Panel Chair needs advice

[user1464507484]

VA secondary so its own AA. Uses a s/employed appeals clerk. 74 listed, 66 heard, 7 upheld. School added 19 more onto list before sending to LA. Clerk allows school to electronically sign letters. He admitted to me he was aware names were added who either had appeals rejected or who were picked by school.
Discovered by chance what happened, school refused to speak to me for weeks. Complained to LA who presented me with list so I could sign to say the 7 upheld. They have refused to take action, claiming no statutory breach has taken place! ( very weak LA).
Eventually saw HT who, initially denied any knowledge, then blamed the office clerk, was a one off until I showed him the evidence suggests they have been doing this four years now.
Same appeals clerk now implicated in at least 4 other schools were the figures have been changed before going to LA, who still are burying their heads in the sand.
Of course this "independent" clerk has dropped me from his list and begun using untrained people and his wife.

To whom do I complain about the "fiddling" of figures

[LineyReborn]

I'm sorry I don't understand this - are you the Chair of an Appeals Panel?

[titchy]

Fucking hell

LGO? Schools adjudicator?

[prh47bridge]

If the school is VA and not an academy this is one for the LGO.

Were the 19 added to the list appeals which they rejected without putting them in front of the appeal panel or something else?

Use of untrained people on the appeal panel is a serious problem.

Unfortunately it is not unknown for VA schools to simply ignore the LGO's decisions. This may need a parent who has been adversely affected to take the school to judicial review.

[howlowcanugo]

Blimey.

Don't know the official answer to your question OP, but if I was you I'd be preparing a blog for Faith Schoolers Anonymous.

[TeenAndTween]

So basically, by bypassing the official appeals panel, the school are picking and choosing the extra children they want, rather than
a) just enlarging PAN officially before first admissions
b) letting panel decide who are the 'most worthy' appeals?
Shocking.

[prh47bridge]

Sorry - re-read your original post. So you are saying that they reported 19 successful appeals for pupils who had either not appealed or had their appeals rejected. Is that right?

My advice remains the same. Tell the LGO. This is a situation where the parents of the pupils who failed in their appeals need to complain long and loud, taking it to judicial review if necessary.

The school could legally admit these additional pupils if they were at the top of the waiting list and the school simply decided to admit beyond PAN, but if that was the case they should not report them as successful appeals. If these pupils were not top of the waiting list this is definitely a breach of the Admissions Code.

[admission]

This is definitely a case for the LGO to start with. However there is no way that the clerk to the admission appeals, even though they are independent, is doing this on their own. There are clearly people within the senior management of the school who are fully aware of what has been going on and are totally involved in this.
That if proved is gross misconduct. That could be career ending if the GB were not aware of this and takes the appropriate action.

[user1464507484]

Yes I chaired the apppeals

[user1464507484]

Thanks prh. They e-mailed LA with 26 names as successful. On checking they did similar the last 4 years, using same "independent" clerk. Have also discovered worse! I was due to hear some for an LA primary school but was told they were delayed. the school refuses to use the LA panels. The independent clerk sent the LA an e-mail saying the 4 appeals were successful even though they were ICS appeals. I told the LA it was suspicious but all they did was ask him for the Panel date and the members. LA did not follow it up and have stopped giving me information claiming DP Act!

[user1464507484]

Absolutely agree 'admissions', but chair of Govs. is likely to be aware of what is happening.

[user1464507484]

further prh: some of those were added to the list by the school because they were non faith but attended a faith primary but did not present a strong case at appeal. From my notes the other were non-religous but have aspiring parents who were articulate and would be a credit to the school in terms of results. Very oversubscribed and produces the best results in our area, both county and city.

[prh47bridge]

Absolutely appalling. I've come across schools behaving poorly but not to this extent. I hope someone takes appropriate action to sort them out.

[user1464507484]

Sadly 'prh' it's not going to be the LA. It shows a weakness in the system were anyone can set up as an independent clerk and collude with a school. As you will know the MoJ and AJTC were abolished which used to be involved. I'm reliably informed the clerk is taking on more primary schools this year. "He who pays the Piper calls the tune" comes to mind.
Will carry on protesting and about to tackle another secondary....figures again altered...some appeals in late August, DHT chaired the panel! Clerk claims they were short but did not ask me because I was already suspicious of what was happening....will try the LGO after Xmas.

[prh47bridge]

Even if they were short the deputy head cannot sit on the panel, let alone chair it. If any parents who lost appeals complain to the LGO (or EFA if this is an academy) they would get a fresh appeal.

I am, however, puzzled by your latest post. The Administrative Justice and Tribunals Council was abolished in 2013 but the Ministry of Justice is still very much in operation. Neither body has ever had any substantive role in school appeals. The AJTC did produce some "Best Practice Guidance" but this did little more than reiterate the requirements of the Appeals Code. Where the LA is the admission authority the clerk is usually someone from their legal team.

[admission]

OP i think that what you are describing is a situation which goes way beyond a school making some administrative errors due to incompetence and I would suggest that any further discussion is on the private messaging or via email.
More than happy to do this because this kind of behaviour is simply destroying the integrity of all other appeals across the country. I am simply staggered by what you describe about this clerk has done, who seems to be at the centre of this web.

[user1464507484]

Sorry, yes MoJ still up and running but as far as I am aware, in connection with admission appeals, would only be involved through the judicial review process. I am also involved with other LA's and see lots of good practice. Regrettably parents don't kick up a fuss.
I accept LA's will use a trained person from their legal team for the LA schools this is no longer the case locally. The primary I mentioned earlier is an LA school but uses the "independent" clerk.
I feel very frustrated that the LA is no longer wanting to assist or take over and deal with the issues.

[prh47bridge]

An LA school should not be able to choose its own clerk.

I am also happy to discuss on PM if it would help.

[NWgirls]

OP:

Best of luck with rooting out this shocking cheating which surely must be criminal or at least sackable offences. Glad to see that experts here are offering support. And I hope you stay courageous and persevere - you can be proud of yourself!