Any Parent used the ombudsman and been successful????

[Etienne]

When I Phoned to find out if i could obtain the clerks notes i was told NO.

Well done for trying. It is possible for them to refuse the notes under certain circumstances, but it depends what legal reasons they have.

The person who i was talking to said that i was not sucessful in my appeal because my DD did not achieve the pass mark( missed by 13 marks).

What nonsense!

I did briefly explain my Extenguating Circumstances so the lady then said then i would need to prove my DD academic ability. (but i did, sent in school letter to say she is prdicted Level 5 in SATs showed school exam report results over 80%. was this not goo enough? Also showed letter to say that she passed school entrance exam, but the LEA said that the school did not mention anything about the Entrance exam except that she is offered a place.

Unfortunately you're saying you thought you had a good case, and they seem to be saying it wasn't good enough.

I'm afraid you cannot complain because, essentially, you're unhappy with the decision. There has to be evidence that something was done incorrectly.

For example, do the clerk's notes show that the panel considered your case properly? Did they give reasons for not accepting it?
Now, I know you tried to get the clerk's notes, so I would suggest seeing if you can complain to the ombudsman about something else, because he can get hold of the clerk's notes, and will check whether everything was done properly.

The sort of things you might like to think about are:

Did the chair, in his introduction, explain to you what issues were going to be considered? (According to the Code of Practice, he must do this.)
Possible issues would have been academic evidence that your child is of grammar school standard, extenuating circumstances, whether the admission of an extra child would cause prejudice to the school (and whether the parental reasons for wanting a place would outweigh that prejudice).

If prejudice was an issue, did the LA put forward a case for oversubscription/prejudice in the appeal papers you received a week or so before the hearing? And did the chair explain the "two-stage process" used when considering prejudice?

Did the LA officer present his case clearly, in a way that you could understand, without using jargon?
Did he introduce any documents that you had not had the opportunity to study beforehand?

If any of these procedures were faulty, you could complain to the ombudsman about them, and add that you would like reassurance that your arguments were carefully considered by the panel, and to know what reasons each panel member had for refusing the appeal, but your LA refused access to the clerk's notes.

Hope this helps.

[capers123]

DD did not achieve the pass mark( missed by 13 marks) ...
i would need to prove my DD academic ability. (but i did, sent in school letter to say she is prdicted Level 5 in SATs showed school exam report results over 80%. was this not goo enough? Also showed letter to say that she passed school entrance exam, but the LEA said that the school did not mention anything about the Entrance exam except that she is offered a place.

It's sounds to me like quite standard extenuating circumstances. I'd be quite sympathetic if you came to one of my hearings. However, I couldn't, in all honesty, say that you would win the appeal; I'm not saying you wouldn't either. It would depend entirely on the strength of the other appeals, which you are not privy to.

Say (a simple example) that there were 4 appeals being heard, and that we decided that we could allow two of them - otherwise the school would have to rebuild 6 classrooms to make enough space. One child's parent died a week before the exam, and they got the same exam score as your DD, and the same SATs results & school exam report results - they had a better reason for not passing the exam than your DD. A second child had the same SAT's, but had better school reports, and a stunningly glowing reference from both teacher & head of current school. The third didn't do quite as well as you daughter, but broke their leg 4 months before hand and 'it still gives the occassional twinge'. We'd probably allow the two appeals, and sadly turn down yours & leggie.

The problem with the LEA guy sitting outside the room and you elsewhere is as it should be - there should be two separate waiting areas - you may wish to consult privately before the appeal (with a partner or (heavens forbid) private consultant) out of earshot of the LEA chap. Does sound as if the LEA chap was a bit grumpy, though.

[mum2007]

Dear Etienne


For example, do the clerk's notes show that the panel considered your case properly? Did they give reasons for not accepting it? I am waiting for the decision letter to see what it says.

Did the chair, in his introduction, explain to you what issues were going to be considered? (According to the Code of Practice, he must do this.) All the chairman did was introduce the panel members, LEA Rep, and That first LEA Rep will put his case forward then the panel members and me can ask questions.Then he said i will put my case forward but all panel members have my papers in hand unless i want to add anything to my appeal letter.

Possible issues would have been academic evidence that your child is of grammar school standard, extenuating circumstances, whether the admission of an extra child would cause prejudice to the school (and whether the parental reasons for wanting a place would outweigh that prejudice).This was not discussed. The LEA Rep said that all places were taken (120) and that point 3 relates to my case.


If prejudice was an issue, did the LA put forward a case for oversubscription/prejudice in the appeal papers you received a week or so before the hearing?Said that point 3 referred to my case And did the chair explain the "two-stage process" used when considering prejudice?Nothing said about this at all


Did the LA officer present his case clearly, in a way that you could understand, without using jargon?He said that majority of children receive Level 5 in SATs.....

I was also asked questions like what job does your brother in law do, what job does your husband do,(Relating to ECircumsatnces)Does your husband live with you?Does he attend Temple? Does he attend temple to meet your DD.


Thanks
Mum007

[capers123]

I was also asked questions like what job does your brother in law do, what job does your husband do,(Relating to ECircumsatnces)Does your husband live with you?Does he attend Temple? Does he attend temple to meet your DD.

Jobs can just be a 'filler' question, though I've only ever asked them to make the appellant feel at ease. The 'Temple' bit sounds confusing, though - are we talking about entrance to a selective grammar school, where the child takes an exam to gain entry, a faith school where attendance at a particular variety of place of worship is needed, or both?