Lost appeal - help....

@PanelChair both Birmingham and Walsall LAs wrote rather than called, if this also helps.

I'll mention this to my LEA - this sample of 3 LEAs might not be representative, but it suggests mine is out of step!

Hi OP - hope you manage some rest.
I had my own appeal hell last year and it was gut wrenching.
Hope you get the letter soon.

Thanks to all the experts who so kindly came to help another parent again.

My LEA don't call either for the same reason.

Having also looked at the letter, it's pretty strong, especially in the context of 3 appeals having been won. I think the letter will be crucial in figuring out what has happened.

That's interesting, admission. My LEA rings parents and schools to inform them of the decision as soon as the decisions are made, so at the end of the day or end of the session for that school if it goes over more than one day.

You do need to wait and see what the letter says, as this is the only clue as to what the panel were thinking. If others like PRH are saying the consultants letter was a strong recommendation then it is strange that others have been admitted but not your child.
Frankly it is bad process that the admission authority have given you an answer verbally, my LA will not do this because of the danger (and it has happened) that the admin person does give out the wrong decision.

Feel so sorry for you.

Our situation was different but similar. Child Protection, CAMHS Tier 3 and EHCP all involved, but the right decisions and processes on DS school failed completely. DS had been out of school for 4 months, and his anxiety/ASD symptoms went sky-high.

I had been going through all the formal channels, escalating, chasing, but getting nowhere.
MP involvement was what helped in our case. It ended up with DS's case being handled personally by the #2 in the LA Schools department.

Plan B had been to try the Press, if MP didn't work, but MP intervention was fantastic. The top level in the LA were desperate to get it resolved once they were being challenged by the MP on how had the processes failed this vulnerable child in such an extreme way.

If something appears to have gone wrong, which this thread sounds like might be the case, this might be helpful.

Wishing you all the best of luck.

Whatever has happened here, OP, it is not your fault. It sounds as if you presented your case in great detail, the psychiatrist’s letter also provided plenty of detail and supported your argument and (as Wooddie says) the appeal hearing examined it all very thoroughly.

I agree that it’s possible that there were other appeals that centred on the child’s need for social and pastoral support for various reasons, but in my experience it’s quite rare in those sorts of appeals for the parent to be able to demonstrate that the appeal school is better able to meet the child’s needs than any other; very often, it’s clear that the child is vulnerable but not that the appeal school is any better geared to provide the necessary support. Again, in my experience, the supporting evidence from professionals is often not very helpful, because it outlines the needs but does not say that the appeal school is better placed to meet those needs. As Wooddie says, it may be that the three successful appeals were rectifying errors in the admissions process - and we don’t have the complete picture here - but it all adds to my sense of surprise and that further examination of what went on is needed.

I sense from sitting on Panels that the financial pressures are meaning that popular schools have increased their PAN, are teaching in larger group sizes and have very limited support for SEN students. Generally this means schools cases becoming stronger than previous years and hence the prejudice rising significantly.

It is possible that successful appellants have been given a place at stage one (ie there has been a procedural error) and the strength of their case is irrelevant. The OP describes a hearing where the Panel were very thorough. Were there a number of appellants who were in similar situations who needed/wanted the school for the similar reasons who had similar evidence? Small, very caring high schools are very sought after by families for vulnerable children. Among the 60 there may well be children with significant social services involvement (but not in public care), children affected by bereavement, violence etc, children whose families have had to move for a serious reason and missed the application deadline who would have got a place..... All these may well be backed up by strong supporting evidence.

All that said the OP cases looks very strong but difficult to judge without the full context. Hopefully the letter will shed more light on the decision.

Something might have gone horribly wrong. The panel may have confused your child with another, the clerk might have rung you with another appeal’s outcome, the panel might have misread or disregarded the psychiatrist’s letter. I wonder too whether they homed in on one part of the diagnosis and took the view that it’s not a rare condition and another school could provide the right support. Or it could be none of these things. The decision letter might shed some light.

I agree completely. It will be interesting to see whether the decision letter gives us any clues as to what happened.

I confess I'm baffled. Had it been me on the panel I'd have found the letter pretty persuasive (although, of course, I'm looking at it now in isolation and haven't seen the school's case not to admit, and I don't know how strong the appeals that succeeded were). I've also discussed appeals on here which have succeeded on flimsier evidence and arguments than that (although again that may say something about the weakness of the school's case).

OP should wait for the decision letter but then seek legal advice from someone specialising in admission appeals (not a generalist high street solicitor) and pursue any and all options open to her, to get this looked at again.

I will happily take a look too.

No need to apologise. I normally say no to DMs but I'm so puzzled by what's happened here that I'd be happy to look at the psychiatrist's letter.

As with the others, I'm afraid I don't remember your previous thread, but I can see why yo7 are extremely disappointed. I am also happy to look at the refusal letter if you wish - PM me if you would rather keep it off here. It should clearly state how the panel deliberated and why they decided against you.

On these threads, we generally say that there’s no point getting lawyers involved. However, here, it does seem odd that what sounds like a very strong letter from the psychiatrist was not heeded. You should certainly examine all the options mentioned here and take legal advice. Please tell us more, too, about the wording of the outcome letter.

If there was something wrong with the way the hearing was conducted or there is evidence that they confused you with someone else it may be possible to get another hearing with a fresh panel. However, as PanelChair says, the ESFA and the LGO won't overturn the decision just because they disagree. There has to be something wrong with the way the panel arrived at the decision.

It is possible to go to judicial review. The courts take a wider view and will overturn appeal panel decisions if they are unreasonable. However, that is expensive and risky so you would need to take proper legal advice before going down that route.

As per my previous post, it will help if you can tell us the panel's reasons.