Oversubscription, maladministration and FCO in Bucks

[tobyprice]

if I wasn't already laughing/crying at the absurdity of the whole process this year (which will certainly not be repeated next year), I'd laugh at your comment

DD may end up winning an appeal against a full school and losing the same kind of appeal against a school which has places it wants to fill. How can that be right ??

[mystery]

Sorry got gender wrong in last post. You were meant to laugh, but I know it was maybe not the best joke at this point in time. I think the whole process is farcical from start to finish. And yours is particularly bad with the obvious error along the way but no process just to go quickly, oops, sorry, here's the place.

Who was at the meeting where the obvious transposition was not spotted although the clerk noted inconsistencies?

Makes you wonder how many big clerical mistakes are made during a child's school life which could be in some ways life changing. Now that children's trajectory through some schools seems to depend on some strange post-it observations in the reception year when all the children look the same there is huge scope for one child taking on another child's future.

[tobyprice]

I think you may have confused our case - we won simply on FCO, no evidence that enough time had been spent discussing complex Dyslexia issues. Although I suspect our chair may have just realised the SRP made the wrong assumptions and came to the wrong decision, based on the evidence, which is why they also overturned the academic decision.

[mystery]

Oooops sorry thought I was on another thread. Good job I'm not on the panel! Good luck!

[tobyprice]

I'd like to nudge this discussion along a bit. Some of you may remember lancs2000 last year discussing the topic and the following paragraph appears relevant.

The Secretary of State has only been involved in academy complaints (with ultimate responsibility) for a relatively short time, but there certainly have been occasions when the local government ombudsman has recommended the offer of a school place. Here is but one example:
http://www.lgo.org.uk/complaint-outcome ... 8-011-742/" onclick="window.open(this.href);return false;

Considering sections 3.12 and 3.13 of the School Admissions Appeal Code, which applies legally to academies, there appears to be a strong argument both in precedance (above) and in written law, for maladministration, where a school does not offer a place to a child who would have received an offer if the process had been carried out in an FCO way. Going into an oversubscription appeal almost 2 months after the original IAP date neither follows the process nor the spirit of the code.

[Etienne]

The Secretary of State has only been involved in academy complaints (with ultimate responsibility) for a relatively short time, but there certainly have been occasions when the local government ombudsman has recommended the offer of a school place. Here is but one example:
http://www.lgo.org.uk/complaint-outcome ... 8-011-742/" onclick="window.open(this.href);return false;

To put this in context, I went on to say:

However, it would be correct to say that the more usual 'remedy' following a successful complaint to the ombudsman or Secretary of State, or following a successful judicial review, is likely to be a re-hearing.

I would have thought the immediate offer of a place is usually going to happen only where it is clear what the original outcome should have been. Most cases are not like that - they require difficult judgements to be made, and those dealing with complaints about the process that was followed will not normally substitute their own judgement for that of the appeal panel. If they find in favour of the complainant with regard to flaws in the process, they are more likely to refer the matter back for a re-hearing in front of a different panel.

Neither the ombudsman nor the EFA make the law, but - if you would have been offered a place at an earlier point in time, had it not been for failings in the process - I would have thought you should have a strong case, and it is possible the EFA (which deals with complaints about academies) could recommend a place be given.

The EFA is unlikely to get involved before the appeal process has run its course, and it can take at least two or three months for a subsequent complaint to be determined.

I was involved with the lancs2000 case, and exceptionally it took ten months before a re-hearing was offered!

The wheels of justice move slowly .......

[tobyprice]

Thanks, Etienne. And of course if things don't work out, DD may have had to take her 12+ by then, even though she has qualified under 11+. The school will be full anyway and has already suggested it would want her to take the 12+ and the new regulations will allow them to select on academic ability, thus allowing them to cherry pick the brightest one or two for entry! Which would imo be appallingly unfair.

[Rho40]

Hi Toby
It sounds like we are in a similar position. Our unsuccessful SRP was overturned by the IAP who noted that the SRP misinterpreted the medical evidence. But our chosen GS in Bucks is now full. I have also been reading the appeals code and we are going to argue that not offering DS a place is not in the spirit of the code.
But there's one thing I don't know. I know last year academic appeals were heard before allocation day. So if this had happened last year, he would have got a place. I heard rumors that the council are going to return to this system next year. Which would mean that the timing of appeals panels this year is an anomaly. Does anyone know if this is true or just a rumour?
Thanks

[tobyprice]

Hi Rho40. I heard the rumour on this message board and brought it up at the IAP, arguing it demonstrated lack of FCO and the admissions chap said nothing had been decided and he would be surprised if they discussed the subject until this admissions round is over. If the rumour has some foundation then you are absolutely right to use this year as an anomaly and a prejudice. If anyone does know where the rumour came from and whether it has substance, it would be really helpful for all of us in this horrible situation. Thanks.

[Sally-Anne]

Etienne is away at the moment so I will try to reply on her behalf.

It would be good if the FCO/qualification appeals could be arranged before allocation day, but elsewhere in the country (even where reviews are held) any appeals for year 7 entry routinely take place in the summer term.

However, with the revised timing of the 11+, it wouldn't surprise me if Bucks selection reviews were to be brought forward a bit, and it would restore a little humanity to the system ...

The question is whether it would allow enough time for all the FCO/qualification appeals to be completed by 1st March.