Are we sure there was a failure on the part of the school at the time of the 11+?
Did they have sufficient information prior to the test to decide on reasonable adjustments, or do they have a 'lack of knowledge' defence?

Normally you get only one appeal per year for a particular school, and all relevant issues should be raised at that hearing.

However,
(1) the ESFA - or a judge - could require a re-hearing if the first appeal was procedurally flawed, and if this was so serious as to cause an injustice.

(2) If significant new information comes to light which was not available - and could not have been available - at the first hearing, the school could agree to a second appeal.


The panel did indeed have a duty to consider disability, and their decision on the issue (whether your child has a disability and crucially whether there was discrimination) should have been given in the decision letter.

_________________
Etienne

I'm not sure what you are getting at PlaceQuest - you did not have the evidence for additional time so it was not granted. The mistake is not the schools as it did not know.

Your alternative evidence was not strong enough to convince the panel - what were the levels etc you sent in?

I think you need to move on and ensure your child has a positive transition to their new school. Then you could consider your options for 12+ or similar.

I'm mainly talking about the ongoing failure to provide a reasonable adjustment after the exams. Regarding before the test, we told the school the symptoms although we didn't refer to it as a disability, so I don't think they can claim lack of knowledge. In the Equality Act 2010 Statutory Code of Practice, it says there is no need to produce a medical diagnosis of the disability. The schools requirements to obtain extra time made it impossible to obtain which could be considered discrimination and not compliant with the Equality Act.



I'm referring to enforcement action under the Equality Act not a school appeal under the School Admission Appeals Code.

The school made it impossible to get extra time for the entrance exam. Anyway who decides what evidence is required for extra time, the school or the law? Actually the school did know why extra time was required.


This is a disability case not an appeal under section 3.13 of the School Admission Appeals Code (please see what I have said above).


Would you advise every victim of a breach of the law to not pursue their rights? Hopefully what we discuss here will help many people in future.

If you are sure that there’s been a breach of the law and you wish to take it further, I suggest you engage a solicitor. S/he will be far better placed to advise you than a random collection of people on this forum will be able to.

I haven’t changed my view of your situation, which is that the appeal panel didn’t see sufficiently compelling academic evidence to suggest suitability for a grammar school place and that therefore makes the argument about extra time redundant. I’m sorry that’s not what you want to hear but from the limited information available, that’s what seems to have happened.

I agree with anotherdad. It is worth remembering that people on here are volunteers who give up a lot of time to help others - Etienne is very knowledgable but, if I might say, the tone of some of your posts comes across as rather indignant, as if everyone jolly well ought to know every last detail of the law and how it applies in your case. People on here are a mixture of parents, teachers, and in some cases (Etienne again) real experts, but you can't necessarily expect top level legal advice. Apologies if you don't mean to come across that way, and everyone understands your frustration and disappointment, but I agree that if you are considering a legal challenge under disability legislation it might be a good idea to consult a specialist lawyer.

My understanding is that, for school admissions to any schools other than independent schools, a school admissions appeal IS the legal recourse for a claim of disability discrimination.

As you raised the issue of disability, the independent appeals panel should have considered firstly whether it considered your child disabled under the terms of the Equality Act, and then whether discrimination occurred because no reasonable adjustments were put in place and whether injustice was caused thereby. The decisions on these matters should have been recorded in the decision letter.

It would be possible for the answer to all of these questions to be a "yes" but for the appeal still to fail on the grounds which were given.


If you are not happy with the way in which the IAP dealt with the appeal you can take this to the EFA or to judicial review but it is important to recognise that both of these deal only with the way in which decisions were taken not with the decisions themselves.

I wouldn't underrate specialist forums these days, they are normally full of people like Etienne who know a lot about their field of interest. We are all here helping each other with what knowledge we can offer. Most people are going to struggle to find a solicitor who knows much about admissions law in grammar schools and most people are not going to be able to afford one given the state of legal aid. More and more people are having to take the litigant-in-person route, crowd fund legal action or find a pro-bono lawyer. Going to court is really the last resort, which is why I asked Etienne about enforcing the Equality Act via an appeal panel.



Everyone is entitled to their opinion and I appreciate you taking the time to offer yours. I have offered my opinion publically for comment (and ridicule) and backed it up with references to actual legislation. I spent a lot of time looking into this matter because I believe other parents with SEND kids are getting a raw deal in the admissions and appeal system and the Equality Act is not being used enough to protect them. Do you have anything to back up your opinion that academic evidence is required in disability cases where the child performed at their best on the day of the entrance test? Your opinion would appear to be against the plain words of section 3.13 of the School Admission Appeals Code.

Thanks Alex for the helpful contribution. This tends to reinforce what Etienne said, that disability should have been considered but wasn't.



Does your view match SCHEDULE 17 Section 116 (DISABLED PUPILS: ENFORCEMENT) of the Equality Act 2010 ?

Admissions

13 (1) This paragraph applies if appeal arrangements have been made in relation
to admissions decisions.
(2) A claim that a responsible body has, because of a person’s disability,
contravened Chapter 1 of Part 6 in respect of an admissions decision must be
made under the appeal arrangements.
(3) The body hearing the claim has the powers it has in relation to an appeal
under the appeal arrangements.
(4) Appeal arrangements are arrangements under—
(a) section 94 of the School Standards and Framework Act 1998, or
(b) an agreement between the responsible body for an Academy and the
Secretary of State under section 482 of the Education Act 1996,
enabling an appeal to be made by the person’s parent against the decision.
(5) An admissions decision is—
(a) a decision of a kind mentioned in section 94(1) or (2) of the School
Standards and Framework Act 1998;
(b) a decision as to the admission of a person to an Academy taken by
the responsible body or on its behalf.

I think that is exactly what it is saying - the enforcement is under the appeal arrangements...