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PostPosted: Sun Mar 18, 2018 11:46 pm 
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Joined: Wed Mar 14, 2018 11:47 pm
Posts: 16
Hi both, here_ goes and Etienne.
We have received identical letters regarding our place being withdrawn. We have been verbally offered our second choice school (still awaiting in writing).
I wondered if I could also obtain your guidance for when we lodge our appeal, I don’t wish to overburden you but hopefully our cases are reasonably similar. The difference being we are within area, and now fall below the AQS because of an adjustment made following the initial error. We are now a cat 5 instead of previously being a cat 3.
I appreciate all the help and time you are giving to this


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PostPosted: Mon Mar 19, 2018 12:00 am 
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Hi Andypandy

Yes, very happy to help you too as you are in a similar situation.

Let's keep this new thread for your own appeal.

I suggest you use the 4 part case I outlined for Here_goes, adapting it where appropriate for your own circumstances.

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Etienne


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PostPosted: Mon Mar 19, 2018 12:04 am 
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Thank you - I have been informed that a further letter will be received this week so will see what more information will be provided


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PostPosted: Mon Mar 19, 2018 11:27 am 
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[deleted]

This thread was created specifically to deal with Andypandy's case.

If you have questions of your own, you can ask on the general discussion thread:
viewtopic.php?f=35&t=54036&p=663206#p663206

Moderator


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PostPosted: Mon Mar 19, 2018 12:11 pm 
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Frustrated18,

This thread is for AndyPandy's appeal only - it may be worth starting your own thread, as discussions on this one should purely be about AndyPandy's case.

KCG


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PostPosted: Mon Mar 19, 2018 12:16 pm 
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Apologies- was asking Andypandy if we could combine threads as v similar cases.


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PostPosted: Mon Mar 19, 2018 2:41 pm 
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Joined: Mon May 16, 2011 2:05 pm
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Location: Reading
We prefer to keep appeals threads separate, even if they may be very similar.


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PostPosted: Wed Mar 21, 2018 2:54 am 
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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.

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Etienne


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