Can new info allow appeal > unsuccessful selection review?

[Sanna]

I have a question for a friend re Bucks appeal process. If anyone has a quick answer that would be great (I know the answer will be someone on the forum but I don't know if I will find it fast enough).

Imagine someone goes through the Bucks Selection Review process and is unsuccessful but later on discovers new relevant evidence (e.g. a learning disability). If they then go for a non-selection appeal later in the year would they still have to prove the selection review was non-fair and compliant before being able to present the new academic evidence or is there a process that allows the case to be looked at afresh because of the new information?

Thanks for any urgent help!

[Etienne]

would they still have to prove the selection review was non-fair and compliant

Strictly speaking, it should be for the admission authority to prove that the review process was 'fair, consistent & objective', not for the parent to prove that it wasn't.

Imagine someone goes through the Bucks Selection Review process and is unsuccessful but later on discovers new relevant evidence (e.g. a learning disability).

In that case, the review panel has done nothing wrong - it couldn't consider evidence that it wasn't presented with.
However, the review might well be found to be unsatisfactory for other reasons (lack of evidence that it was 'fair, consistent & objective').

Incidentally, the admission authority does have discretion to allow a fresh appeal if presented with significant new evidence that wasn't - and couldn't have been - available for the first appeal hearing.
Although I'm not aware of a similar established arrangement for a review, common sense suggests it's something the admission authority (or LA acting on their behalf) might be prepared to consider, provided the degree of disability is significant.

Very good question - best I can do!

[Sanna]

Thank you Etienne, yes I agree this wouldn't count as non fair and compliant at all but this

Incidentally, the admission authority does have discretion to allow a fresh appeal if presented with significant new evidence that wasn't - and couldn't have been - available for the first appeal hearing.
Although I'm not aware of a similar established arrangement for a review, common sense suggests it's something the admission authority (or LA acting on their behalf) might be prepared to consider, provided the degree of disability is significant.

is what I was trying to understand and you answered it well - that it might be possible to do a fresh appeal (despite unsuccessful selection review) with new evidence...

Thank you very much!

[Sanna]

Just on a very practical point - when filling in the Bucks Selection Review form there is a question that asks if you believe there is a disability under the disability act. Could I check if you should tick "no" if at this point you have no firm evidence of an issue even if you suspect there may be one and investigations are starting? I assume you tick "no" but mention in your extenuating circumstances that there are some concerns and if they are valid then the child's academic performance would have the potential to perhaps be even higher? Or is it better to do something odd like annotate the form with a note saying "tbd" and then explain more below? Any help appreciated!