Selection Review , prove it wasn't FCO

[bucksdad8623]

We received our appeal papers yesterday, lots of sleepless nights lie ahead.
I was wondering if anyone can answer a few points, there is some information the panel will see which I'm not entirely happy about.
We are appealing to more than one GS, in my emails to admissions I've used the reference number in the subject heading to avoid the emails being mixed and for me to keep track. I've just noticed that admissions included a reference to a different school in the papers I received yesterday. In effect, they mixed the emails. They also included our submission to the selection review panel in which we mention our preferred school (not the one referred to in the appeal papers), our mistake we should have thought ahead and not wrote this. The papers also included a copy of the CAF. So the panel now know the ranking of the school, our preferred choice and the fact we are appealing to our preferred choice in addition to that school.
I know in reality appeal panels may expect you to appeal to more than one school, but it's not good to see it written in black and white.
Am I overthinking this (again) and have admissions behaved improperly by mixing the emails?

There was a lot of useful information contained in the appeal papers including the number/type of reasonable adjustments applied, quite a lot of 25% extra time and breaks were allowed, these were denied to our DD.

For stage (1) the panel have to decide whether admission arrangements were lawful. I would like to argue that in our case they weren't because reasonable adjustments were not made. I'm uncomfortable arguing this openly, can anyone advise whether I have to do it then or wait until stage (2).

What a nightmare.

[Etienne]

I've just noticed that admissions included a reference to a different school in the papers I received yesterday. In effect, they mixed the emails.

If the wrong paperwork has been included, tell the Appeals Team you are unhappy about this, and ask if the panel could be told not to take it into account and to destroy it immediately. (The panel will be so busy on the day, they are unlikely to remember the content, if the paperwork is removed promptly.)

The papers also included a copy of the CAF. So the panel now know the ranking of the school ......

• • It is difficult to say whether the panel will be given information by the admission authority about preferences. In the case of an LA panel hearing appeals for a community school, or hearing appeals on behalf of an academy, it is quite likely. I would have thought that panels for own-admission authority schools running their own appeals may be less likely to know about the CAF (although the LA might make the information available for the purposes of an appeal).
    You are entitled to get exactly the same papers as the appeal panel and the presenting officer a week or so before the hearing, so you will be able to see whether any information about preferences is included.
    
    Even if the panel has been given no information about your preferences in the appeal papers, be prepared for the possibility that they might ask you about them (and about other appeals).
    
    https://www.elevenplusexams.co.uk/appeals/general#a21" onclick="window.open(this.href);return false;

There was a lot of useful information contained in the appeal papers including the number/type of reasonable adjustments applied, quite a lot of 25% extra time and breaks were allowed, these were denied to our DD.

Useful!

For stage (1) the panel have to decide whether admission arrangements were lawful. I would like to argue that in our case they weren't because reasonable adjustments were not made. I'm uncomfortable arguing this openly, can anyone advise whether I have to do it then or wait until stage (2).

You may be confusing the lawfulness of the admission arrangements, with their application.
Lawfulness seems to me a general stage 1 issue. Do the admission rules comply with the mandatory provisions of the Code or not?

How the rules were applied in your particular case cannot really be a matter for discussion at a group hearing. I would raise it at stage 2.

[bucksdad8623]

Thanks Etienne, I contacted Appeals about them mixing the information.
I haven't heard back yet.
I'm sure the panel will know the CAF order, the case papers include a summary page which includes my DD details, 11+ score and CAF.
I presume the panel will see that too.
Would this potential prejudice to our appeal by this procedural error give grounds for complaint later (I'm not planning to do that I just want this to be over with)?


Thanks for clarifying what's expected at stage 1.

[Etienne]

I'm sure the panel will know the CAF order, the case papers include a summary page which includes my DD details, 11+ score and CAF.
I presume the panel will see that too.

Yes, this would appear to be standard procedure in Bucks.
I quoted the Q&As A21 above to show that it is quite likely a copy of the CAF will be provided if the LA are involved in an appeal.

Would this potential prejudice to our appeal by this procedural error give grounds for complaint later ..... ?

You could try, and see what happens, but it might be difficult to demonstrate that the error caused an injustice. (Of course, if the clerk's notes were to show the panel giving weight to the paperwork in question, and then coming up with an unfavourable decision, you might well have a "smoking gun"!)

[bucksdad8623]

Dear Etienne,
I wondering if you wouldn’t mind looking at our notes from the special access panel if I send them to the appeals box?
We lost our first appeal partially because the panel didn’t agree that our daughter had been discriminated against when they only awarded her 10% extra time for the verbal only.
I’ve looked again at the notes from the SAP, I didn’t really pay much attention to them previously, an oversight on my part.
I think the SAP didn’t consider the correct evidence nor the head teacher’s submission, I’m wondering if I can take this further.
I’d rather not share the specifics openly if that’s ok.
Thanks

[Etienne]

I wondering if you wouldn’t mind looking at our notes from the special access panel if I send them to the appeals box?

No problem.

[bucksdad8623]

Thanks Etienne,
I've sent some information to the appeals box.

[Etienne]

I’m wondering if I can take this further.

I agree that the SAP form appears not to have been completed properly, but unfortunately (as far as I'm aware) there is no direct right of appeal against the Special Access Panel.

It is open to you to consider whether to take legal advice at some point - but for the time being the correct way to proceed is to ask an IAP to consider the matter (as you have done).

Problem is - if the outcome of the appeal hearing is not what you want, it isn't really possible to challenge the IAP's decision, unless they failed to give proper consideration to the matter you brought to their attention.
The decision letter from the IAP clerk ought to give some idea whether or not this happened.

The clerk's notes, if you want to get hold of a copy, might possibly reveal more than is in the decision letter.

I'd be happy to check the decision letter and/or clerk's notes for any obvious irregularities.

[bucksdad8623]

Thanks for looking at the evidence, Etienne. I don't think it's possible to argue that the IAP didn't consider the SAP decision because I didn't highlight it when presenting the case, complete oversight on my part. I assumed the panel would look through the evidence but unless they are really thorough and can interpret and Ed Psych report then presumably didn't see a problem.
They decision did bring it to my attention, so I have made a point of highlighting it to the IAPs.
Thanks again.

[Etienne]

I assumed the panel would look through the evidence

I would have thought a good panel should have picked this up, whether or not you highlighted it.
However, they may not have fully appreciated that the SAP process forms part of the admission arrangements.

• • 3.2 The panel must consider the following matters in relation to each child that is the subject of an appeal:
    ........
    
    b) whether the admission arrangements were correctly and impartially applied in the case in question.
    [Appeals Code]

Be sure to spell out at the next appeal that the SAP process is part of the admission arrangements, and that you do not believe the admission arrangements have been correctly applied in your case.