Appeal outcome - non-qualification not explicitly addressed

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MrGrimes
Posts: 39
Joined: Fri Oct 16, 2015 8:48 am

Appeal outcome - non-qualification not explicitly addressed

Post by MrGrimes »

I'm looking for some advice on how an appeal panel should consider an appeal and justify its outcome.

DC was approx 8 marks off the selective score and the school is heavily oversubscribed. The academic evidence I presented was strong and the primary headteacher gave a letter of support saying the same. In particular, DC underperformed on the VR section of the paper which is the area they are normally strongest in.

My specific question is this:

I knew I'd be unlikely to overcome the over subscription aspect of the appeal. DC has other siblings at the school and so I know the school is already at capacity with classes full (30+ in a class). However, I asked the appeal panel (rightly or wrongly, as I'm not sure what is possible) to consider that DC should have qualified in the paper had they not underperformed and be allowed onto the waiting list.

The appeal outcome says:

Based on the information presented to it, the panel considered that the reasons you gave were not sufficient to justify overturning the decision not to admit your child to **** Grammar School because compliance with your preference would be incompatible with the operation of its arrangements for the selection of pupils by reference to ability or aptitude.

I was expecting something more specific around non-qualification and then over-subscription. Ie. Should they have been addressed separately?

I'm not very well versed in the appeals process and maybe I've misunderstood the faqs and previous posts I've been scouring, but I always believed that these 2 areas should be looked at in isolation, even though the end result may be the same.

Any advice please?
hermanmunster
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Location: The Seaside

Re: Appeal outcome - non-qualification not explicitly addres

Post by hermanmunster »

I am so sorry to hear that the appeal was unsuccessful, I am sure that Etienne will be able to comment further, but my understanding is that you effectively have to clear the first hurdle (ie the non qualification) first before they will consider the oversubscription - it sounds to me from what they wrote that they did not consider that the appeal could be successful on non-qualification grounds.
MrGrimes wrote:Based on the information presented to it, the panel considered that the reasons you gave were not sufficient to justify overturning the decision not to admit your child to **** Grammar School because compliance with your preference would be incompatible with the operation of its arrangements for the selection of pupils by reference to ability or aptitude.
MrGrimes
Posts: 39
Joined: Fri Oct 16, 2015 8:48 am

Re: Appeal outcome - non-qualification not explicitly addres

Post by MrGrimes »

Thank you for taking the time to reply.

* The letter laid out the schools position in terms of being selective and requiring a certain score to be deemed qualified.
*It laid out the reasons why admitting additional pupils would not be possible because of capacity constraints.
*It also said that a headteachers review was possible but was not asked for by DCs headteacher.

The letter did state what I had said about DC being strong in English and had always achieved well at primary school. I was expecting something more explicit on why this evidence was not sufficient.

To me it feels like they've just conflated all of the arguments together in coming to a conclusion. I guess I was expecting something more specific on why the arguments made on non-qualification were not strong enough to overcome the non-qualification aspect, but honestly I don't know whether that was a requirement on them.

I always knew that an appeal was a long shot, so I'm not surprised at the outcome. I'm just disappointed that (it feels like at least) they haven't addressed the academic side of the appeal, and simply concluded with a single paragraph, which leaves me in the dark on whether non-qualification was looked at, or simply that over-subscription made it a moot point.
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Appeal outcome - non-qualification not explicitly addres

Post by Etienne »

Welcome to Appeals, and I'm very sorry to hear about the outcome you've had.

As Herman has confirmed, stage two of a grammar school appeal consists of two completely separate parts - (a) whether the panel deems child to be academically suitable, and (b) if so, whether or not the parent's reasons for wanting a place outweigh the prejudice to the school.
    • 3.13 ...... the panel must only uphold the appeal if it is satisfied:
      i) that there is evidence to demonstrate that the child is of the required academic standards, for example, school reports giving Year 5/Year 6 SAT results or a letter of support from their current or previous school clearly indicating why the child is considered to be of grammar school ability; and
      ii) where applicable, that the appellant’s arguments outweigh the admission authority’s case that admission of additional children would cause prejudice.

      [Appeals Code]
I doubt anyone ever gets the criteria for what would be deemed 'sufficient' evidence of academic ability, but I think there could have been something in broad terms such as "The panel noted your child didn't quite reach GDS in one core subject, and felt that the academic evidence as a whole wasn't quite strong enough, even allowing for the extenuating circumstances, to justify overturning the admission authority's decision." (Just an example - not a comment on this case!)

You should have been given some reason for the panel's decision that you could understand (even if you disagree).
Section 2.25 of the Appeals Code is mandatory:
    • 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. It must also give clear reasons for the panel’s decision, including how, and why, any issues of fact or law were decided by the panel during the hearing.
From what you have reported, it does not seem clear on what basis your son's academic suitability was decided.
However, what really matters is what is in the clerk's notes.

I would suggest asking for a copy of the clerk's notes. (They might try to resist, but you are likely to get them in the end.)
The clerk's notes carry much more weight than a decision letter as they are the official record of the hearing.
You will find a template in D4(b):
https://www.elevenplusexams.co.uk/appeals/ombudsman#d4" onclick="window.open(this.href);return false;
MrGrimes wrote:I asked the appeal panel (rightly or wrongly, as I'm not sure what is possible) to consider that DC should have qualified in the paper had they not underperformed and be allowed onto the waiting list.
It was not unreasonable to ask. If the panel had actually deemed your son to be qualified, I can see no justifiable reason why he would not then have been eligible for the waiting list.
Etienne
MrGrimes
Posts: 39
Joined: Fri Oct 16, 2015 8:48 am

Re: Appeal outcome - non-qualification not explicitly addres

Post by MrGrimes »

Thank you for this Etienne. I will request the clerk's notes - do you know if I can send this in reply to the decision email from the council? It came from:

School Appeals and Administration Manager

Or is there a more formal way to make a SAR?

EDIT - I did send it in reply, so hopefully they'll forward on to the relevant department if necessary.

I'm not sure if you are able, but if I sent you the decision letter privately, would you be able to have a quick read and tell me if in your opinion it is sufficiently lacking in detail on the reasons for refusal? I've read it about 20 times but not sure if I'm perhaps expecting too much.

Thank you.
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Appeal outcome - non-qualification not explicitly addres

Post by Etienne »

MrGrimes wrote:I did send it in reply, so hopefully they'll forward on to the relevant department if necessary.
It shouldn't be a problem.
would you be able to have a quick read and tell me if in your opinion it is sufficiently lacking in detail on the reasons for refusal?
It's possible, but let's wait and see what light, if any, the clerk's notes shed on this.
Etienne
MrGrimes
Posts: 39
Joined: Fri Oct 16, 2015 8:48 am

Re: Appeal outcome - non-qualification not explicitly addres

Post by MrGrimes »

I received the clerk's notes and it says the following re the decision:
Panel refused the appeal. Panel noted xxxxx's score of yyy, there were 607 other pupils with a similar score or more. <LA's> 11+ is a competitive test and the performance during the test is the key indicator. The panel noted the support letter from the school but it did not outweigh the prejudice to the school.
Should they have addressed non-qualification separately from the question of prejudice to the school?
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Appeal outcome - non-qualification not explicitly addres

Post by Etienne »

MrGrimes wrote:I received the clerk's notes and it says the following re the decision:
Panel refused the appeal. Panel noted xxxxx's score of yyy, there were 607 other pupils with a similar score or more. <LA's> 11+ is a competitive test and the performance during the test is the key indicator. The panel noted the support letter from the school but it did not outweigh the prejudice to the school.
Should they have addressed non-qualification separately from the question of prejudice to the school?
I think so - as set out in parts (i) and (ii) below:
    • 3.13 ...... the panel must only uphold the appeal if it is satisfied:
      i) that there is evidence to demonstrate that the child is of the required academic standards, for example, school reports giving Year 5/Year 6 SAT results or a letter of support from their current or previous school clearly indicating why the child is considered to be of grammar school ability; and
      ii) where applicable, that the appellant’s arguments outweigh the admission authority’s case that admission of additional children would cause prejudice.

      [Appeals Code]
Etienne
MrGrimes
Posts: 39
Joined: Fri Oct 16, 2015 8:48 am

Re: Appeal outcome - non-qualification not explicitly addres

Post by MrGrimes »

Thanks Etienne. Where do I go from here please?
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Appeal outcome - non-qualification not explicitly addres

Post by Etienne »

MrGrimes wrote:Thanks Etienne. Where do I go from here please?
It would be worth seeing what view the ombudsman (or ESFA, if it's an academy) take of this.

There is no guarantee of a successful outcome, though.
On the whole, in my opinion, the ombudsman's decisions seem to be fair.
I have had less confidence in some of the ESFA's decisions.

Study our advice on how to make a complaint:
https://www.elevenplusexams.co.uk/appeals/ombudsman" onclick="window.open(this.href);return false;

The basis of the complaint would be firstly a breach of 2.25 of the Appeals Code because it was not clear to you from the decision letter on what basis your son's academic suitability was decided.

Secondly, from the clerk's notes, it does not appear that the panel have followed what is in effect the two part process set out in para. 3.13a (i) & (ii) of the Appeals Code. In the first part they should have taken a clear decision on whether or not the alternative academic evidence demonstrated that "the child is of the required academic standards". Instead they seem to have dismissed any alternative academic evidence on the basis that "performance during the test is the key indicator", and balanced the headteacher's letter of support against the prejudice to the school.

(I'm assuming that the headteacher's letter of support is part of your academic case.)
Etienne
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