Appeal experience

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Grumpy!
Posts: 73
Joined: Fri May 02, 2008 2:45 pm
Location: Wirral

Post by Grumpy! »

Thanks Etienne, I have contacted my MP too, and now both he and the ombudsman will be looking in to the matter. I don't expect answers any time soon, but I have confirmation from them that they are taking the issue raised seriously, in writing, so at I hope that at least it will get sorted for those in a similar position next year - or rather so that no one else ends up in such an unfair situation!
Grumpy!
Posts: 73
Joined: Fri May 02, 2008 2:45 pm
Location: Wirral

Post by Grumpy! »

Wow, Ombudsman is working to resolve fast! There are a number of other complaints from wirral parents, and they are considering tackling together as it is the same issue. Very nice lady from Ombudsman's office talked through the whole 'affair' and agrees that it would appear there were 'evident flaws in the process'. Fingers crossed that she can resolve this for everybody. Feeling a lot less Grumpy!
worriedmum
Posts: 20
Joined: Tue Mar 25, 2008 3:20 pm

Post by worriedmum »

Hi Grumpy

I am helping a friend whose appeal was not upheld. Can you tell me do you have to fill out forms for the Ombudsman or contact them by phone?


Goodluck with your appeal.

worriedmum
Grumpy!
Posts: 73
Joined: Fri May 02, 2008 2:45 pm
Location: Wirral

Post by Grumpy! »

Hi worried mum

The LGO (Local Gov Omb) has an advice line 0845 602 1983. You can talk to someone and they will let you know if they think you may have grounds for a complaint and allocate an investigator. It has taken three weeks of waiting for me to receive a phone call from the investigator, but they must be swamped at this time of year. Both the advice line and the ombudsman seem very positive and helpful, you've nothing to lose by phoning, so good luck.
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

The statement that there would appear to have been 'evident flaws in the process' sounds quite promising, Grumpy. Well done for pursuing this!

The process is quite slow because they have to give the admission authority the opportunity to comment on the complaint, and the authority is usually allowed three weeks in which to respond.

The authority may come up with some points which the ombudsman then wishes to refer to you for your comments.

You may also be given a couple of weeks in which to submit any last points before the ombudsman makes a final decision.
Etienne
Grumpy!
Posts: 73
Joined: Fri May 02, 2008 2:45 pm
Location: Wirral

Post by Grumpy! »

Thanks Etienne - it's easy to get carried away with a small piece of good news! Part of me wishes that I hadn't contacted the ombudsman, as now I've got my hopes back up. I was resigned to my son going to the local school, but I know that if I hadn't taken any action I would have always felt I didn't try everything. I feel as if I 'haunt' this forum, feeding off everyone's experiences, but there is so much support here for parents it really does help and it's always a lift to hear that people do succeed sometimes.
Grumpy!
Posts: 73
Joined: Fri May 02, 2008 2:45 pm
Location: Wirral

Post by Grumpy! »

This is a long drawn out process! Have received formal notification from Ombudsman today that she has written to the council, asking them many detailed questions. Information new to me, is that the panel were only told just at the start of the appeals that they could not overturn the Independent Review Board!

Quote from letter
[It seems to me that complainants mounted their arguments based on the common understanding of what the panel can consider. For them to be told at the 11th hour that the panel's remit had altered seems grossly unfair.]

At least that makes me feel less stupid!!! Apparantly another school in Wirral in similar positition is likely to be asked to re-run all appeal hearings.

Doesn't sound as if this is likely to be sorted soon, and of course my appeal could still be unsuccessful even if they re-run it. My son is due to attend familiarisation day at currently allocated school, he doesn't know any chance of attending the GS, I have still said nothing to him, but how long do I leave it??!![/quote]
Katie
Posts: 229
Joined: Sat Jun 30, 2007 10:25 am

Post by Katie »

Hi all,

After our unsuccessful appeal last year, I realised that our situation (in Torbay) seemed almost unique. The process in Devon is very different to that used elsewhere.
Reading you posts today I was sorry to see that Grumpy has in fact been subjected to the same unfortunate start as us.....a private review which we had no knowledge of.......pre-appeal decisions made by a committee of two (foundation school).
We did however get an invitation to apply for a "review meeting" prior to launching any formal appeal.
These meetings are offered buy this school with the sole purpose of dissuading parents from appealing officially.
At the review meeting we were told quite categorically that our official appeal would fail.
We challenged this statement - and the school backed off saying that of course we could appeal if we wished to do so but that it was a terribly difficult process.
After the review meeting and the shocking advice we had been given, I called the school to check the facts as they had been presented with their Admissions Governor. She once again told me that our appeal would definitely fail.
Ignorant and undeterred - we appealed and failed as we had been advised we would. We then found out through F.O.A. that no child's appeal had ever been upheld in almost a decade since the school had been managing it's own "independent appeals".
Our complaint to Jerry White the Ombudsman about the vast number of breaches of the codes of practice in our appeal came to nothing. We were not able to access a truly independent appeal panel nor a fresh appeal hearing.
It seems astonishing that this practice is allowed to continue and that children and families can be subjected to this appalling treatment.

I wish you the very best of luck, but wouldn't bank on the Ombudsman - if you decide to complain. Our experience bordered on farcical. Had it not had such serious repercussions we would describe it as laughable.

Our happy ending however came a year on with 12+ success. Don't give up!
Grumpy!
Posts: 73
Joined: Fri May 02, 2008 2:45 pm
Location: Wirral

Post by Grumpy! »

That sounds awful, Katie, but I'm glad it worked out for you 12+. I think that if things are not sorted soon, I shall just try and put it all behind us, I don't think I could stand all the uncertainty for my son of another test, then the wait for results and then a change in school. We are lucky in that the local school is a good one, and I just want the ombudsman to sort out for next year.

The letter that we had last week, about 7 pages of queries for the council about how badly they had run things made me feel better about how we handled my son's appeal, but frustrated about how long it takes to work things out. I do feel the ombudsman is on my side and that it is worth getting them involved - our ombudsman is a lady, so not the same as the one you had thank goodness!
Katie
Posts: 229
Joined: Sat Jun 30, 2007 10:25 am

Post by Katie »

Hi again,

I can fully understand that anyone would be put off by the prosepct of this process, but you do as you say have Ombudsman support which is invaluable.

We also had brilliant support from our MP but this did not have a positive impact on any part of the complaint, not even at LEA level.

The choice of shcool for our DS was not an option. The LEA offered a school which involves two hours minimum travelling each day and was just not ever going to be an option. This school is regularly wheeled out on national TV in teenaged pregnancy documentaries, and indeed was featured on BBC news once again only yesterday. With not other option open to us - we increased our working hours (lucky that we had that option) and paid for private school. Long term this would have proven very difficult.(hence 12+)

If you have a good local school - I can clearly see that you may prefer not to disrupt your child's education once settled in.

Very good luck to you - whichever route you decide to take.

:)
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