How much information to provide?

[Poster123]

Etienne - thank you so much. I will print some stuff from our own specialist's website which is very comprehensive. I didn't tick the Equalities Act box on the form but did allude to it in the appeal itself (by saying I wasn't sure if our child would meet the definition - the more I think about it the more I think they would). But it's good you don't think they'd hold this against our case.

I will answer any questions they have but be very mindful to keep spinning the positives. And i'll work on those summing up tips! I shan't trouble you with the docs.

Kenyancowgirl - thanks for your reply. Unfortunately it's not that simple. The diagnosis was only 3 months ago and my child is still very much affected physically by the issue. In fact the impact on their life is probably greater now than it's ever been, although better understood and can be managed as a result.

[Poster123]

So we had our appeal this morning - now just a 10 day wait, possibly a bit longer because of the Bank Holiday.
I have to say it went as well as it possibly could have. Don't get me wrong - there were some really tough questions but nothing we hadn't prepared for thanks to this site. The panel, school's representative and clerk were really supportive and really allowed us to state our case to the best of our ability - even at one point leading us (I felt) to an answer they wanted to hear. Our primary head came with us and I think that really helped because he was able to answer ability/progress we were less knowledgeable about. And he made the point he doesn't go to all the appeals - just the ones he really think deserve a GS assessment.

The panel chair happened to be an expert in an area that was important to our case. I had thought i'd need to spend much more time explaining the basics but not only did he understand it he seemed to actively agree with it. I was a little concerned at one point that one of the panel would discriminate because of DC's disability on the basis it would be more difficult for the school to make physical accommodations for DC but I think we made a good case to say why, even if they did have to make some changes, DC shouldn't be discriminated against as a result.

What's done is done. It's no disaster if we're not successful as we have an excellent Plan B in his allocated school.

Best of luck to all those going through the same over the next few weeks.

[Etienne]

Glad it seemed to go well.

Good luck!

[Poster123]

So we got our outcome - unsuccessful. Considered suitable for grammar but other appellants had stronger extenuating/mitigating circumstances. We're quite baffled by it all as they accepted our circumstances in full and our head, who's attended 30+ successful appeals in the past, said he'd never heard a stronger case. I guess we're just victims of the lack of suitable places in our area, although I'm slightly suspicious they may have considered the physical adjustments the school might need to make added to the school's 'detriment' case. DC can join the waiting list but that's a no-hoper given how far over PAN they are.
Onwards and upwards. DC's allocated school will be getting the most amazing, sweet, funny, happy, talented child with the most supportive parents possible. DC rocks regardless!

[Etienne]

So sorry to hear this.

We're always willing to take a look at any decision letter to check whether it appears to comply with legal requirements.
If you want to pursue this, just let us know on the forum that you've sent a copy to the Appeals Box:
https://www.elevenplusexams.co.uk/forum ... 23#p108023" onclick="window.open(this.href);return false;

[Poster123]

Thanks Etienne, I'm sure it is legally compliant but I've sent it to you anyway

Many thanks

[Etienne]

The letter is non-compliant, in my view, although it might be nothing more serious than inadequate wording.
The clerk's notes ought to show whether or not everything was done correctly.

No reasons are given in the letter for why the panel accepted the school's case for prejudice at stage one.
It would be reasonable to assume the panel were concerned about the expected number on roll, but this is not enough. The Code clearly states:

• • 3.10 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 letter doesn't even state that the panel did agree at stage one that prejudice would be caused by the admission of any additional children.

There is a reference in the letter to "significant prejudice" - but this appears to be a separate stage two matter (3.9 of the Code), when the panel is minded to allow more appeals than it feels the school could cope with, and therefore has to compare cases in order to determine which ones to uphold.

• • 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.
    [Appeals Code]

It would be interesting to know whether the panel decided that your case, on its own, outweighed the prejudice to the school. Surely they would have had to decide this before concluding there was any need to compare cases?

• • 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.
    [Appeals Code]

I cannot see any summary at all of the school's case for prejudice at stage one.

Although your arguments for academic suitability are listed at stage two, I cannot see any summary of your case for wanting a place.
I assume you put forward some specific reasons for wanting a place at this school?

Did the panel comply with the Equality Act by considering whether your child has a disability?
The letter does not say.

If you'd like to pursue the matter, you could do any one (or two or three!) of the following:

• • • write to Appeals, raising the concerns listed above, and requesting clarification
    
    • ask for a copy of the clerk's notes https://www.elevenplusexams.co.uk/appeals/ombudsman#d4" onclick="window.open(this.href);return false;
    
    • complain to the Local Government Ombudsman (or EFA, if this is an academy) that the decision letter does not comply with 2.25 of the Appeals Code in a number of respects, which points to the possibility that there may have been further, more serious, breaches of the Code
    https://www.elevenplusexams.co.uk/appeals/ombudsman#d1" onclick="window.open(this.href);return false;