Unsuccessful appeal letter

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Bexster2
Posts: 7
Joined: Tue Jun 27, 2017 1:42 pm

Unsuccessful appeal letter

Post by Bexster2 »

Hi

I have sent a copy of our appeal letter and clerk's notes to the Appeals Box.

Please could I request that you have a look at the letter and the decision in relation to the following points:

1) The deliberation time on the Chairman's summary is before our appeal hearing. Is it normal for the deliberation to take place first?

2) Our case was primarily about logistics and the dangerous walk home from the neighbouring village. It also focussed on other points which are not included in the summary suggesting it has been dismissed or not considered important by the IAP. Is this ok?

3) Their summary also says some other children from the village may be going to the school from Sept 17 - this was not discussed in our case or evidence so the appeal panel must have added this. There were no other appeals from children in our village so I don't know where this information came from. Can they speculate like this?

4) In the reasons for IAP decision, the panel members do not seem to give any tangible reasons for their decisions other than there are stronger cases. Is this sufficient? Their summaries suggest that they have downplayed the logistics.

5) Finally, one of the appeal members has stated 'However as 10 stronger cases have been upheld I find that prejudice to the school in admitting a further pupil outweighs that to our daughter'. Is this evidence that the IAP had not considered the cases on their own before comparing?

Thank you for any help you can give. The school we appealed to is an Academy and our appeal was an oversubscription appeal.
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Unsuccessful appeal letter

Post by Etienne »

Thanks. Welcome to Appeals! :)

I will look at this in more detail tomorrow.
Etienne
Bexster2
Posts: 7
Joined: Tue Jun 27, 2017 1:42 pm

Re: Unsuccessful appeal letter

Post by Bexster2 »

Hi Etienne

Thank you!

Bexster2
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Unsuccessful appeal letter

Post by Etienne »

It occurs to us that the deliberation ought to have taken place at the very end of all the appeals. The times could well be correct if they refer to a later date?

It's probably worth seeing what the ESFA think about some of the other points, e.g. a potential breach of para. 3.9 of the Code ("In multiple appeals, the panel must not compare the individual cases .....").
In view of the number of appellants, it's quite possible the panel did need to move on to the next part of 3.9 ("However, where the panel finds there are more cases which outweigh prejudice than the school can admit, it must then compare the cases ....."), but the notes certainly do not show that that is the procedure being followed in this instance.

Even where there's a clear breach of the Code, I'm afraid our recent experience is that it's proving very difficult to satisfy the ESFA that it made any difference to the outcome of the appeal. They seem, to me at least, to take a harder line than the ombudsman.

With regard to what happens in the event of a re-hearing, I've heard of at least one LA where case papers for the fresh appeal give the NOR (number on roll) as it was prior to the original appeals. This means, of course, that someone entitled to a re-hearing is not disadvantaged by any increase in the NOR as a result of successful appeals (which would otherwise strengthen the school's case for prejudice).
However, I suspect this is the exception rather than the rule.
If in your area the case papers show an updated (higher) NOR, then the new panel should be politely asked to ignore any successful appeals when weighing up the case for prejudice, otherwise an appellant whose case is being re-heard, who has already been through an unfair hearing, could suffer a further injustice.
Etienne
Bexster2
Posts: 7
Joined: Tue Jun 27, 2017 1:42 pm

Re: Unsuccessful appeal letter

Post by Bexster2 »

Hi Etienne

Thank you. Your comments are very helpful. I will take them on board and think about whether we raise a complaint.

Kind regards
Bexster2
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