CAF

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Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: CAF

Post by Etienne »

zeinab wrote:Hi Etienne,

Which part of my complaint was upheld ? Does it relate to the notes not mentioning my son's findings ? :)
No - it's section 2.25 of the Code that has been breached:
    • "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. It must also give clear reasons for the panel’s decision, including how, and why, any issues of fact or law were decided by the panel during the hearing."
And how can the EFA say the procedure was generally carried out in the right way, apart from a few things, when the notes, 'whatever copies they've submitted', don't mention anything about her high academic evidence being taken into account, which is a crucial part of evidence in a GS appeal ? It just shows a list of the evidence I produced, but 'nothing about it's contents which of course would have carried 'zero', weight on my behalf against the school's case.
The EFA are relying on the comment "considered all documents provided, plus verbal case"
- this comment is in the brief summary in the clerk's notes.

In the main body of the clerk's notes there is a long list of the documents provided, at which point the notes come to a very abrupt end.

The EFA concede that the decision making process is vague in the decision letter.
They might well have added that this accurately reflects the absence of any decision making process in the clerk's record!
Even though it was entirely up to the IAP to add whatever weight to the letters, shouldn't the notes show briefly, what the letters entailed ?
Not necessarily, but I think the clerk ought to have recorded what view the panel took of the academic evidence.
This appears to breach section 2.26 of the Code:
    • "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".
Quite apart from the absence of decision making, as I've already pointed out we don't even appear to have a decision on "grammar school suitability".
And then there's the mysterious undated letter, that is separate to the notes, which raises the question ? What is really going on ? If the EFA included the above in their investigation wouldn't my complaint be fully upheld ? :D
We have to try and establish all the facts.
On 15th September I wrote "I'm afraid the EFA seem to be less transparent than the ombudsman." :?
We were working in the dark when the school refused access to the clerk's notes.
We're now working in the dark because we haven't seen a 16+ page PDF file including an undated letter which it is claimed was sent to you by the academy trust regarding the impact of additional children on the school, and giving reasons for the school's current inability to accommodate greater numbers.
I've suggested you request a copy.
May I possibly ask if some of my forum friends on here, who've been following my journey to add any thoughts or ideas that we may have overlooked ? Or just a comment to show solidarity .....
Solidarity, yes - but difficult for others to comment further when they haven't seen any of the paperwork that is available.
Etienne
zeinab
Posts: 353
Joined: Sun Jul 25, 2010 11:25 pm

Re: CAF

Post by zeinab »

Hi Etienne.

Have just dug out all the paperwork sent to me from the the academy trust.

There are two lots of paperwork stapled together which I received a few days before my hearing. One lot is undated and says 'date as postmark'. It is headed 'Statement of the Academy Trust' which consists of two and half sides of paper (on 2 sheets ). It contains why they consider there would be educational prejudice if an additional girl was admitted. Is this the undated letter they mentioned ? The other lot, also undated is headed 'Admission Policy' then underneath it says 'for entry in 2016'. This consists of a contents page and seven and a half sides of paper (on 4 sheets). Maybe these are the papers, but I'm not sure. Would you like me to send you this ?

My son who attended the appeal will be back from uni this week, for the Xmas hols, and he can look at the above trust's statement again to remind me of his findings, or isn't that important now ?

Checked all my emails from the school to be sure that I didn't miss any info. Can't find anything relating to the 16+ pages.

Have sent an email to the EFA.
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: CAF

Post by Etienne »

Maybe these are the papers, but I'm not sure. Would you like me to send you this ?
Thanks, but not necessary at present.

I'm guessing that the PDF includes the seven and a half sides of paper you mention above, plus the school's responses to the various issues raised in the complaint.

One of our complaints was about prejudice, and we quoted 3.10 of the Code: ‘whilst the panel must take into account the school’s published admission number, the admission authority must be able to demonstrate prejudice over and above the fact that the published admission number has already been reached. The panel must not reassess the capacity of the school, but must consider the impact on the school of admitting additional children.’
We doubted that the panel considered the impact on the school of admitting additional children, as the decision letter just states that ‘to admit any more pupils in excess of this number would prejudice the provision of efficient education and the efficient use of resources’ but does not explain how this conclusion was reached.

It's just possible that the mysterious letter is actually a response from the school to your complaint, and sent to the EFA (not to you!).
I'm only speculating, though.
Let's wait and see what the facts are.
Etienne
zeinab
Posts: 353
Joined: Sun Jul 25, 2010 11:25 pm

Re: CAF

Post by zeinab »

Etienne, please check your appeals box.

What's the purpose of an appeal when authentic evidence is not considered properly, if not at all? If 4 yrs of school reports/grades and head's predictions do not confirm my DD's constant high ability then what does ? What grades would a child need to achieve in yr 5 if two 5bs and two 5cs are not sufficient evidence of high academic ability? :?

We are 200% certain we found discrepancies in the school's case that the school didn't argue. Why then have they not recorded it ? Why write this letter months after the appeal. Surely that would mean it is not an accurate account of what happened on the day.

Why not mention the doctor's letter and how that ties up with what the school say about her dip in concentration levels during the time of the exam, unless it has all been missed for a reason ?

They mention that I didn't put the school down 1st (it was 2nd), on the advice of my local Education Authority, if you
recall what I said at the beginning of this thread. They said I had to put a 'safe' school down otherwise my DD might find herself without a school.

Etiienne, quoting what you mentioned at the beginning of this thread:
'There would probably be trouble if a panel gave that as a reason, and a fair-minded panel wouldn't do it.
No guarantee, though, that an individual panel member might not think it.'

This kind of injustice only fuels my determination to continue.
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: CAF

Post by Etienne »

Hi zeinab

I assume the percentage success rate for appeals at this school is very low?
When the competition for places is really intense, it makes it much harder to win an appeal, and I guess that is what is going on here.

Most schools couldn't cope with a large number of successful appeals, so the Appeals Code makes special provision for this situation:
    • "3.9 In multiple appeals, the panel must not compare the individual cases when deciding whether an appellant’s case outweighs the prejudice to the school. However, where the panel finds there are more cases which outweigh prejudice than the school can admit, it must then compare the cases and uphold those with the strongest case for admission."
In other words, it's possible for the appellant to be found academically suitable, and for the prejudice to the school to be outweighed, but for the appeal to be lost because there's a number of even stronger cases, and to admit more than that number would cause serious prejudice to the school.

However, it seems to me that this panel is in effect "keeping the numbers down" by setting a somewhat unreasonable standard for academic evidence/extenuating circumstances, when it could have taken more reasonable decisions about 'grammar school suitability' and then invoked section 3.9 of the Code, and chosen the most deserving cases.
Just my view.

In fact, they seem to have finished up by breaching section 3.9 of the Code because the clerk has recorded that they "considered other appeal cases" when deciding that your case did not outweigh the prejudice to the school.
Section 3.9 clearly states "the panel must not compare the individual cases" [in the first instance].

I've reviewed the missing section of notes (now received, thanks to your efforts).
It does go some way to settling some of my questions.

I sympathise greatly with your frustration, and think you're right that the evidence points to your DC being of grammar school ability - but unfortunately it's not possible to challenge the panel's judgement with regard to academic evidence and extenuating circumstances, however strongly we may disagree with them.

For a 100% successful complaint there has to be a procedural error so serious as to cause an injustice. This is why the flawed decision letter did not lead to a re-hearing. Whilst it breached the Appeals Code, the outcome of the appeal would not have been any different if it had complied with the Code.

I agree with you regarding the reference to your first CAF preference, and I assume this point was never put to you at the hearing so that you had an opportunity to explain.
The panel might well be in trouble over this - as the clerk was over the decision letter - but the question the EFA would ask itself is "Would the outcome of the appeal have been any different in the light of the panel's decision on academic evidence?"

I shall be away now for a week or so (business, not pleasure!), but will catch up with any developments on my return. It will be interesting to see whether the school consents to the release of the 16+ page PDF! :?
Etienne
zeinab
Posts: 353
Joined: Sun Jul 25, 2010 11:25 pm

Re: CAF

Post by zeinab »

Thank you, Etienne.

A member on here had similar issues with the appeal decision and then with the EFA. It was taken further, down all avenues and now is a parent of a happy DC at GS! Will do the same once I see the requested paperwork.

Yes, I understand they may have had too many strong appeals and therefore had to compare them so obviously my one was weaker. But possibly if the relevant evidence was considered properly my case would have been stronger.

Enjoy you time away from here, Etienne :) .....see you in the new year.
capers123
Posts: 1865
Joined: Sun May 13, 2007 9:03 pm
Location: Gloucestershire

Re: CAF

Post by capers123 »

Etienne wrote:'whilst the panel must take into account the school’s published admission number, the admission authority must be able to demonstrate prejudice over and above the fact that the published admission number has already been reached. The panel must not reassess the capacity of the school, but must consider the impact on the school of admitting additional children.’
As some reading this may remember, I am (still) a IAP panel member. I find the section above comes in rather useful when hearing appeals for Primary schools where the school has just said "we're at PAN so can't allow the appeal" - yet when questioned can't actually tell us that there would be a negative impact for going over PAN. In rare cases, the head from the school turns up at the appeal and says they'd be quite happy to take an extra child, and have the space, but the LEA won't let them because they're at PAN. At which point we can see the LEA Presenting Officer turning a strange shade of red.
Etienne wrote:In other words, it's possible for the appellant to be found academically suitable, and for the prejudice to the school to be outweighed, but for the appeal to be lost because there's a number of even stronger cases, and to admit more than that number would cause serious prejudice to the school.
This happens all too frequently in my patch. We end up with a pile of very academically suitable children - some of whom have probably got a qualifying score - but then can not allow all of their appeals without creating a serious prejudice to both the school and the existing pupils (who often get forgotten in this). We go home feeling quite sad.
Capers
zeinab
Posts: 353
Joined: Sun Jul 25, 2010 11:25 pm

Re: CAF

Post by zeinab »

Happy New Year all!

Good to see you here Capers and apologies (looking back don't think I have :)) if I've said anything against the IAP. They do have a mega tough job deciding who to let in on appeal when there are so many strong cases. So it's not an easy job at all when that's the case. :D
zeinab
Posts: 353
Joined: Sun Jul 25, 2010 11:25 pm

Re: CAF

Post by zeinab »

Hi Etienne,

Please check you appeals box.

My passion for a sound education during a child's most important years is what drives me as it's something I've never had.

I 'will not' give up. My reason is they say the academic evidence viewed did not show sufficient high ability. How untrue that is. If 5 years of solid evidence of high ability has been overlooked for whatever reasons, on their part, then it's no surprise the extenuating circumstances and the conversations that took place was overlooked as well, for the simple fact there were too many strong cases. So this is probably what has happened.

However, I feel an injustice has been made and I with the strength from within, shall not rest until the right decision is made. :)
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: CAF

Post by Etienne »

Please check you appeals box
Thanks, zeinab. I will study the pdf file, and get back to you.

One quick question. How did they know what your 1st preference was?
Was it discussed at the hearing?
Etienne
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