Appeal clerks impartiality?

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nbear
Posts: 3
Joined: Sat May 21, 2011 11:06 pm

Appeal clerks impartiality?

Post by nbear »

My Appeal is to an academy grammar school. The clerk for the appeal is the clerk for the academy governors’, the school is represented at the appeal by the vice chair of the governors. I need to speak with the clerk but I have been told to email the school and then they will forward emails to the clerk. This seems a little odd that only one side has the contact details of the clerk and has to write to the other side for them to pass the questions on, is this right?
Also the clerk has only sent a one page letter from the school and has not given a NCA is this right?
Being an academy, do they need a NCA? as the only one available is an old county one which is many years old and the school has had building work carried out since the NCA was carried out? Is the academy legally responsible for carrying out a NCA or making sure the one they have is up to date?
Should I be bringing any of this up or will it upset the panel and the clerk?
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Appeal clerks impartiality?

Post by Etienne »

nbear wrote:The clerk for the appeal is the clerk for the academy governors
The ombudsman has previously ruled that there is too great a conflict of interest for a person to act both as the Clerk to the Governors and as the Clerk to an Appeal Panel:
http://www.lgo.org.uk/complaint-outcome ... -06a02033/" onclick="window.open(this.href);return false;
I need to speak with the clerk but I have been told to email the school and then they will forward emails to the clerk. This seems a little odd that only one side has the contact details of the clerk and has to write to the other side for them to pass the questions on, is this right?
I do not feel comfortable when I hear of this sort of arrangement!
Also the clerk has only sent a one page letter from the school and has not given a NCA is this right?
Being an academy, do they need a NCA? as the only one available is an old county one which is many years old and the school has had building work carried out since the NCA was carried out?
This issue was discussed recently here:
http://www.elevenplusexams.co.uk/forum/ ... 35&t=20547" onclick="window.open(this.href);return false;
Although they are not required to have a net capacity, the onus is still on them to provide sufficient factual information to show that admitting another child would cause prejudice.
This might relate to any of the points listed here:
http://www.elevenplusexams.co.uk/appeal ... -school#c1" onclick="window.open(this.href);return false;
Should I be bringing any of this up or will it upset the panel and the clerk?
I would advise you to wait until after the appeal.

If you wish to send the academy's case to our appeals box http://www.elevenplusexams.co.uk/forum/ ... php?t=9907" onclick="window.open(this.href);return false;
I'm happy to have a look at it and tell you if it seems adequate - but the best approach at appeal will be for you to focus on your own case.
Etienne
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