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PostPosted: Wed Mar 21, 2018 10:06 am 
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Whilst that may be true catcool, the basis for the appeal is more the length of time between being offered the place and the place being withdrawn is beyond that which would be considered "reasonable" as evidenced by prior case precedents.


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PostPosted: Wed Mar 21, 2018 1:05 pm 
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Etienne wrote:
Etienne wrote:
I suggest there should be the following parts to your case.

1. The basic facts as you have outlined them ..... [e.g. score, offer, subsequent letters & dates].

2. A brief paragraph about the extreme distress this has caused. (The only purpose here is to try and win the sympathy of the panel, so it should be written more in sorrow than in anger!)

3. The admission arrangements/legal precedents ........

        It will have to be worded cautiously because the law isn't entirely clear.
        Moreover, the school - I assume - is the admission authority, and the school has done nothing wrong.
        If the LA that made the mistake had also been the admission authority for the school, it would be easier to raise the question of maladministration - but you're not appealing to the LA. You can only appeal to the admission authority.

4. Your reasons for wanting or needing a place at the school in question. (This will be critical if your case finishes up being compared with others, which would appear a distinct possibility.)
http://www.elevenplusexams.co.uk/appeal ... -school#c2
https://www.elevenplusexams.co.uk/appea ... school#c18


Here is my suggestion for point 3

      The School Admissions Code does give admission authorities the right to withdraw a place offered in error, but neither the current Code nor previous versions have been clear about what would be a reasonable period of time within which to withdraw such an offer.
      The one example given in the Codes refers to fraudulent applications only.

      In practice the best known precedents are:

            R v Beatrix Potter School (1997)
            A place was offered in error, and the LA withdrew it the same day. Parents appealed to the High Court on grounds of ‘legitimate expectation’ of a place. High Court refused the appeal (and the place) as the offer was withdrawn the same day.

            Ombudsman complaint 99/C/1876
            Five places were offered. LA withdrew them after three days.
            Ombudsman decided in this case the delay was too long, and amounted to maladminstration. Places confirmed.

      • In view of the fact that our place was not withdrawn until [number] days after the offer was made, we believe we had a reasonable and legitimate expectation of a place.
      • We know that the school was consulted by the LA about the withdrawal of the place, and was therefore a party to the decision. Ultimately, responsibility for deciding whether or not a place should be withdrawn lies with the school as the admission authority.
      • We would therefore respectfully ask the panel to consider, in accordance with paragraph 3.2 of the School Admission Appeals Code (2012), whether the admission arrangements in this case were lawful and correctly applied.


Thank you so much for giving me your time Etienne. That's really helpful. I am meeting the HT of my dd's primary school this evening to see if they can write a letter supporting her appeal to attend SGGS.

My paperwork is going to consist of the letter (containing the four parts as mentioned above), the original offer letter from my LA, the subsequent letters received from WCC withdrawing her offers and a letter from the HT. I can't think of anything else which supports her appeal so I assume that's it, unless anyone has any other suggestions.

Thanks again Etienne, your support is amazing.


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PostPosted: Wed Mar 21, 2018 2:04 pm 
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Quote:
Whilst 3.2 is of course relevant as it that what the Panel must consider that is not the end of it. The Panel then have to go on to apply 3.5 "Would they child have been offered a place had the admission arrangements been correctly and impartially applied".
Hi catcool

Good to hear from you.

At the moment we're just trying to help with a letter of appeal.

I can think of three reasons why a place wouldn't automatically be given at stage one, but I hesitate to include any points that might favour the AA!

It would be useful if we could get an acknowledgement that the admission arrangements were unlawful/incorrectly applied, but - even so - it would seem unlikely to be the end of proceedings.

Here_goes wrote:
That's really helpful. I am meeting the HT of my dd's primary school this evening to see if they can write a letter supporting her appeal to attend SGGS.
Good luck! It would help if they could be very specific in supporting your reasons for wanting a place at SGGS, and include the name of the grammar school - rather than provide a general letter which could be a recommendation for any grammar school.
If they express their shock at what has happened, that too would be useful.

_________________
Etienne


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PostPosted: Wed Mar 21, 2018 6:40 pm 
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Having been through a similar appeal I'd be happy to help in any way.

I'm so sorry your daughter found out that way. It's cruel. It's unnecessary and it's painful.

Even though our place was withdrawn after 4 months (which you'd think would be reason enough) we found that the school we wanted still needed a 'reason'. In the end, I feel it was arguing for 'that particular school' that enabled them to tick that box.

Other than academic reasons, discect the school's website etc and how it fits your child: clubs, GCSEs offered, pastoral care, facilities (anything you can align to current hobbies etc that others don't offer). E.g. if your daughter swims for a club do they have a pool? It may sound trivial, but you really need to find reasons why that particular school is right.

Good luck and pm me if you need anything. You're in great hands with the advice Etienne gives!


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PostPosted: Wed Mar 21, 2018 9:19 pm 
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I haven’t been active on the forum for a while but I was shocked at what’s happened this year in Warwickshire.

I have two daughters both at SGGS and please feel free to ask or pm me. I’m happy to help if you need any information on the school to support you.


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PostPosted: Thu Mar 22, 2018 4:54 pm 
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Location: surrey
Quote:
It would be useful if we could get an acknowledgement that the admission arrangements were unlawful/incorrectly applied, but - even so - it would seem unlikely to be the end of proceedings.


Why is the above information going to help . The fact places have been withdrawn demonstrates the wrong children were offered places and not correctly applied in the first place . It would only help those who should have been allocated places ,and were wrongly deprived of a place because of the error, not those who were given a place in error .

The appeal is against the refusal of a place at X school. It is not an appeal against the withdrawal of a place at x school.

The withdrawal of a place and the fall out to the child (despite how awful that is) is not relevant to the Stage One part of the appeal process . It will be relevant to Stage 2 in the balancing exercise, the Panel have to make .


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PostPosted: Thu Mar 29, 2018 1:38 pm 
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And I can breath a sigh of relief! We have been offered off of the waiting list this afternoon. Thank you amazing people of this forum, (especially Etienne!) you have been a great help this past two weeks. I might just get a good night's sleep tonight! :D


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PostPosted: Thu Mar 29, 2018 1:40 pm 
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Brilliant news - happy Easter!


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PostPosted: Thu Mar 29, 2018 1:43 pm 
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Good to hear! Enjoy the Easter break!


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PostPosted: Thu Mar 29, 2018 1:44 pm 
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Guest55 wrote:
Brilliant news - happy Easter!


It certainly is a happy Easter now! Thank you. Happy Easter to you too.


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