appealing after an unsuccessful review - but yes, if you'd feel more comfortable, you can use the address Herman has kindly provided. (The auto-response will ask you to post a question on the forum, but we'll know that you've already done that.)

[Etienne]

Y6mum - do you think you could copy the relevant sentence or sentences here, so that we can see exactly what the wording is?

Thanks

Y6mum - Sorry but I think there's been a misunderstanding. I was asking to see the sentences in the letter. (The exact wording could make a difference.)

[Y6mum]

Oh sorry Etienne, I thought you meant my sentences. I'll copy those from the letter in when I get home this evening. As you say I think those are just of a standard letter.

[Y6mum]

Hi Etienne, the FCO text in the letter reads as follows:

"As you followed the selection review process, in accordance with the School Admission Appeals Code, the IAP must first consider whether the selection review process was carried out in a fair, consistent and objective way. If you believe this was not the case, you must submit your supporting evidence for the first stage of the appeal as soon as possible, if you have not already done so.

You must also submit any supporting evidence of academic ability at the same time..."

[Etienne]

Thanks, Y6mum.

"As you followed the selection review process, in accordance with the School Admission Appeals Code, the IAP must first consider whether the selection review process was carried out in a fair, consistent and objective way."

That bit is all right - it amounts to what the Appeals Code says.

If you believe this was not the case, you must submit your supporting evidence for the first stage of the appeal as soon as possible, if you have not already done so.

That bit is not in the Appeals Code!

I think I would either ignore this (and ask the Appeal Panel at the hearing whether it is based on anything in paragraph 3.13(b) of the Appeals Code) - or write back saying "Thank you for your letter dated ......

Paragraph 3.13(b) of the Appeals Code refers to whether or not there is any evidence that each child’s review was carried out in a fair, consistent and objective way. It does not appear to require evidence that the review was not carried out in a fair, consistent and objective way.

I respectfully submit that the onus would seem to be on the admission authority to prove its case to the satisfaction of the Appeal Panel - not on the parent to disprove it.

I have not yet had sight of the admission authority's case, and therefore am not yet in a position to comment on it."

Most parents, I suspect, will want to question/challenge the admission authority's case at the hearing by raising some specific points, not by producing 'evidence'.

Of course, if they do happen to have any evidence suggesting that the process wasn't fair, consistent or objective, they ought to submit it in advance. I doubt that there will be many instances of this, but one example would be if school work was of such a very high standard that the Review Panel could have arrived at a different decision if only they had considered it.

Even so, I can't believe that whoever sent you the letter would be jumping for joy if the response were to be a flood of exercise books! (A letter from the headteacher stating "School work is of a very high standard, and the review panel could have arrived at a different decision if they had seen it" would probably be more acceptable! )

I think it would have been more sensible if the letter you were sent had been worded differently. This new process is already difficult enough for parents.

Just my view!

[Y6mum]

Both options seem a bit scary to me

If I write the letter as you have mentioned, might we end up in protracted arguments on this point before the hearing?, or as a result might they produce a stronger case 'proving' it was fair etc.

If I ignore it and just send our academic evidence, and raise that 3.13(b) argument ourselves at the hearing, is there anything they could come up with to put that burden of proof on us?

[Etienne]

If I write the letter as you have mentioned, might we end up in protracted arguments on this point before the hearing?

Unlikely. I would have thought they'd ignore your letter, but include it in the paperwork for the hearing.
Or they'd write back to you, saying their interpretation of the Code is different, but it's up to you to decide how to present your case - and you'll then ignore their response!

The point is:

• • You (and, I suspect, the vast majority of parents) probably will not be sending in 'evidence' against 'fair, consistent & objective', because you haven't got any!

In this situation the only position you can take is to argue that you are not required by the Code to produce evidence against 'fair, consistent & objective', but that there are points you wish to raise.

or as a result might they produce a stronger case 'proving' it was fair etc.

I don't believe they'll change their case. (It won't be a case that's specifically aimed at you. It will be the same case for everyone appealing for a particular school following an unsuccessful review. And I would have thought it's likely to be essentially the same case for every single school.)

If I ignore it and just send our academic evidence, and raise that 3.13(b) argument ourselves at the hearing, is there anything they could come up with to put that burden of proof on us?

It's up to the panel to decide. It's possible they might say that their interpretation of the Code is different - but, if so, I would have thought it a decision that could be open to challenge, and that in the event of an unsuccessful appeal it would be worth referring the matter to the EFA (the body that deals with complaints about academy appeals).

The only other option you have is to do absolutely nothing - you don't reply to the letter you've received, and you don't raise the matter at the hearing.

However, you do need to be prepared for the possibility that either the representative of the admission authority, or the appeal panel, could turn to you at the hearing and ask "On what basis - or with what evidence - are you challenging 'fair, consistent & objective'?"

The response to this could be:

• • "Paragraph 3.13(b) of the Appeals Code refers to whether or not there is any evidence that each child’s review was carried out in a fair, consistent and objective way. It does not appear to require evidence that the review was not carried out in a fair, consistent and objective way.
    
    I respectfully submit that the onus is on the admission authority to prove its case to the satisfaction of the Appeal Panel - not on the parent to disprove it.
    
    However, there are several points I would like to raise, and bring to the panel's attention. Could the presenting officer please tell us ......."

Glad you've raised this, because everyone who's appealing after an unsuccessful review will be in the same position.

[Y6mum]

What I'm thinking to do at this point Etienne is to write the letter (citing 3.13b) as you suggested, but include it in with our academic evidence.

[Etienne]

That sounds all right, Y6mum - and if you send it all in close to the deadline, 'protracted correspondence' (however unlikely) will be impossible!

I don't think it matters which option you go for - it's just a question of which you feel most comfortable with.

The advantage of a letter is that it could save you from having to make the little speech suggested at the end of my last post, as any letter is likely to be included in the appeal paperwork.

[Y6mum]

Good point Etienne, just as well I haven't got all the schoolwork ready yet