Parmiter's Appeal

AppealingApple · Post by **AppealingApple** » Fri May 15, 2009 6:01 pm

Dear All

We had our appeal heard for Parmiters School beginning of May and was told we would here by the 15th (today). I phoned to see if the letters had been sent out only to be told 'yes new dates had been posted out' what do you mean new dates ? I said. The clerk replied that one of the panelist had been taken ill on the 11th May and due to this they will have to replace the panel and all appeals will have to be heard again. WHAT AN OUTRAGE ! Can someone please advise if this is a requirement of the Appeals code?

Post by **Etienne** » Fri May 15, 2009 6:14 pm

Yes. In a situation where appeals are being heard as a batch, it may well be necessary to make a comparison and decide which cases are strongest. It would not be fair to have different panels.

If the panel consists of three members, the Appeals Code is quite clear that the same panel must hear all the cases.

AppealingApple · Post by **AppealingApple** » Fri May 15, 2009 6:29 pm

Thank you Etienne but why if the Chair of the panel is recording all the information and the Clerk taking the minutes does this need to happen. . They surely cannot remember each parent and have to refer to their notes and appeal documentation. This is information which can be passed to another panel to read.
Do you know where I can read the clause itself in the appeal code of practice?

Post by **Etienne** » Fri May 15, 2009 6:46 pm

It's not so much the information that's the problem, it's more a matter of judgement. How would you feel if you had a stricter panel than someone else?

It's very distressing for everyone concerned when this happens, but if the panel member who's sick is not expected to be fit within a reasonable time, it's the only fair way of proceeding.

The problem could be avoided with a 5 member panel, but few authorities have 5 member panels. It can be hard enough finding three people willing to take on this sort of unpaid work, and agreeing on dates when they are all free.

Quorum
1.8 Admission authorities must ensure that appeal panels have a minimum of three members at all times, including at least one lay member and one non-lay member. Where a panel with five members has begun considering an appeal and any of the members is unable to continue due to unforeseen exceptional circumstances, it can still continue to sit provided that the panel has a quorum as described above. Where a panel starts with three members, and one has to temporarily withdraw (e.g. because of illness), the panel must postpone the remaining hearings until a later date. However, all appeals would have to be reheard if the absent panel member could not return to complete the hearings. Appeals administrators should consider what contingency arrangements can be made to ensure that three member panels can go ahead if, for example, a member pulls out at short notice before hearings commence.

Post by **Etienne** » Sat May 16, 2009 3:14 pm

Just to add - with regard to 5 member panels - that another reason for not having them is that a panel of 5 could make the process even more intimidating for many appellants.

capers123 · Post by **capers123** » Sat May 16, 2009 4:48 pm

AppealingApple wrote:Thank you Etienne but why if the Chair of the panel is recording all the information and the Clerk taking the minutes does this need to happen.

My personal notes, while being taken at the same time as the clerks notes, will highlight what I think are the important points in the case & remind me of the parents. Other panel members will have made notes of what they think is important. The appeal is decided by how that panel feels about that appeal, not on what the clerk has noted down. It's clear to me, having heard them, that there are some appeals that I doubt will succeed, and others that are highly likely to. However, until I, and the other panelists, have heard ALL of them we can not work though our decision making process. Also my thoughts as to what is important about the case is so often different to other panel members, so the chairs notes don't always match up with mine.

They surely cannot remember each parent and have to refer to their notes and appeal documentation. This is information which can be passed to another panel to read.

So you'd be happy for another panel to hear, in full, the remaining appeals, with all the points raised on the day, questions they might want to ask, etc, and then read through a few notes on your appeal. Then decide on all the appeals? Don't you think that they might end up having more information about the appeals they have heard - they'll have been able to ask questions that are specific to those cases, yet not ask you the same questions. I think it would be very unfair on you to do that!

I must agree that it's very frustrating for you, and adds another layer of angst and anguish. Sadly, though, panelists, like the rest of you, can get ill; in fact, I'd say the average age of panel members is older than parents appealing, as not many people of working age feel they can take time out for the civic duty of sitting on a panel; my boss is very understanding - he's a governor of a primary school (I've not heard, and am unlikely to hear an appeal from it). But the older you get, the more likely you are to get ill!

Post by **Etienne** » Sat May 16, 2009 5:13 pm

Capers' points are well made.

It always amazed me that this sort of problem didn't happen more often.

Despite many panel members being well past the first flush of youth, I can only recall one other mention on the forum of appeals having to be restarted.

AppealingApple · Post by **AppealingApple** » Sat May 16, 2009 8:16 pm

Capers123/Etienne thank you for your input.
In retrospect it does make sense. It is a difficult process to get right and I am seeing it through my eyes as an anxious parent. I had thought the worst was over but we have to do it all again. Some take it in their stride others do not and find the whole process an ordeal and I now find myself in a postion where I am thinking of dropping the appeal because of this.
Good luck to all those who are still waiting appeal.

Gercha · Post by **Gercha** » Sat May 16, 2009 9:01 pm

Hi AppealingApple

How awful for you. We had our appeal recently and the thought of going through it all again is exhausting, however, think about all the hard work you have put in and how much of a waste it would be if you didn't carry on. Take a deep breath, look on the first appeal as a rehersal and I urge you to go through it again. I think you possibly may look back and wonder "what if", if you didn't carry on.

In our recent appeal there were 103 appeals so you can imagine if one of the panalist had been ill and all 103 had to be heard again - what a nightmare.

Good luck.

Ed's mum · Post by **Ed's mum** » Sat May 16, 2009 9:15 pm

I've not been through it AppealingApple, so I don't speak from experience. I can only imagine how it must feel to be faced with the anguish of an appeal all over again. HOWEVER, you obviously originally felt that you should appeal for your child and this must have come from a belief that your child is deserving of a place at a GS.

Please do try to go through it again. I know it must seem like an impossible hurdle for you at the moment. I just wonder if you might always be left with a 'what if' feeling if you don't have another stab at it.

Good luck with your decision, I really feel for you.