Local Government Ombudsman/appeals

[mistynight]

Hello new member and advice very much needed.

I lost a junior year3 appeal. I have been advised to refer it to the Local Government Ombudsman. If the Local Government Ombudsman decide I am in the right about appeal and I know they may not say that. Do I have to use same appeal as the one that failed? Can I add any new info etc. Also will it effect my place on school waiting list if I had a chance at a second appeal? Not sure yet if I will take this route. Are there any good reasons to put myself through a second appeal when first one failed. Thanks

[BetsyBoop]

I'm sure one of the mumsnet admissions gurus will be along shortly with some more detailed help, but there is some good info about referring to the LGO on this thread to start you off.

[prh47bridge]

There are three possible outcomes from a referral to the LGO. The LGO may:

• decide you were wrong
• may order a fresh appeal
• recommend that your child be admitted

The third outcome is relatively uncommon but it does happen sometimes.

If the LGO orders a fresh appeal it is completely fresh. The LA has to provide a new panel. You can stick with your existing case, add new evidence or even go for a completely different case.

Getting a second appeal will make no difference to your place on the waiting list. That is entirely independent of any appeal process.

What are your grounds for referring the case to the LGO?

[BetsyBoop]

As I was saying, one of the gurus would be along in a minute

[mistynight]

Will the new panel know that it is a second appeal? Also will it be same person from the LA to put the admissions case forward?

Grounds are medical. Don't want to say to much at moment. Thanks for advice all new this appeal lark.

[prh47bridge]

The new panel will not know that it is a second appeal. It is up to the LA who puts the case forward. It may be the same person.

I was interested in your grounds for referral to the LGO, not your grounds for admission to the school. Simply thinking the appeal panel made the wrong decision is unlikely to get you anywhere. The LGO is not another level of appeal. They will only get involved if the appeal was handled incorrectly. This can include the panel arriving at a decision which is contrary to the evidence and/or the provisions of the relevant codes. However, if the panel could reasonably arrive at the decision on the evidence presented and the appeal was run correctly, the LGO will not overturn the result of the appeal.

[admission]

The key to a second appeal is that whilst it is with a second panel, the clerk will know exactly why the first appeal has been referred back and will make sure that appropriate facts / legal advice are put to the panel. Does not in any way guarantee a successful conclusion but it will not fail for the same reason.

Having sat on a few cases that have been referred or the LA have agreed should be re-run, whilst the panel is not told it is a rehearing a sensible panel usually picks up the vibes. Or alternatively the parent blurts it out within 10 seconds of the first question to the LA.

[mistynight]

Ta for advice. The LGO have taken on my case. Just hope the LEA are quick in getting back to LGO with the information they need. I still understand that the LGO may not find in my favour but at least they are looking into it.

[mistynight]

Does anyone have experience of how long a LEA should take in sending info to LGO? What is the kind of average time scale?

Thanks

[prh47bridge]

The LGO sets a deadline so the LA can't simply drag the process out. I'd have to check when I'm at home but I'm pretty sure that both my cases with the LGO took around 3-4 weeks to resolve. That's the time from the date I contacted the LGO to the date of the LGO's decision letter. They try to deal with school admission cases quickly.

[mistynight]

Thanks prh47bridge I read mixed things about the LGO but hope they are able to help me. Guess a lot could depend on what is written in the clerks notes. Why does school admission have to be so hard.