Bilingual child appeal Bucks

[Girl08]

Hello
I would like to to ask for your help and opinion Etienne and everyone

Our child missed the passing score by 2 points. We got lower score for VR but high score for Maths and NVR. We live in Bucks.
Both my husband and I are foreigners but our children were born here. We all speak our language at home all the time. We decided to go through Selection Review based on the fact that our child is bilingual which means extra time is needed to learn languages as it is two languages at the same time. VR scores reflect that. That was our extenuating circumstances.

School gave us 2 for academic and 1 for attitude. Predicted GDS for Maths and Reading by the end of year 6. Unfortunately no GDS in the past except for Spag in Y3 and baseline of Y5. No scores for Y4 because of school closures. In headteacher’s report in comments they wrote that they expected our child to be at GDS for Maths at the end of Y5 had we not been affected by school closures. In fact our child did score GDS in one of the assessment tests at the end of Y5. Don't know why school didn't put GDS in the table. School also noted that our child is bilingual in comments, saying that child’s achievements are even more impressive because of that. A supportive report over all.

In the past we did not realise how important GDS’s are, were we come from, we have marking system in points. We also don’t have such testing system as 11+. As foreigners we thought our child is doing just great being ‘working at’ level considering they are bilingual. We were able to help our child with Maths as that is something we can help with in our language and test scores reflect that.

Unfortunately we weren’t successful in SR, them saying they don’t think predicted GDS for VR is achievable as in line with school EXS reports. The same time they only looked at our child's VR score in isolation, no mention of high Maths and NVR scores. Moderation panel noted the additional language but they put it in funny way. We also feel that probably our letter wasn’t written in the best way, we didn’t have much help with it, kept it very simple and didn’t explain enough about bilingual situation and the way school provided us with learning material. We are not really able to help with English as we are foreigners and not native speakers. We only speak our mother tongue at home.

We do want to go through the IAP as we feel like SRP have not really understood what exactly it has meant to be bilingual in Covid time, that our child missed out of English environment for almost half a year because of lockdowns. Our school only gave us 3 school works a week, no homework at all. No live lessons, no live interaction with school except for less that hours zoom meeting a week where the children were muted for most of time. Basically, over all homeschooling time our child was speaking in our home country tongue, not being able to learn more complex English vocabulary, expressions, way of speaking.

Our child is a bright, self motivated and ambitious child, all English they know is because of self drive and aptitude. School has said they are a grammar school pupil and would do great there.

Can I please ask about the right way to go about it, what would be the best way to say that the process has not been fair, objective and consistent. What about the SR panel looking at VR scores only or the bilingual fact and not being in English environment for such a long period of time.

Please could you advise as to what other evidence could we get/ use to evidence our child's academic capability as we feel that the school's grades have not reflected her ability accurately?

What else could we do/prove?

When we start the appeal application, are we able to attach new evidence (hoping school will write us a support letter), does everyone go to the hearing and then the panel decides right there and then if SR has been FCO or do they decide it before inviting to hearing?

Do I let the panel know all arguments and points in the application form or only the summary and save the other points for the hearing (will we definitely get a hearing?) what is the best way?

We would appreciate any ideas, suggestions or recommendations.
Thank you very much!

[Etienne]

Welcome to Appeals!

Have you read our Guide to appealing for a Y7 Bucks GS place?
Some of your questions suggest that you may not have seen it.
https://www.elevenplusexams.co.uk/forum ... 12&t=63177" onclick="window.open(this.href);return false;

When we start the appeal application, are we able to attach new evidence (hoping school will write us a support letter)

Yes, and you should start collecting your evidence, but unfortunately it will only be considered if it is first established that the review was not FCO ('fair, consistent and objective').

does everyone go to the hearing and then the panel decides right there and then if SR has been FCO or do they decide it before inviting to hearing?

We haven't yet been told how the appeals will be organised in view of covid, but if you are invited to a hearing (in person or by video link), nothing is decided in advance of the hearing. There are three parts to your case (FCO, academic ability, reasons for wanting or needing a place), and at an appeal hearing the panel would consider all three parts. We explain this in A9 of our guide to appealing for a Y7 Bucks GS place.

what would be the best way to say that the process has not been fair, objective and consistent. What about the SR panel looking at VR scores only or the bilingual fact and not being in English environment for such a long period of time.

You do need to distinguish between process and judgement. D2(ii) of our Guide.
If the panel took the view that bi-lingual children have not been disadvantaged when they have been born and brought up in this country, have English-speaking friends, watch British television, etc., it's a judgement they are entitled to make even if we might disagree with them. It's not a fault with the process.

Being disadvantaged by speaking two languages is an argument you can try making again with the second part of your case (academic ability/extenuating circumstances), but it won't help with FCO.

What you could do for FCO is question how it is possible for the process to deal fairly with extenuating circumstances. See D4(iii) of our Guide.

Please could you advise as to what other evidence could we get/ use to evidence our child's academic capability

D5 of the Guide.

Moderation panel noted the additional language but they put it in funny way

Would you like to send me the clerk's notes so that I can see exactly what was said?

[Girl08]

[quote="Etienne"]Welcome to Appeals!
Thank you!
I’ve read it just wanted to make sure as the information on the councils website is confusing at some points. Thank you very much for your replies!
I have sent you the report. We appreciate your help very much!

[Girl08]

Hello Etienne

Hope you have received our SR report ok. What are you thoughts on it?

Can I also please ask if there are any guidelines, codes of conduct or similar for both, SR Panel and then again for Moderation Panel? Or do they follow School Appeals Code as they mention in their letter? How can I be sure of their decision being made in FCO way?

Based on what rules there is a panel of 3 headteachers and clerk only, because Appeals code says there needs to be a panel that has a lay person too.

Is there a different guide for SR Panel, where can I find one? I have tried to find these rules/guidelines/code for SR Panel and Moderation Panel but had no luck. All I found is Admissions Appeals Code.

What guidelines and criteria the panel needs to follow when judging bilingual children in general and now especially with the impact of Covid?

Many thanks

[Etienne]

Hope you have received our SR report ok. What are you thoughts on it?

The final sentence from the Moderators is commonly used, and I take it to mean they made an allowance for the extenuating circumstances - EAL (English as an additional language).
It does beg the question: how were they able to do this in a way that was FCO? See point (2) below.

The main argument from the SRP for rejecting the review appears to be the "low verbal score".
(1) From the point of view of FCO, I would challenge this. The importance of VR is already taken into account by the high weighting it is given in the test - but the testing process does not go so far as to say that candidates must achieve a qualifying score in VR as well as an overall score of 121.
If the SRP required a minimum qualifying score for VR on its own, what was it, how was it determined, and is there any evidence that it was applied consistently to all reviews?

(2) They say they took into account EAL and the impact of covid. As I've said before, you cannot challenge that judgement. What you could do is question how it is possible for the process to deal fairly and consistently with your extenuating circumstances. See D4(iii) of our Guide.

Can I also please ask if there are any guidelines, codes of conduct or similar for both, SR Panel and then again for Moderation Panel? Or do they follow School Appeals Code as they mention in their letter?

They do not follow the Appeals Code. They are not required to. For reviews there is no equivalent to the Appeals Code.
I'm not sure what letter you're referring to, but I can't believe it says they follow the Appeals Code. Could you quote the exact wording here?

What guidelines and criteria the panel needs to follow when judging bilingual children in general and now especially with the impact of Covid?

There aren't any, but the SRP must be fair, consistent and objective. I've explained how to deal with this with regard to FCO - see point (2) above.

[Girl08]

Dear Etienne
I’d like to say a huge thank you to you! Your suggestion for FCO are very, very helpful and we do appreciate it!

The letter I’m referring to is Selection Review-record of the decision.
I understood from this letter that: "The Selection Review Panels were set up by The Buckinghamshire Grammar Schools...It meets the requirements of
the School Admissions Code." - so, I concluded that, based on the School Admissions Code (which states that they have to- in turn - follow the requirements of the Appeals Code; and - since there are no specific standards set out for the Selection Review or Moderation) - that, by default they would have to follow/ replicate/ act in accordance with / mirror the criteria that is set out for the Appeals Panel in the Admissions Appeals Code, since, essentially- Selection Reviews Panel fulfils the function of Appeals Panels, but without any requirements to follow any standards, it seems.

Because, by contrast, the Appeals Panel has to abide by strict rules and it has to have a lay person on their panel, for example, also, they have to explain how everyone on the panel voted, plus they need to provide an accurate proceeding's record- whereas Selection Review, it appears, has been given a free reign if they don't follow the same standards as per the Appeals Code, in my opinion.

Would it be viable to use the above as another argument against the fairness of the process, as a whole?

[Etienne]

"The Selection Review Panels were set up by The Buckinghamshire Grammar Schools...It meets the requirements of
the School Admissions Code."

When I re-read the preceding sentence ("Panels consider the written cases of children not qualified ....."), it isn't entirely clear what the "it" is referring back to!
My guess is that "It meets the requirements of the School Admissions Code" means "This procedure doesn't do anything that isn't permitted by the Admissions Code."
As far as I can remember, selection review panels aren't even mentioned in the Admissions Code.
There is a brief mention of a "local review" in the Appeals Code, and we quote the important bit in section D of the guide.

- so, I concluded that, based on the School Admissions Code (which states that they have to- in turn - follow the requirements of the Appeals Code; and - since there are no specific standards set out for the Selection Review or Moderation) - that, by default they would have to follow/ replicate/ act in accordance with / mirror the criteria that is set out for the Appeals Panel in the Admissions Appeals Code

By default?
A huge assumption - and wrong.

Would it be viable to use the above as another argument against the fairness of the process, as a whole?

I fear you will get nowhere if you try attacking the process as a whole.
If we thought this a viable argument, it would already be in our guide.
The Appeals Code says "the [appeal] panel must only consider whether each child’s review was carried out in a fair, consistent and objective way." The appeal panel, therefore, will not take a view about the process as a whole. It will only look at specific aspects of your case, such as the ones I've highlighted in points (1) and (2) of my previous post.

I do think you would do better to focus on section D of the guide.
The success rate for appeals following an unsuccessful review is already very low. If you start introducing arguments that do not stand up to scrutiny, it will be a distraction from what matters, and won't help your case.

There are three major hurdles to overcome, and FCO is just the start:
• FCO
• Academic ability
• Good reasons for needing a place at the school in question

[Girl08]

Thank you so much Etienne for your reply! It all is very helpful!

You asked about the sentence - it is the sentence before the one about the School Admissions was:

"The Selection Review Panels were set up by The Buckinghamshire Grammar Schools.
Panels consider the written cases of children not qualified after taking the Secondary Transfer
Test, whose parents feel their child is suitable for a grammar school. "It meets the requirements of
the School Admissions Code ."

I understood that the sentence about the Admissions Code tells us that the Selection Review Panel follows Admissions Code requirements.

But then, and you said it too, that there is nothing about Selection Review in the Admissions Code, and then you say - it is your guess (isn't that unfair that it is so unclear that we have to guess?):

My guess is that "It meets the requirements of the School Admissions Code" means "This procedure doesn't do anything that isn't permitted by the Admissions Code."
As far as I can remember, selection review panels aren't even mentioned in the Admissions Code.

I hope you understand what I mean!

And thank you very much, again! I am doing exactly as you suggest and going through all the points in section D.

[Etienne]

isn't that unfair ...... ?

Not in terms of FCO.
I hope you're not contemplating another general argument?
Focus on .....

• • The Appeals Code says "the [appeal] panel must only consider whether each child’s review was carried out in a fair, consistent and objective way." The appeal panel, therefore, will not take a view about the process as a whole. It will only look at specific aspects of your case, such as the ones I've highlighted in points (1) and (2) of my previous post.

[Girl08]

No, we are not contemplating another general argument.

In the country where we come from there is no such systems like this.

It's just very confusing to us how things like SR can be decided without having any codes or guidelines in place.

However, you have been very helpful and we will focus on the points you've suggested.

Many, many thanks Etienne