Appeals this summer and COVID-19

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Bigbirdcw
Posts: 85
Joined: Sat Sep 07, 2013 10:21 pm

Appeals this summer and COVID-19

Post by Bigbirdcw »

Wondering how school appeals will be handled by schools this summer?

No physical hearings?
Based on submitted documents only?
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Appeals this summer and COVID-19

Post by Etienne »

Tricky question! I'm sure those in charge are desperately trying to work out what to do.

The current Code does not insist on representation by the admission authority at the hearing:
    • 2.11 The admission authority must provide a presenting officer to present the decision not to admit the child and to answer detailed questions about the case being heard and about the school. If no presenting officer attends on the day of the appeal, the panel can decide to resolve the case by using the evidence submitted by the admission authority if it is satisfied that to do so will not disadvantage the appellant.
Nor does it require parents to attend if they choose not to:
    • 2.12 Appeal panels must allow appellants the opportunity to appear in person and make oral representations. Appellants may be represented, or accompanied by a friend. Where an appellant fails, or is unable, to attend and it is impractical to offer an alternative date the appeal may go ahead and be decided on the written information submitted.
It seems very unsatisfactory when an appeal panel cannot question the case being put forward, but there have been some (very rare) occasions in the past when a panel has met without the other parties being present, and the case has been decided on the basis of written submissions alone.

Problem is that the average age of panel members tends to be on the high side, and many might be self-isolating, or simply reluctant to volunteer in current circumstances.
Etienne
Bigbirdcw
Posts: 85
Joined: Sat Sep 07, 2013 10:21 pm

Re: Appeals this summer and COVID-19

Post by Bigbirdcw »

Yes, thanks, they were my thoughts exactly.
Because attendance is not required and the panel tending to be older would mean that they are purely based upon the submitted evidence.

Puts a lot of onus on the written submission - a benefit for some but not others.
hempsteadlad
Posts: 71
Joined: Thu Jan 24, 2013 12:04 am

Re: Appeals this summer and COVID-19

Post by hempsteadlad »

Etienne wrote:Tricky question! I'm sure those in charge are desperately trying to work out what to do.

The current Code does not insist on representation by the admission authority at the hearing:
    • 2.11 The admission authority must provide a presenting officer to present the decision not to admit the child and to answer detailed questions about the case being heard and about the school. If no presenting officer attends on the day of the appeal, the panel can decide to resolve the case by using the evidence submitted by the admission authority if it is satisfied that to do so will not disadvantage the appellant.
Nor does it require parents to attend if they choose not to:
    • 2.12 Appeal panels must allow appellants the opportunity to appear in person and make oral representations. Appellants may be represented, or accompanied by a friend. Where an appellant fails, or is unable, to attend and it is impractical to offer an alternative date the appeal may go ahead and be decided on the written information submitted.
It seems very unsatisfactory when an appeal panel cannot question the case being put forward, but there have been some (very rare) occasions in the past when a panel has met without the other parties being present, and the case has been decided on the basis of written submissions alone.

Problem is that the average age of panel members tends to be on the high side, and many might be self-isolating, or simply reluctant to volunteer in current circumstances.

The Lord Chief Justice said yesterday that the courts and tribunals should use technology - video conferencing. School admission appeals should be no different. Anyone with a smart phone could attend a webinar or video conference. However, no doubt the Secretary of State will make an announcement soon. Schools are not completely, closed. Therefore parents should not run away with the idea that the lodging deadline will be shifted. But it that could be the case, but suspect it will need legislation!
Bigbirdcw
Posts: 85
Joined: Sat Sep 07, 2013 10:21 pm

Re: Appeals this summer and COVID-19

Post by Bigbirdcw »

I wasn't suggesting the deadlines would be extended. Just wondering how they would handle it.

My local school has not changed any deadlines and judging by the confirmation of receipt letter, they are currently planning normal process. We shall see, closer to the deadline what happens then.
mummykat84
Posts: 4
Joined: Tue Mar 03, 2020 3:53 pm

Re: Appeals this summer and COVID-19

Post by mummykat84 »

I was wondering this myself. Fortunately I submitted quite a large (17 pieces of evidence in appendix) appeal pack. However, I really want to elaborate on the bullet points in the opening letter. It is such an uncertain time, particularly now the children are not at school. Still so many unanswered questions for my DD and no idea where she is going in September!
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Appeals this summer and COVID-19

Post by Etienne »

mummykat84 wrote:I was wondering this myself. Fortunately I submitted quite a large (17 pieces of evidence in appendix) appeal pack. However, I really want to elaborate on the bullet points in the opening letter. It is such an uncertain time, particularly now the children are not at school. Still so many unanswered questions for my DD and no idea where she is going in September!
I've no idea what they're thinking of doing, but even if the DfE were to take measures to allow appeals to become a 'paper only' procedure, I would have thought that almost certainly you'd have an opportunity to submit further evidence or information.
Etienne
geocachers
Posts: 37
Joined: Thu Aug 06, 2015 1:43 pm

Re: Appeals this summer and COVID-19

Post by geocachers »

Worrying indeed. I am not sure how much access I will get to DS's teacher and HT now. Certainly not a face to face discussion. I don't even have individual emails for them. I wonder how they are fixed for accessing his data/work and writing a letter of support? I am sure they have other things to concentrate on now and worry that this will not be seen as a priority by the school.

We are going to be strugglilng for data to submit - our school does not do CATS, they have not been able to do the Mock SATS this month - what data do they realistically have?
yoyo123
Posts: 8099
Joined: Mon Jun 18, 2007 3:32 pm
Location: East Kent

Re: Appeals this summer and COVID-19

Post by yoyo123 »

don’t worry about data!
Our children have been tracked since Reception (and before) Educational data is the one thing that is not in short supply in schools!
stroudydad
Posts: 2246
Joined: Sat Oct 08, 2011 2:25 pm

Re: Appeals this summer and COVID-19

Post by stroudydad »

We have technology.. Skype, hangouts.. shouldn’t be a problem
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