Ombudsman's decision

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Louise
Posts: 36
Joined: Mon Jan 22, 2007 2:22 pm
Location: Lincolnshire

Post by Louise »

Thank you all for your kind words - I'm overwhelmed. There's such strong feeling out there for the need for fairness and professionalism in these appeals.
Louise
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

It might also be worth contacting the local press.
Capers has a point. This was a remarkably incompetent appeal panel. The foolish, inappropriate questions were bad enough, as was the failure of the chairman and clerk to intervene, but the ombudsman went on to discover that Louise's suspicions were right - answers to daft questions were actually taken into account in the panel's decision making.

By accepting the ombudsman's recommendations, the school has minimised any adverse publicity. This is recorded as a "local settlement". Admission authorities that do not co-operate with the ombudsman, on the other hand, risk a public finding of "maladministration".
Etienne
Alex
Posts: 1097
Joined: Thu Nov 02, 2006 10:10 pm
Location: Lincolnshire

Post by Alex »

Another practical suggestion for when there is a finding by the ombudsman against a foundation school appeals panel which results in a local settlement rather than a report is to let the Local Authority Admissions Department know the details of the findings. They will not automatically know the full results as foundation schools often act independently (this may even be so when it is the LA which arranges re-appeals using LA clerks and panels). The better information they have the better they are able to monitor, advise and exert the appropriate pressure on the schools to follow the correct procedures under the Code of Practice.
Sally-Anne
Posts: 9235
Joined: Wed Jan 11, 2006 8:10 pm
Location: Buckinghamshire

Post by Sally-Anne »

Hi Louise

My initial thought on reading Capers' suggestion of talking to the press was: "Louise is now putting this behind her, it isn't worth it".

However, having seen Etienne's views, and Alex's post I think either or both of those suggestions are eminently sensible.

If you can face it Louise I hope you will try to take one or both ideas forward. I am sure that Alex and Etienne will be happy to give you more guidance by PM if you need it. (Sorry A&E! Hey, that makes Accident and Emergency! Not a bad description for what you both deal with really!)

I can also help by PM on how to deal with the press, but Etienne will need to guide us both on the facts.

Best wishes
Sally-Anne
Louise
Posts: 36
Joined: Mon Jan 22, 2007 2:22 pm
Location: Lincolnshire

Post by Louise »

Hi all,

Not sure at all about going to press but will consider Alex's point about letting Admission Authorities know. After a year of all this it really is time to put it all behind me.
Louise
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

I can well understand if Louise has had enough, but surely it is open to any concerned resident in Lincs. to contact the local press? To make it as easy as possible, individual newspapers are likely to have an online facility.

"Are your readers aware that appeals for entry to a boys' grammar school in Grantham have been found to be improperly conducted ......................... Parents have now been offered a re-hearing with a new panel convened this time by the local authority rather than by the school. The school will be required to take steps (e.g. re-training of panel members, the appointment of an independent clerk) to ensure that the failings are not repeated. Any other appellants who feel they have been unfairly treated have one year in which to take a complaint to the ombudsman."

In my view local parents should be alerted to what has been going on, but also reassured that appropriate action has been taken.

It's also possible that there might have been other dubious appeals (for example, by families moving in to the area) that pre-date the batch in question, but are still within the one-year period allowed for complaints to be taken to the ombudsman.
Etienne
imogen

appeals decision

Post by imogen »

I've just read the past post and I'm so pleased of the outcome. I had a horrible feeling after my daughter's appeal last April, especially when 2 of the most unlikely children from my daughter's school got through on appeal. Could someone please clarify something that's been niggling at me- at the beginning of the appeal the panel members said that there decision was final, even if I did want to take it to the ombudsman. It seems from previous posts that this would not be the case, as another hearing could have been carried out if the ombudsman thought the hearing was not fair. I was not happy with my daughter's hearing bu tdid not take it further because they said their decision was final. Also , I didn't have a clue who the appeal members were or what their qualifications where. Can anyone help?
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: appeals decision

Post by Etienne »

Dear Imogen

It's standard practice and quite correct to say "Our decision is final," because it is meant to be the final stage in the process. However, if something has been done wrongly, resulting in an injustice, the local government ombudsman or a judge can ask for a re-hearing.

There is no point in complaining just because you disagree with the panel's decision. There needs to have been a fault in the process. It is probably unwise to talk about other cases - you may not know all the facts - only the panel heard all the evidence and read all the case papers.

The panel ought to have introduced themselves at the hearing (alternatively this can be done by the chair or the clerk), and they ought to have had nameplates in front of them. There are no "qualifications" as such, other than that the individuals concerned were thought to be "suitable" people, and have received training. There has to be at least one person with experience of education, and at least one "lay" member. Panel members must be independent, have no vested interest in the outcome of the appeal, and no connection with any school being appealed for such that their impartiality might be called into question.

The ombudsman does not need to be told who the panel were. He will find that out for himself. There is a form asking you for the name of the admission authority, the date of the hearing, the school concerned, your name and details, what you are unhappy about, and what you would like done about it ("a re-hearing" is the usually the best answer!).

You have one year from the date of the hearing to make a complaint.

Regards
Etienne
imogen

Post by imogen »

thank you for your reply, my grievance is mainly that my daughter's case was based on medical reasons but the panel only asked one question, which I felt had no relevance as they just asking why it took so long for a referal from the hospital to be received by myself. They also didn't ask any other questions re my child's ability just how many other children were appealing and that there were no places available. Thank you for your help
Katie
Posts: 229
Joined: Sat Jun 30, 2007 10:25 am

appeal decision

Post by Katie »

Well done Louise - I am still waiting after submitting even further supporting evidence. It's brilliant to hear your story.
I'll let you know when I hear - but don't h :D old your breath!!
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