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Original poster

Independent appeal panel. Can someone explain.

64 replies

gaba · 14/01/2014 14:22

I am probably missing something, and I am sure I am just stupid but, I have a few little questions:

Who decides on the members who make up the panel?
Can anyone apply to be on the panels?
Where do they look for panel members?
Do they always use the same panel members?
What can we (the appellants) know about our panel?
What checks and balances are carried out by what authority to establish the Independence of the members?
If I were to find out something disturbing about a member what can I do?
If the answer to any of the questions is the LEA and the school you are appealing against is its own authority as many are these days, how can these appeals possibly be called independent?

Just imagine if in a court of the jury was always made up of the same jurors, and they were all on day release from prison, and, for some reason they always found in favor of the defendant. Imagine if the over subscribed prison service were paying the cons expenses while they served as jurors. Do you think the public would have faith in the system?

My apologies in advance to those who do serve on panels, and I know are true honest and give invaluable advice on these forums, but that little analogy may help you guys can see it from the eyes of an independent member of the public.

OP posts:
curlew · 14/01/2014 22:32

If the only place available for your child is more than a certain distance away (in our LEA I think it is 3 miles) the LEA pays for travel. No need to go through the courts- that's just what happens. So there is more to this than meets the eye.

titchy · 14/01/2014 22:31

HAVE YOU APPLIED FOR SCHOOLS IN ESSEX?

ComeIntoTheGardenMaud · 14/01/2014 22:31

but unless I accept their offer I cannot find out.

I'm getting confused here. I thought the only offer made was for the school 33 miles away. Has there been some other, second offer?

hoobypickypicky · 14/01/2014 22:30

I'm even more confused now!

Original poster
gaba · 14/01/2014 22:27

VworpVworp

The service I am referring to is the 'get your kid into the school of your choice' service available to all mums with the means.

OP posts:
Original poster
gaba · 14/01/2014 22:26

hoobypickypicky

They havn't made it clear TBH. They have told me I am not entitled, but unless I accept their offer I cannot find out.

If I were to accept their offer and they do have a way out of it, then I would be stuck with the job myself.

Since they have more money to spend on their legal department than their education department I wouldn't be at all surprised.

OP posts:
titchy · 14/01/2014 22:26

What service would you have to pay for to apply for a place at a nearer school? An hours worth of phone calls followed by an hour at most fing in an application form and sending it to Essex.

VworpVworp · 14/01/2014 22:24

If that is genuinely the only place available, then you do not have to 'chase them through the courts'. The law says anything over 2 miles (up to 8yo) or 3 miles (over 8yos) transport is provided (usually in the form of a bus pass).

Yes you do have to accept what the council offers- they are obliged to offer the nearest community school with places.
I really do not understand your comment to scaveola - 'I don't have the money to pay for that service'. What service are you referring to?

Original poster
gaba · 14/01/2014 22:20

scaevola

It may be true that there are vacancies at a school nearer, but I don't have the money to pay for that service.

I just have to accept what the council offers, and right now it is obvious they just want me to go away.

I HAVE BEEN TOLD QUITE CLEARLY BY THE COUNCIL TO DO HOME EDUCATION, and stop bothering them.

I hope that clears things up.

OP posts:
hoobypickypicky · 14/01/2014 22:20

So, Gaba, if the school offered to your child is 33 miles away, and in view of the law here which says,

"All children between 5 and 16 qualify for free school transport if they go to their nearest suitable school and live at least:

2 miles from the school if they’re under 8
3 miles from the school if they’re 8 or older
Find details on free school transport from your local council.

If there’s no safe walking route, they must be given free transport, however far from school they live. Contact your local council if you think that the walk to school isn’t safe.",

what reason has your council given for not offering your child free transport? Confused

titchy · 14/01/2014 22:15

But did you ever apply to schools in the neighbouring borough?

Original poster
gaba · 14/01/2014 22:03

Just in case I have not made this entirely clear already, no they have never offered a place at a closer school.

The only offer ever made was for the school miles away.

The council here are one great XXXXXXXX, I hear it will be worse for primary schools in the coming years too.

OP posts:
Original poster
gaba · 14/01/2014 21:57

What happened there?

Vworp

Have they offered a place at a closer school?

Answer NO

Don't know why people are saying otherwise.

OP posts:
Original poster
gaba · 14/01/2014 21:56

NO

OP posts:
titchy · 14/01/2014 21:51

OP has rejected closer schools (in neighbouring county). Her dc is in year 10......

VworpVworp · 14/01/2014 21:33

Have they offered a place at a closer school? Hmm

Original poster
gaba · 14/01/2014 21:18

Yes there are hundreds of schools closer, but the only one they are offering is the other side of the county.

Maybe I would be entitled to free transport, but I don't have the wherewithal to chase them through the courts to get it.

All I can do is keep trying.

OP posts:
cory · 14/01/2014 21:04

Ah, that explains it. If they can get away with no transport/cheaper transport because less far, then clearly it is their duty to try to do so (saving taxpayers' money) unless there is a special reason (such as disability) why your dc do need to attend a more distant school.

scaevola · 14/01/2014 20:48

gaba: you received a lot of good advice on our previous thread. In which it was clear that your LEA had made to offers twice, and there are vacancies at a school nearer to you than the 33 miles which is why they are not offering you transport.

ComeIntoTheGardenMaud · 14/01/2014 20:44

For those of us who didn't see/don't remember your previous threads, can you give us a synopsis? I'm assuming mid-year move but what year groups are your children in? Any compelling circumstances beyond (naturally) wanting places in a local school? How many waiting lists are you on?

cory · 14/01/2014 20:38

But surely if it is 33 miles from where you live your dc would be entitled to transport?

Original poster
gaba · 14/01/2014 20:36

Thanks everyone.

Last time I posted on here everyone just attacked me, this time its mostly useful. I know I am not blessed with tact, but I just cant help myself but to say what I see in front of my eyes.

Yes I'm still trying to get a place, yes the council have offered a place but it would mean a 66 mile round trip for me every day and I would have to sleep in the car all day while they were there. So no I have not accepted their kind offer of the school place that they have been legally obliged to offer.

Right now I am faced with yet another impossible appeal, I am at my wits end, I don't know what to do.

OP posts:
cory · 14/01/2014 19:23

my experience was that the people with a strong case got in, the people without a strong case (who just "wanted" this particular school because it was supposedly the best one) didn't

So your best bet here is to prepare the case as carefully as you can:

make it positive not negative (so nothing about how school Y is shit and you don't want your dc there, all about why they need to go to school X)

never ever make any exaggerated statement either in your written appeal or during your hearing- it will lose you credibility; make sure any statement you make can be factually proved

make sure you have correct statistics backed up by paperwork about anything you wish to claim in evidence, e.g. correctly measured distance to your house, bus/train timetables to show length of travelling- don't rely on the panel to do this (my dh brought plans of the relevant schools to illustrate lack of disabled access)

make sure you focus on your dc's needs and not your own

do not introduce any negative speculation about the LEA and the way it conducts its affairs- this is about your dc's need for this particular school, not about anything else

acknowledge the basic premiss- namely that letting more children into an already full school is going to have a detrimental effect on the children already there: your argument is that the detriment to your dc on not getting in will outweigh this

keep calm (in our case, the LEA had been totally idiotic, so my keeping calm and pleasant at all times just made them look even sillier)

ireallyshouldbeworking · 14/01/2014 19:21

Hi Gaba,
I run a pro bono unit which provides completely free advice and representation for parents at any stage of the exclusion process, including appeal/ review panels. If you are asking because you have a child this applies to, or you have concerns about your own panel, please do PM me and I will be happy to see if we can help you. If you're interested in the independence etc of the panels in general though, I'm sure the experienced panellists on this thread are better placed to let you know what the recruitment process/ regulation of panelists is like!

lougle · 14/01/2014 19:17

Don't forget that the Appeals Panel is subject to the scrutiny of the Local Government Ombudsman (LGO), or Education Funding Agency (EFA) for academies, which means that if a parent feels they should have won their appeal, the LGO can review the decision.