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APPEAL TOMORROW!!

113 replies

Hye000 · 11/05/2023 22:06

We have our appeal tomorrow and I am absolutely scared to death, so worried and just petrified it’s not going to go our way. Two other families we know who have had there appeal already, aren’t convinced it was worth while and one family have been offered a place for a school that was on their list so I am guessing there appeal won’t be upheld if the panel have offered a place elsewhere. I’m worried my emotions are going to get in the way and also worried how to summarise my case when my time comes to speak 😩😭

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NeverDropYourMooncup · 20/05/2023 11:33

NeverDropYourMooncup · 20/05/2023 11:32

Sheer logistics. There's more than just one email involved to get everybody notified and children entered onto the various systems. Especially as the person at the school could well have many other things going on at the same time (could give a list of everything that happens right now that are statutory requirements but I'd be here all day typing it) if they even work fulltime in the first place. If one person gets the letter, they then call/email to ask for uniform, induction dates, term dates, etc, etc, which then holds up the processing of anybody else, who then calls/emails because they haven't heard yet.

It's a far more sensible/realistic thing to do all the background stuff first for everyone and then send it all out in one go.

I’m going to call the first thing Monday and check it will definitely be coming through Monday so we aren’t left waiting again

..which, understandable though it is, proves my point.

NeverDropYourMooncup · 20/05/2023 11:32

NatM70 · 19/05/2023 17:29

The Panel we had made their decisions the day after the appeals ended, last Friday.
The school knew about their decision just after lunch last Friday.
I do understand why we had to wait, as the decision letters are very comprehensive.
But I do not understand how the school can put a stop to letters being sent out, as the Panel's decision is binding for all.

Sheer logistics. There's more than just one email involved to get everybody notified and children entered onto the various systems. Especially as the person at the school could well have many other things going on at the same time (could give a list of everything that happens right now that are statutory requirements but I'd be here all day typing it) if they even work fulltime in the first place. If one person gets the letter, they then call/email to ask for uniform, induction dates, term dates, etc, etc, which then holds up the processing of anybody else, who then calls/emails because they haven't heard yet.

It's a far more sensible/realistic thing to do all the background stuff first for everyone and then send it all out in one go.

knotordinary · 20/05/2023 10:56

... I do wonder what would have happened if we've spotted the prejudicial interest in the time between the panel making their decision and it being delivered to the parent. Any thoughts on whether that might prompt a re-hearing with a different panel @prh47bridge ?

knotordinary · 20/05/2023 10:38

Our school lost an appeal a few years ago. The reasons given were indefensible (incorrect 'facts' were quoted), and one of the panel members who was very vocal at the hearing turned out to have an undeclared prejudicial interest. We could have taken it to judicial review, but didn't because it's too much time/money/hassle. Instead, we just made it clear to the LA that we would not accept that particular panel member again in future. We haven't lost any appeals since then.

prh47bridge · 20/05/2023 07:44

It is extremely rare for a school to take an appeal panel's decision to judicial review. Unfortunately, no-one can take away the right of either side to refer an appeal panel's decision to judicial review. If that is what they are considering, I hope they are sensible and decide against it as it will cause considerable delay if they go ahead.

Hye000 · 20/05/2023 00:18

prh47bridge · 19/05/2023 20:40

The school could take it to judicial review, but their chances of success are vanishingly small. They would have to show that either the panel didn't follow the correct process and this disadvantaged them (unlikely) or that the panel's decision was Wednesbury unreasonable, which essentially means irrational (also unlikely). It would almost certainly be a waste of time and money for them.

Seriously?! But the likelihood of the school wanting a judicial review would only happen if the panel have upheld multiple appeals I guess? They aren’t going to go to all that effort for one or two are they… could this delay even later than Monday then? I’m going to call the first thing Monday and check it will definitely be coming through Monday so we aren’t left waiting again, this is ridiculous and so unfair on these kids

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NatM70 · 19/05/2023 22:31

Hye000 · 19/05/2023 20:33

Thank you, just got to wait it out.

we had our hearing last Friday so it’s been a week, we were one of the last ones luckily! But we’ve been this stressed since 1st March so it’s just gone on for too long 🫤

So realistically the Panel might not have decided until this Monday if hearings are still going ahead on Friday?
But even so, if you were told you'd hear today then you should have.
Mine was last Tuesday and I was told we would hear today, so nine very long days with them letting us know a day early.
Yes same here, a battle started that day, so it has been 2.5 months of so much uncertainty and worry.
Really hope you hear very early on Monday.

prh47bridge · 19/05/2023 20:40

The school could take it to judicial review, but their chances of success are vanishingly small. They would have to show that either the panel didn't follow the correct process and this disadvantaged them (unlikely) or that the panel's decision was Wednesbury unreasonable, which essentially means irrational (also unlikely). It would almost certainly be a waste of time and money for them.

Hye000 · 19/05/2023 20:33

NatM70 · 19/05/2023 19:03

@Hye000

But as the experts say, it is bizarre and doesn't change anything.
School can't overturn the Panel's decision, just like us parents cannot - If I'd lost, I'd have just had to accept it.
I don't think the Clerk would have delayed anything if me as a parent had asked them to.
It is all so strange.
But do listen to @PanelChair and @prh47bridge because they are chair / panel, so if anyone knows anything, it will be them.

I'm so sorry for you, the ten days I waited dragged and even though I didn't anticipate it, it was more worrying than I expected. I guess I didn't look past the hearing, I was not prepared for the worry of the waiting game.

How long have you been waiting so far?

Thank you, just got to wait it out.

we had our hearing last Friday so it’s been a week, we were one of the last ones luckily! But we’ve been this stressed since 1st March so it’s just gone on for too long 🫤

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NatM70 · 19/05/2023 19:03

Hye000 · 19/05/2023 18:17

It’s making me wonder whether they have had a lot upheld and the school are trying to find some way of getting out of taking that many… I just can’t see any other reason why they would cause a hold up now at the last hurdle!

@Hye000

But as the experts say, it is bizarre and doesn't change anything.
School can't overturn the Panel's decision, just like us parents cannot - If I'd lost, I'd have just had to accept it.
I don't think the Clerk would have delayed anything if me as a parent had asked them to.
It is all so strange.
But do listen to @PanelChair and @prh47bridge because they are chair / panel, so if anyone knows anything, it will be them.

I'm so sorry for you, the ten days I waited dragged and even though I didn't anticipate it, it was more worrying than I expected. I guess I didn't look past the hearing, I was not prepared for the worry of the waiting game.

How long have you been waiting so far?

Hye000 · 19/05/2023 18:17

It’s making me wonder whether they have had a lot upheld and the school are trying to find some way of getting out of taking that many… I just can’t see any other reason why they would cause a hold up now at the last hurdle!

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PanelChair · 19/05/2023 18:04

I also find it bizarre.

prh47bridge · 19/05/2023 17:48

I don't see why the clerk has allowed the school to do this. It doesn't change anything.

NatM70 · 19/05/2023 17:29

Hye000 · 19/05/2023 17:06

I wouldn’t mind if it was just one day but the whole weekend and then potentially all day Monday aswell. Ridiculous when the panel have already made a decision that is binding by law, what is there to discuss or sort out 🤦‍♀️

The Panel we had made their decisions the day after the appeals ended, last Friday.
The school knew about their decision just after lunch last Friday.
I do understand why we had to wait, as the decision letters are very comprehensive.
But I do not understand how the school can put a stop to letters being sent out, as the Panel's decision is binding for all.

Hye000 · 19/05/2023 17:06

NatM70 · 19/05/2023 17:02

Oh gosh.
What a disappointment, I'd be really upset having geared up to hear today.
I have no idea why they've done this as I'm no expert.
Like you said, it is the Panel's decision, so I don't know why school have been allowed to do this.
Hopefully the experts can cast some light on this for you.
I'm gutted for you having to wait when you were told today.

I wouldn’t mind if it was just one day but the whole weekend and then potentially all day Monday aswell. Ridiculous when the panel have already made a decision that is binding by law, what is there to discuss or sort out 🤦‍♀️

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NatM70 · 19/05/2023 17:02

Oh gosh.
What a disappointment, I'd be really upset having geared up to hear today.
I have no idea why they've done this as I'm no expert.
Like you said, it is the Panel's decision, so I don't know why school have been allowed to do this.
Hopefully the experts can cast some light on this for you.
I'm gutted for you having to wait when you were told today.

Hye000 · 19/05/2023 16:45

@NatM70 just called the Appeals team at the council to check it was definitely today (they told me yesterday it would be), he told me the clerk said the school have put a stop to them being sent out today, he doesn’t know why but they will be out on Monday… so frustrated and stressed, just want this to be over. I don’t get why or how the school can do this.. they have no control over what the panel decide so what are they trying to do @PatriciaHolm @prh47bridge any ideas or experience in this occurring?

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NatM70 · 19/05/2023 07:22

Hye000 · 19/05/2023 06:46

Totally agree, every day does feel like a month! So glad it’s not just me that’s felt like that and been constantly checking my emails and stuff. Really don’t want to get my hopes up but same as you I felt like the panel were asking good questions and really trying to get to know my daughter. Even asked how she would cope in the allocated school as it’s such a big school etc. will let you know later hopefully! 🤞🏽🙏🏽 xxxxx

@Hye000
I think it is only natural when something means so much to you.
That sounds positive.
They really tried very hard to get a picture of my child - Even my husband who managed to join me for stage 2, and who is a total pessimist, said he thought the panel seemed to want to enhance our case.
He went as far as to say, he thought they'd made their decision before we entered the room, and anything we said or were asked was just to strengthen our case in their minds.

Not sure if this can even happen, I know it does if you can't be present, so who knows.
My written appeal was very long though, so there may be an element of that, but that's just me speculating, and I've no idea if they can even do that.
The written decision letter I received is very comprehensive, hence why I think it took so long.h
They had to write that to every single appeal, and it was all about the school's case and my child and what they'd taken in to consideration.
To do that for over 20 appellants, I can see why we had to wait. Panels work very hard, and for free!
They didn't ask me about the allocated school, but that's because I spoke about it quite early on in the appeal and said that my child wouldn't be able to completely be removed from the bullies as he'd see them at break, lunch, and doing the same journey as them. Whereas the preferred school takes him away from that completely.
If I'd not said that, I'm sure they would have asked.
I feel really positive for you.
Please let me know as soon as you can! 🙏xx

prh47bridge · 19/05/2023 07:17

SuperSue77 · 18/05/2023 23:06

I can’t believe you are all having to wait so long. I thought you had to be told within 5 school days. Or is it 5 school days from when the last appeal is heard. Our hearings are Mon- Tues next week and the panel will decide on the Thursday, so I was hoping we might hear on the Friday, but who knows. It’s half term straight after so I hope they don’t keep us waiting until after then 😬

The panel can't make any decisions until they have heard all the cases, so 5 school days from when the last appeal is heard.

Hye000 · 19/05/2023 06:46

NatM70 · 18/05/2023 23:10

@Hye000
Thanks so much!
Absolutely over the moon.
Every day has seemed like a month!
Checking emails every few minutes, it has been very hard.
My boy is absolutely thrilled to bits.
It's like a weight's been lifted.
I was the same as you and analysing everything over and over.
But I felt the panel really tried to help me rather than hinder me. They suggested things that helped my case, I couldn't have wished for a better panel. They really seemed to care about what was best for my boy.
I'm really praying for you too, I really am 💖
Please let me know!

Totally agree, every day does feel like a month! So glad it’s not just me that’s felt like that and been constantly checking my emails and stuff. Really don’t want to get my hopes up but same as you I felt like the panel were asking good questions and really trying to get to know my daughter. Even asked how she would cope in the allocated school as it’s such a big school etc. will let you know later hopefully! 🤞🏽🙏🏽 xxxxx

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Hye000 · 19/05/2023 06:44

@SuperSue77 our appeal school has had 3 weeks of appeals! I’m so glad we were one of the last as I would have been an inpatient somewhere by now… seriously!! First appeal was 3rd May!!! Last was 15th so they have until Monday latest but when I called they said we should hear by the end of the week which is today 🥴🫤🫣 I’ve turned my notifications on for my emails because I’m just checking constantly, it’s taking over my life. I’m going on holiday next week and I haven’t sorted anything because I just don’t have the brain power to think of anything else until I know! I never want to have to go through this again, it has been horrendous!

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NatM70 · 18/05/2023 23:14

SuperSue77 · 18/05/2023 23:06

I can’t believe you are all having to wait so long. I thought you had to be told within 5 school days. Or is it 5 school days from when the last appeal is heard. Our hearings are Mon- Tues next week and the panel will decide on the Thursday, so I was hoping we might hear on the Friday, but who knows. It’s half term straight after so I hope they don’t keep us waiting until after then 😬

I've waited 10 days.
The appeals were over three days (I was heard on the first day, 9/5) and they had to let us know five working days after the end of all appeals, so tomorrow was the latest date, but they let us know today.
They have to decide, then write up comprehensive detailed letters to all parents - given the length of the deciding letter I received today, I can see why it takes so long.
But the waiting is so so hard!!

NatM70 · 18/05/2023 23:10

Hye000 · 18/05/2023 22:54

OMG NatM70!!! I’m so so so pleased for you! I bet it’s been the longest wait but so worth it for that outcome at the end. Parent win!! Good for you ❤️ your DC must be so pleased (probably not as pleased as you thought!).

I just find out tomorrow latest so my nerves are just creeping even more than they already are, I just keep running through everything in my head, second guessing what they were asking questions about and how they felt about my answers. Praying so hard for my daughter, she really needs this!

so happy for you and your DC, I know how much this means to you guys ❤️❤️❤️

@Hye000
Thanks so much!
Absolutely over the moon.
Every day has seemed like a month!
Checking emails every few minutes, it has been very hard.
My boy is absolutely thrilled to bits.
It's like a weight's been lifted.
I was the same as you and analysing everything over and over.
But I felt the panel really tried to help me rather than hinder me. They suggested things that helped my case, I couldn't have wished for a better panel. They really seemed to care about what was best for my boy.
I'm really praying for you too, I really am 💖
Please let me know!

SuperSue77 · 18/05/2023 23:06

I can’t believe you are all having to wait so long. I thought you had to be told within 5 school days. Or is it 5 school days from when the last appeal is heard. Our hearings are Mon- Tues next week and the panel will decide on the Thursday, so I was hoping we might hear on the Friday, but who knows. It’s half term straight after so I hope they don’t keep us waiting until after then 😬

Hye000 · 18/05/2023 22:54

OMG NatM70!!! I’m so so so pleased for you! I bet it’s been the longest wait but so worth it for that outcome at the end. Parent win!! Good for you ❤️ your DC must be so pleased (probably not as pleased as you thought!).

I just find out tomorrow latest so my nerves are just creeping even more than they already are, I just keep running through everything in my head, second guessing what they were asking questions about and how they felt about my answers. Praying so hard for my daughter, she really needs this!

so happy for you and your DC, I know how much this means to you guys ❤️❤️❤️

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