CAF

[zeinab]

Thank you for your prompt responses. I have put the guns down and willing to listen!

Will do Etienne

You're probably right, Amoda. Didn't want to leave any stone unturned. Was trying to show those who got in were of comparable ability- to show her suitability.

[zeinab]

Zeinab - please send a copy of the decision letter to the Appeals Box.
http://www.elevenplusexams.co.uk/forum/ ... 23#p108023" onclick="window.open(this.href);return false;

Done

[Etienne]

Thanks, Zeinab

The Appeals Code says:

• • 2.25 The panel must ensure that the decision is easily comprehensible so that the parties can understand the basis on which the decision was made. The decision letter must contain a summary of relevant factors that were raised by the parties and considered by the panel.

I note that the letter does not explain why the panel decided the admission of further pupils would cause prejudice.
It has also omitted to mention a significant part of your case, namely your academic evidence, although it does claim that they considered "your written and verbal representations".

Unfortunately, this could just be a badly worded decision letter, in which case all that would happen in the event of a complaint to the EFA is that the school would get its knuckles rapped. It would simply be told it had breached section 2.25 of the Appeals Code, and must improve its decision letters.

The key question is whether the clerk's notes show that the panel properly considered why prejudice would be caused to the school, and whether it took fully into account your academic evidence.

You could try and get hold of a copy of the clerk's notes: http://www.elevenplusexams.co.uk/appeals/ombudsman#d4" onclick="window.open(this.href);return false;
We would then know whether we're dealing with a clerical error (a badly worded decision letter) or with a serious injustice (which might entitle you to a fresh appeal).

Although the clerk's notes might give you more ammunition, and strengthen your grounds for complaining, authorities have up to 40 days to respond under the Data Protection Act 1998. The good ones will probably respond within a couple of weeks, the bad ones might even try to resist.

You could consider saving time by skipping the clerk's notes, submit a complaint immediately to the EFA, if it's an academy, and let them investigate the clerk's notes: http://www.elevenplusexams.co.uk/appeals/ombudsman#d6" onclick="window.open(this.href);return false;
(I'm afraid that, even if you were to send off a complaint straight away, you might not get a decision until September at the earliest.)

I can see from the Y5 SATs levels that your daughter is very bright, but please do not try to query the merits of the panel's decision - the only issue that can be considered by the EFA is whether the process by which the panel arrived at their decision was flawed (for example, did they give proper consideration to your academic evidence?)

[zeinab]

I have sent you another email Etienne! Thank you very much.

[Etienne]

Thanks, zeinab - if you will post any questions on here, we'll do our best to answer.

[zeinab]

Ok, we will probably take this further by requesting the Clerk's Notes. How much of the appeal process & decision making do the notes detail? Also, with regards to dd & what I explained in the inbox, will the potential new evidence give us further grounds for an appeal? Sorry for all the questions, thanks for your patience!

[Etienne]

How much of the appeal process & decision making do the notes detail?

All significant points should be noted.

• • 2.26 The clerk must ensure an accurate record is taken of the points raised at the hearing, including the proceedings, attendance, voting and reasons for decisions.

Also, with regards to dd & what I explained in the inbox, will the potential new evidence give us further grounds for an appeal?

If you mean grounds for seeking a fresh appeal, then no.
If you mean new evidence that could be submitted in the event of a fresh appeal, yes.

[zeinab]

Thanks very much for all the information!!

[zeinab]

Ettienne, we've requested the notes from the Clerk or should we have asked the school ?

Would she be able to change or write out a new set of notes to show that she's covered everything if she hadn't done so during the appeal ? Also, do you think it's a good idea as OP on here requested to see details of the invigilators report and timings of the exam ? Anything else from your knowledge that we can request that may come in handy ?

When we read the school's case my son found several flaws / cracks which we brought up in the hearing on which one member commented he's a credit to the GS he attended and his sister is lucky to have him as a sibling. The lady presenting the school smiled while my son aired those points. Should the notes have included that info which would have shown that some of the school's case was exaggerated / inaccurate in areas to make their case stronger ?

[zeinab]

requested notes from the clerk and this was her response:


Further to your request for the notes of your appeal hearing. Please note these are not subject to Freedom of Information requests as they are the property of the Appeal Panel.

In that case could I request it under the DPA?