What actually happens in an appeal? Perry Mason style court drama or behind closed doors??

[MrsGrumpyPants]

Do you just submit all your information by post, they discuss it in faceless meetings, then email/ write to you with the result?

Or do the parents have to talk to the panel in person? Do I need to be practising my best "yes m'lud" and "Counsel, I object!!"

Interested in what it actually consists of!

[PanelChair]

Neither, actually!

Every appeal has a hearing. You can choose not to go - in which case it will be considered on the papers - but most parents feel they want to be there and it's never to your advantage not to be there, as being there gives you the opportunity to question the LEA and school representatives and that may unearth something that helps your appeal.

The appeal, though, is not a court hearing and you certainly do not need to be rehearsing your best Rumpole-type speeches. Panel chairs are instructed to keep things as informal as possible and one reason why the admissions experts on MN generally counsel against instructing a solicitor and taking them to the appeal is that some solicitors (especially those who do not specialise in education law) will antagonise the panel by treating it like a courtroom.

The format may vary a little from appeal to appeal, but essentially the LEA/school will go first in outlining why the child could not be admitted and the school is now considered to be full/at capacity. You have the opportunity to question them about this. Then you present your case for your child to be admitted and the LEA/school gets the opportunity to question you about that.

The panel tales a two-stage decision. Part !: is the school full or is it able to admit more pupils? Part 2: have the parents made a case for admission that is strong enough to outweigh the LEA's/school's case against admission? Is the 'prejudice' to the child in not being admitted greater than the 'prejudice' to the school and the pupils in it in having to take another pupil?

All that, though, is for the generality of appeals. If it is an infant class size appeal (much discussed on current threads) the threshold is set much higher. The panel is looking for evidence that there has been some sort of error that has deprived the child of a place (home/school distance wrongly measured, sibling link overlooked, admissions criteria which do not comply with the Admissions Code etc) or that the decision not to admit was so unreasonable that it could be considered perverse and not allowed to stand.

[MrsGrumpyPants]

Rats, I was looking forward to unleashing my inner Ally McBeal

Thank you both so much, that's really helpful. I'm worried already that I'll burst into tears. They must get really emotional or antagonistic sometimes I'm sure.

[MrsGrumpyPants]

And we haven't even had our letter detailing our rejections yet, have no information, wasn't allowed to talk to anyone at the council last week. I do think it's bad form to dump bad news on parents (none of our choices) and then have no letter, no information, and no one to talk to. Other regions seem to know lots about distances/ categories/ waiting lists already, and we know absolutely nothing except that we were rejected!

[Nennypops]

Don't worry about crying, appeal panels are very used to it. You'll get quite detailed information before the hearing.

[PanelChair]

Yes, they can get emotional, but panels are used to that. (There's often a box of tissues on the table).

They shouldn't, though, be antagonistic. It's up to the chair to ensure that (as far as possible) the discussions are measured and objective. The school/LEA and the parents may want to ask each other some fairly tough questions, but it ought to be done calmly and it shouldn't become hostile or bad-tempered if chaired properly.

[PanelChair]

It's a seemingly small point but quite an important one: what you expressed were not choices, but preferences. Sadly for you, the LEA could not accommodate any of your preferences because others were more highly placed in the schools' admissions priorities.

[MrsGrumpyPants]

Fair point PanelChair! I will try and keep that in mind in all my dealings with them. It nearly killed me being so nauseatingly nice on the phone last week when inside I was seething!

[nesstaylor27]

your council seem to be same as here no information why we didnt get any school we put down just letter in post thats it saying this school is where x is going and sorry couldnt allocated at a preference school and heres the appeal form. im phoning on tuesday to see if shes on waiting lists and if i can find where we came in missing out on all choices. xx

[MrsGrumpyPants]

Ness so sorry you're in the same position. It's horrid getting such bad news, then not being able to talk to anyone, or even go see the school you've been allocated against your wishes.

Is the timing usually so rubbish, ie in the middle of the school holidays??

[MrsGrumpyPants]

They're not here I'm afraid tiggytape! All I could do was arrange a callback "in 3-5 school days". Which as it's Easter holidays, is late next week at earliest!