Abraham's Appeals . . .
Posted: Sat May 25, 2019 11:35 am
Firstly, thank you to everyone who gives such valuable advice on this forum - it is so much appreciated, and I'm pretty sure I have read everything on here (though probably not retained it all, more's the pity!) I have put off asking for help so far because I feel I have already infuriated the authorities enough just trying to gather all the info for my appeals (and yes, for those of you who have wondered, they really do 'stalk' these forums - or at least some of them do anyway . . .) Anyway, I'm going to try and keep it together and stick to the bare essentials.
My DC did not qualify (borderline) so we are appealing on non-qualification and over-subscription. We are in catchment(and the in catchment places were not all filled on offer day) so DC would definitely have got a place had they passed. We have had one appeal (not upheld) and one to go. My question is with regards to the decision making process - it seems, from the SAAC, that the panel should first have decided on the 'non-qualification' issue before proceeding to 'prejudice' (presumably, if they thought the alternative academic evidence was not 'sufficient', they would not even need to consider 'prejudice' as the appeal would be dismissed at that point?) However, the decision letter does not give a clear decision on this - it simply says they had to consider whether there was 'sufficient' academic evidence, lists a few things that were covered in the appeal, and then goes on to say that the appeal was dismissed on the grounds of 'prejudice'. Am I right in thinking that the letter should also have told me what they had decided on the 'non-qualification' issue first? At the moment, DC cannot go on a waiting list due to non-qualification but I had thought that (if the IAP had found in DC's favour on non-qualification, but not on prejudice,) we would maybe have a case to ask for DC to join waiting list? This would then just put DC in the same position as the qualified appellants whose appeals had been dismissed on 'prejudice' alone. Is there any precedence for this?
Second question is with regards to the hearings. There were a number of issues to do with the first IAP which I felt were in breach of the code, so I have put in a complaint to ESFA. ESFA are currently investigating. When the paperwork came through for the second appeal, it was the same clerk as the first (I realise this is not uncommon). However, is there any guidance on asking for a different clerk to be appointed, given that the clerk will be responding to ESFA complaint on our first appeal at the same time as clerking for our second? The panel itself is different.
Finally, the school's case for the second appeal has also been sent to us. School has made very detailed response to our appeal and made some quite extreme statements about DC not being suitable for the school on the basis of entrance test result alone (this is not a standard appeal statement, and very different to the first school/appeal (who made the point that they were not objecting to the admission of any particular child, but were just over-subscribed) - it's very personalised). Funny thing is they have responded to almost every aspect of our 'grounds for appeal' (except the most inconvenient ones for them, of course!), but have not responded at all to the perfectly text book (under 3.13 of the SAAC) suite of alternative academic evidence that DC's primary have provided. Some of the things they have quoted as fact in their response are not even accurate - I'm prepared to argue my case at the appeal, and am not afraid to do this. However, the points are all mixed in together with more general arguments that relate to the issues of maladministration I have raised. I have learnt from the first appeal that if I don't challenge the school at Stage 1 (in the group) then there is no point in challenging them in Stage 2 (individual) - as, by that point, the panel have already then decided that everything is all above board in terms of the SAC being properly followed. What should I do about this? I don't want to go into all the specifics of our case in the group hearing (and the other parent's will hate me for it if I do, I'm sure!) but, if I don't do this, the panel will take the school's case as is once they progress to Stage 2 (this is what happened last time). This also seems a bit unfair, as you have to submit all your info first (so the school gets a chance to see this, and then respond to it in theirs) but you can't respond to anything the school says until the appeal itself. They have basically skipped to the 'Stage 2' bit of challenging my arguments, in advance of the hearing. Will I just have to grit my teeth and air all our dirty linen in public, as they say, or is there a way round this?
Huge apols. for the long winded questions! Hoping someone will take pity on me and help - all this stuff is literally driving me round the bend
My DC did not qualify (borderline) so we are appealing on non-qualification and over-subscription. We are in catchment(and the in catchment places were not all filled on offer day) so DC would definitely have got a place had they passed. We have had one appeal (not upheld) and one to go. My question is with regards to the decision making process - it seems, from the SAAC, that the panel should first have decided on the 'non-qualification' issue before proceeding to 'prejudice' (presumably, if they thought the alternative academic evidence was not 'sufficient', they would not even need to consider 'prejudice' as the appeal would be dismissed at that point?) However, the decision letter does not give a clear decision on this - it simply says they had to consider whether there was 'sufficient' academic evidence, lists a few things that were covered in the appeal, and then goes on to say that the appeal was dismissed on the grounds of 'prejudice'. Am I right in thinking that the letter should also have told me what they had decided on the 'non-qualification' issue first? At the moment, DC cannot go on a waiting list due to non-qualification but I had thought that (if the IAP had found in DC's favour on non-qualification, but not on prejudice,) we would maybe have a case to ask for DC to join waiting list? This would then just put DC in the same position as the qualified appellants whose appeals had been dismissed on 'prejudice' alone. Is there any precedence for this?
Second question is with regards to the hearings. There were a number of issues to do with the first IAP which I felt were in breach of the code, so I have put in a complaint to ESFA. ESFA are currently investigating. When the paperwork came through for the second appeal, it was the same clerk as the first (I realise this is not uncommon). However, is there any guidance on asking for a different clerk to be appointed, given that the clerk will be responding to ESFA complaint on our first appeal at the same time as clerking for our second? The panel itself is different.
Finally, the school's case for the second appeal has also been sent to us. School has made very detailed response to our appeal and made some quite extreme statements about DC not being suitable for the school on the basis of entrance test result alone (this is not a standard appeal statement, and very different to the first school/appeal (who made the point that they were not objecting to the admission of any particular child, but were just over-subscribed) - it's very personalised). Funny thing is they have responded to almost every aspect of our 'grounds for appeal' (except the most inconvenient ones for them, of course!), but have not responded at all to the perfectly text book (under 3.13 of the SAAC) suite of alternative academic evidence that DC's primary have provided. Some of the things they have quoted as fact in their response are not even accurate - I'm prepared to argue my case at the appeal, and am not afraid to do this. However, the points are all mixed in together with more general arguments that relate to the issues of maladministration I have raised. I have learnt from the first appeal that if I don't challenge the school at Stage 1 (in the group) then there is no point in challenging them in Stage 2 (individual) - as, by that point, the panel have already then decided that everything is all above board in terms of the SAC being properly followed. What should I do about this? I don't want to go into all the specifics of our case in the group hearing (and the other parent's will hate me for it if I do, I'm sure!) but, if I don't do this, the panel will take the school's case as is once they progress to Stage 2 (this is what happened last time). This also seems a bit unfair, as you have to submit all your info first (so the school gets a chance to see this, and then respond to it in theirs) but you can't respond to anything the school says until the appeal itself. They have basically skipped to the 'Stage 2' bit of challenging my arguments, in advance of the hearing. Will I just have to grit my teeth and air all our dirty linen in public, as they say, or is there a way round this?
Huge apols. for the long winded questions! Hoping someone will take pity on me and help - all this stuff is literally driving me round the bend