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 Post subject: Re: CRGS Failed Appeal
PostPosted: Mon Jul 15, 2019 10:17 am 
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Joined: Fri Sep 15, 2006 8:51 am
Posts: 9369
There is a post here explaining how to send documents to the appeals box viewtopic.php?t=9907


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 Post subject: Re: CRGS Failed Appeal
PostPosted: Mon Jul 15, 2019 10:44 am 
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Thank you. I have sent the document.

Specific points have not been recorded from the appeal, highlighting my son's scores in mocks as given by his school reference, and the clear comparison with the children who scored more than 350 and gained a place on first offer round. This is testament to my son's abilities and his likelihood of being offered a place if the arrangements had complied or had been correctly and impartially applied.

There is reference to 3 scores being under average, which I cannot correlate what that is in reference to.

There is no reference to the very important answer by the school to the question of how common is it for a child to be moved desks twice. The answer was given as no statistics available, however, it has only happened once before in the knowledge of the school representative, the Assistant Headmaster. This is a vital a point.

Many thanks


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 Post subject: Re: CRGS Failed Appeal
PostPosted: Tue Jul 16, 2019 8:37 pm 
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Joined: Mon Dec 12, 2005 5:26 pm
Posts: 8116
Hi

I've been looking through the clerk's notes of your appeal at Herman's request.

As far as I can see, your case was all about the admission arrangements, not on reasons which outweigh the prejudice to the school.

I think it would be worth seeing what view the ESFA take, but there is no guarantee of success.
For full details see: https://www.elevenplusexams.co.uk/appeals/ombudsman

I've drafted the following as possible grounds for a complaint. You will need to quote the paragraph numbers of the Appeals Code that I've mentioned.
Please check carefully. I don't know whether the invigilator's report was in the case papers - if it was, then please remove this reference.


    Our case was not handled correctly by the panel and clerk. It was based entirely on non-compliance with the admission arrangements, not on reasons which outweigh the prejudice to the school.

    The appeal has been classified in the clerk's notes as S2 ("the reasons for the preference are not sufficient to outweigh the prejudice - appeal dismissed") rather than S5 ("the panel is satisfied that the AA did not apply its published admission arrangements correctly and this was to the detriment of the appellant").

    The definition accompanying S5 does not comply with the Appeals Code.
    Para. 3.2 of the Code refers not to the "published admission arrangements", but more broadly to the "admission arrangements," which would cover issues such as proper administration of the test.

    The clerk's notes fail to record some important information in breach of para. 2.26 of the Code:
        Quote:
        Specific points have not been recorded from the appeal, highlighting my son's scores in mocks as given by his school reference, and the clear comparison with the children who scored more than 350 and gained a place on first offer round. This is testament to my son's abilities and his likelihood of being offered a place if the arrangements had complied or had been correctly and impartially applied.

        There is reference to three scores being under average, and I cannot correlate what that is in reference to.

        There is no reference to the very important answer by the school to the question of how common is it for a child to be moved desks twice. The answer was given as no statistics available. However, it has only happened once before in the knowledge of the school representative, the Assistant Headmaster. This is a vital point which can easily be verified with the Assistant Head.

    Section 9 of the clerk's notes (the school's summing up) is meaningless in this case because it makes no reference to the admission arrangements.

    Section 12 (the balancing stage) is irrelevant because this case had nothing to do with parental preference v. prejudice.
    There is a reference to the invigilator's report, but this was never included in the case papers in breach of para. 2.21(c) of the Appeals Code.

    Our main contention is that the panel failed to give proper consideration to para. 3.5(a) of the Appeals Code.
    Strictly speaking, according to the Code, the admission arrangements are a matter for stage one. However, it cannot be appropriate for appellants to have to discuss their private case at a group hearing.
    In fact, the clerk's notes appear to show that no decision on the admission arrangements was taken at the end of stage one, and that we were able to raise our concerns at stage two.
    Nevertheless, although the grounds for our appeal were very clear, the panel persisted in treating it as a prejudice case.

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Etienne


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 Post subject: Re: CRGS Failed Appeal
PostPosted: Wed Aug 21, 2019 10:30 am 
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Joined: Mon May 20, 2019 2:22 pm
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I have received a reply from ESFA which was negative to my complaint.

I do not believe they have really answered the question re basis of appeal being handled incorrectly;

'You believe that the panel’s consideration of published admission arrangements was not broad enough, specifically that the panel did not consider whether the selection test was conducted correctly and fairly.
The clerk’s notes show that the panel did consider the issues that you have raised.'

I would like to send the document to the appeals box for your advice on whether my complaint has been duly considered.

Many thanks


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 Post subject: Re: CRGS Failed Appeal
PostPosted: Wed Aug 21, 2019 9:04 pm 
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Joined: Mon Dec 12, 2005 5:26 pm
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If you would like to send, I'll have a look.

It seems much harder to succeed with complaints now that the ESFA, instead of the ombudsman, deals with academies.

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Etienne


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 Post subject: Re: CRGS Failed Appeal
PostPosted: Thu Aug 22, 2019 6:55 am 
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Joined: Mon May 20, 2019 2:22 pm
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thank you I have sent to the document.


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 Post subject: Re: CRGS Failed Appeal
PostPosted: Fri Aug 23, 2019 4:43 pm 
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Joined: Mon Dec 12, 2005 5:26 pm
Posts: 8116
No justice wrote:
I have received a reply from ESFA which was negative to my complaint.

I do not believe they have really answered the question re basis of appeal being handled incorrectly;
Personally I would agree with you.

Our main contention is that the panel failed to have proper regard to para. 3.5(a) of the Appeals Code.
The clerk's notes show that the panel did not consider whether the admission arrangements were correctly and impartially applied in this particular case.
Although the grounds for the appeal were made very clear, the panel persisted in treating it solely as a prejudice case.

The clerk's notes as a whole show that the focus of the panel was on prejudice.
The appeal has been classified in the notes as S2 ("the reasons for the preference are not sufficient to outweigh the prejudice - appeal dismissed") rather than S5 or the opposite of S5 ("the panel is satisfied that the AA did not apply its published admission arrangements correctly and this was to the detriment of the appellant").

The ESFA points out that The Schools Admissions Appeals Code (SAAC) does not set out specific requirements for recording the decision. Nevertheless, the clerk's notes - whatever form they take - are the official record of the hearing, and presumably one must have some regard to whatever has been recorded?

The ESFA state vaguely that the clerk's notes "show that the panel did consider the issues that were raised", but according to SAAC:
      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.

We have not seen anything that explains the basis on which the panel's decision was made in this particular case, and the ESFA investigation does not appear to have addressed this key issue.


If you want to object to the way in which the ESFA has handled your complaint, please see:
https://www.elevenplusexams.co.uk/appeals/ombudsman#d9

I'm afraid it's not really an independent process. Someone in the ESFA not previously involved in investigating your complaint will review the matter.
It's not easy to get a decision overturned because the focus will be not on the ESFA's judgement but on whether they have followed their published procedures.
However, you may feel that you have nothing to lose by asking whether your complaint has been properly investigated.

_________________
Etienne


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 Post subject: Re: CRGS Failed Appeal
PostPosted: Fri Aug 23, 2019 5:01 pm 
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Joined: Mon May 20, 2019 2:22 pm
Posts: 9
Thank you for your reply. I will continue to fight our cause.


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