Questions asked by appeal panel about CAF and other appeals

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M.J
Posts: 12
Joined: Tue Oct 05, 2010 7:16 pm

Questions asked by appeal panel about CAF and other appeals

Post by M.J »

Hi i just want to ask is it ok for the appeal panel to ask which schools have you applied for and in what order (what is 1st, 2nd and 3rd preferences). And also can they ask if you have appealed for another school, which one, and what is the outcome.
thanks
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Questions asked by appeal panel about CAF and other appe

Post by Etienne »

See:
http://www.elevenplusexams.co.uk/appeals/general#a21" onclick="window.open(this.href);return false;

I do feel uncomfortable about this line of questioning, but the wording in the Code is not as clear as I would have liked.

I would have thought that, if challenged, the panel would have to explain why they are asking these questions.

If your appeal fails, and you have concerns, I suggest you see what the ombudsman thinks.
For advice on making a complaint, or to make a complaint over the telephone, please call the LGO Advice Team on 0300 061 0614 or 0845 602 1983. (Calls to 03 numbers will cost no more than calls to national geographic numbers (starting 01or 02) from both mobiles and landlines, and will be included as part of any inclusive call minutes or discount schemes in the same way as geographic calls. Please note that calls may be recorded for training and quality purposes.) The Advice Team are available Monday to Friday from 8.30am to 5.00pm.
Etienne
whitehart
Posts: 55
Joined: Mon Mar 14, 2011 2:58 pm

Re: Questions asked by appeal panel about CAF and other appe

Post by whitehart »

:) At our appeal and in the info sent to us beforehand the panel had a copy of our of our admission to secondary school form which clearly showed our order of preferance although we weren't questioned about it at the time.
M.J
Posts: 12
Joined: Tue Oct 05, 2010 7:16 pm

Re: Questions asked by appeal panel about CAF and other appe

Post by M.J »

Thanks for the quick reply. i am just concerned that two schools i have appealed for are very different in terms of their specialism and one of them is a catholic school. so reasons for wanting places at these schools will obviously be very different. it just felt a bit odd that the panel would ask which other schools have you appealed for as we were stressing the point that this is the best school for us and how its specialism is perfect for us. i dont think the appeal went very well.
tigger2
Posts: 755
Joined: Thu Sep 24, 2009 11:35 am

Re: Questions asked by appeal panel about CAF and other appe

Post by tigger2 »

We were asked this at both of our appeals in the last fortnight ...both panels were fully aware of the scaf..the allocated school the lot really !!! We were given a printout at one appeal about this extra info just as we walked in.There was no explanation but I politely made the point,just to let the panel know that we had not been sent this info with the rest of the LA papers. I was suprised that they had details about the school offered
M.J
Posts: 12
Joined: Tue Oct 05, 2010 7:16 pm

Re: Questions asked by appeal panel about CAF and other appe

Post by M.J »

Hi we received the results for our appeal and were unsuccessful. :cry: :cry: :cry: . i contacted the school about the questions i was asked at the appeal hearing (letters in appeal box). i just want to know is it worth complaining to ombudsman about my concerns.
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Questions asked by appeal panel about CAF and other appe

Post by Etienne »

Sorry to hear your news.

If the panel asked about preferences and other appeals, I think they would need to be able to justify what relevance this had to your grounds for appeal for this school.

If the panel had access to supporting documentation, including details of the school allocated to your child - and this documentation was not made available to you - it does not on the face of it sound acceptable. It should be a fundamental principle that all parties receive the same case papers.

The fact that the decision letter refers to something you did not say is also a matter for concern. I think one would have to concede that the error is not critical to your case, but it hardly inspires confidence in the process.

The ombudsman or YPLA may or may not regard these points as so serious as to cause an injustice, but I do think it would be worth seeing what their view is.

Please note that if this is an academy, you will have to complain to the YPLA not to the ombudsman:
http://www.elevenplusexams.co.uk/appeals/ombudsman#d6" onclick="window.open(this.href);return false;

With regard to the clerk's notes, if you have already requested them under the Data Protection Act, I suggest you write again, saying "Thank you for your response regarding the clerk's notes. The relevant paragraph is 2.42 of the Appeals Code (not the Admissions Code), and I trust you are proceeding with legal advice, as I fully accept you are entitled to do. You will be aware of the timescale within which you are required to respond to a request under the Data Protection Act, unless it can be shown that a lawful exemption applies."
Etienne
M.J
Posts: 12
Joined: Tue Oct 05, 2010 7:16 pm

Re: Questions asked by appeal panel about CAF and other appe

Post by M.J »

Thanks Etienne for the reply. I have contacted the YPLA (via email). Just waiting for there reply now. I ve sent the email for the clerks notes aswell.
M.J
Posts: 12
Joined: Tue Oct 05, 2010 7:16 pm

Re: Questions asked by appeal panel about CAF and other appe

Post by M.J »

Hi i received the letter from the school regarding clerk's notes (letter in appeal box). My son got a place in another school (from waiting list). He is happy with the new school. We dont want this school now (the one we appealed for). I am very disappointed with the appeals procedure for this school. There were 78 appeals this year and only 2 were upheld. I think they just give parents false hopes. Do you think i should still contact the YPLA with my concerns even though i dont want this school. I just dont want any one else to go through what i ve been through in past few months.
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Questions asked by appeal panel about CAF and other appe

Post by Etienne »

I'm delighted you now have an alternative school that your son is happy with. That's wonderful news! :D

If I were you, I would still complain to the YPLA - because if it is the case that something has been done incorrectly, nothing will change unless someone is prepared to speak up.

If the complaint is upheld, they will offer a re-hearing, at which point you can say "Thank you very much, but we've now accepted another school. My main concern is that the appeal process should be handled better in future."

The fact that they are refusing access to the clerk's notes, without even attempting to say which section of the Data Protection Act they believe to be a basis for claiming exemption, suggests to me that they don't quite know what they're doing. If I were you, I would ring the Information Commissioner's helpline to ask if they will now take up the matter.
https://www.ico.gov.uk/Global/contact_us.aspx" onclick="window.open(this.href);return false;
Etienne
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