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PostPosted: Fri Jun 08, 2018 9:56 pm 
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anotherdad wrote:
I would have thought - but perhaps Etienne will confirm - that your letter to the ESFA is to complain about the decision perhaps having been made on inaccurate judgements and contradictions. The ESFA will not be interested in extra medical evidence - their role will be to determine if the panel used correct information in making their judgement.
I agree with anotherdad. They will not want to see information that was not made available to the appeal panel at the time.
It is not the role of the ESFA to reconsider your case. They will only consider whether or not your appeal was conducted properly.

If the ESFA were to uphold your complaint, and find that there has been a serious injustice, you would be offered a fresh appeal.
If this were to happen, you could then introduce any additional information for the new panel to consider.

Quote:
Thanks Etienne for looking through the decision letter, I shall send you the remaining pages also in the appeal box.
Thank you - I'll take a look at the rest over the weekend.

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PostPosted: Fri Jun 08, 2018 10:10 pm 
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Rsinsinwar wrote:
Does anyone have had a success at re-hearing and can give insight?

thx


Not a recent case, but the only one I can find quickly because it sticks in my mind:
viewtopic.php?f=35&t=15339
(At the time, all complaints were being handled by the ombudsman. Nowadays the ESFA deals with academies.)

I'm sure there have been more recent successful cases.

However, complaints are a bit like appeals - don't embark on the process expecting to win.

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PostPosted: Sun Jun 10, 2018 6:39 pm 
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Quote:
Thanks Etienne for looking through the decision letter, I shall send you the remaining pages also in the appeal box.
I've had a look at the stage one part of the decision letter, and it does appear to satisfy all legal requirements.

It is up to you whether or not to pursue a complaint with regard to the anomalies in the decision letter (stage two), but you have little to lose.
It's not stressful like an appeal. There is no hearing to attend.
You simply put in writing what your concerns are, point out that the summary of relevant factors is inaccurate, suggesting that the panel took account of incorrect information in arriving at their decision.
At the very least there may have been a breach of para. 2.25 of the Appeals Code:
      Quote:
      2.25 The panel must ensure that the decision is easily comprehensible so that the parties can understand the basis on which the decision was made. The decision letter must contain a summary of relevant factors that were raised by the parties and considered by the panel. It must also give clear reasons for the panel’s decision, including how, and why, any issues of fact or law were decided by the panel during the hearing.

If the panel have been careless in their consideration of the evidence, there may also have been a breach of para. 1.2 (natural justice).

The ESFA will investigate and send you its decision. You might have to wait for at least a month or two.
Even if the answer is "No," it might put your mind at rest that someone has looked into the matter.
And if it turns out that the only errors were made by the clerk in drawing up the decision letter, at least you would then know whether or not the panel used the correct information.

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