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 Post subject: Re: Stationery
PostPosted: Tue Jun 11, 2019 3:50 pm 
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Joined: Sat Sep 08, 2018 12:44 pm
Posts: 111
Etienne wrote:
Mumofgirls wrote:
ariadne wrote:
I'm so sorry to hear that. How frustrating. Do let us know what the detailed letter says, if it sheds any light.

Thank you I will do. Can you appeal an appeal decision or is that the end of the line now?


So sorry to hear the news. I'm afraid the panel's decision cannot normally be challenged, unless there was a procedural error.
https://www.elevenplusexams.co.uk/appeals/ombudsman

The next step is to see what the decision letter says - in particular, whether there is any indication that the correct procedures may not have been followed.
If you would like to email a copy of the letter to our Appeals Box, I don't mind checking to see whether it complies with the mandatory requirements of the Appeals Code.
For contact details see:
https://www.elevenplusexams.co.uk/appeals/general#a62


Thank you much appreciated.


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 Post subject: Re: Stationery
PostPosted: Wed Jun 12, 2019 8:00 pm 
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Joined: Fri Mar 07, 2014 8:14 am
Posts: 466
I am so sorry to hear this.
How can they say the test was conducted unfairly but not take it into account?
I presume it is because if they did it would open the floodgates to more successful appeals.
Are you by any chance close to the top of the waiting list now?
Best of luck to your daughter.
I feel she has been badly let down by the administrators of the test.


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 Post subject: Re: Stationery
PostPosted: Thu Jun 13, 2019 12:18 pm 
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Joined: Sat Sep 08, 2018 12:44 pm
Posts: 111
Moon unit wrote:
I am so sorry to hear this.
How can they say the test was conducted unfairly but not take it into account?
I presume it is because if they did it would open the floodgates to more successful appeals.
Are you by any chance close to the top of the waiting list now?
Best of luck to your daughter.
I feel she has been badly let down by the administrators of the test.


Thank you for your reply. Had the paperwork through today and it states that even without the rubber issue it was unlikely that our daughter would have achieved the AQS, how can they factually determine this? I’m so gutted for our daughter, I know she’ll do well wherever but I strongly believe that the local Authority let her down. Unfortunately she’s only 19th on the waiting list for this school so still a long way down.


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 Post subject: Re: Stationery
PostPosted: Thu Jun 13, 2019 12:43 pm 
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Joined: Sat Sep 08, 2018 12:44 pm
Posts: 111
Etienne, I have sent a copy of the letter to the appeals box after your kind offer. Thank you for your time.


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 Post subject: Re: Stationery
PostPosted: Thu Jun 13, 2019 9:34 pm 
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Joined: Mon Dec 12, 2005 5:26 pm
Posts: 8140
Thanks. I've looked carefully at the letter.

I note that:
1. The panel accepted that daughter is of grammar school ability.
2. They were satisfied with the evidence of the LA representative regarding the issue of not having an eraser for part of the test
3. They concluded that, even if this issue had not occurred, "It is unlikely that .... would have achieved the automatic qualifying score."
4. They decided that the reasons given for wanting a place were not sufficient to outweigh the prejudice to the school.

With regard to point 3, I sympathise with the question you posed further up - "how can they factually determine this?"
Unfortunately there is no factual way of proving whether someone would or wouldn't have achieved the AQS in this situation. The panel is required to make a subjective judgement.
Similarly with points 2 and 4 - these decisions are very much a matter of opinion. A different panel might come to an entirely different view.
Point 1 would normally be a subjective judgement too, but academic suitability was considered to be automatic because the Committee of Reference had placed daughter on the waiting list.

As far as I can see, the decision letter is legally watertight, although it is the clerk's notes that are the official record of the hearing.

Sorry I can't offer you more hope, but I wouldn't want to mislead.

Very properly, the letter does signpost your right to complain to the EFA if you are dissatisfied ("EFA" is outdated - it is now the "ESFA").
However, the ESFA online complaint form begins with 4 questions, and only if you are able to tick the first one below can you proceed any further:
Do you wish to:
• complain about an academy appeal panel because it did not follow the process set out in the School Admission Appeals Code
• request an appeal
• complain about the decision of the appeal panel
• complain about an appeal panel for a local authority maintained school

_________________
Etienne


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 Post subject: Re: Stationery
PostPosted: Fri Jun 14, 2019 11:24 am 
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Joined: Sat Sep 08, 2018 12:44 pm
Posts: 111
Thank you Etienne for your reply and for taking the time the review the appeal letter
for me it is very much appreciated. I think this is probably the end of the line now for us unfortunately, unless there is some significant movement with the waiting lists. Thanks again.


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