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Original poster

Our appeal was not upheld

33 replies

Gymbob · 25/05/2010 22:36

Hi All

This is my first post, so apologies if I was supposed to intro myself somewhere else first!

I'm hoping that someone out there can help us. Our appeal was rejected for our daughter's preferred secondary school. She has special needs, and is on the special needs register, but does not have an SEN. The school we appealed for is massively oversubscribed which was the reason for us not being successful. They also said that our daughter's needs can be met at our allocated school (we disagree), but half of them can be.

Since the appeal we have discovered that the chairman on the appeal panel is also a governor at our allocated school. We know that nobody connected with the school we are appealing for is allowed to sit on the panel, but is someone connected to the allocated school allowed to sit? I'm having trouble finding the answer.

Thanks so much for any replies, they will be so welcome.

Gymbob x x

OP posts:
Original poster
Gymbob · 27/05/2010 22:14

Thanks very much prh. I have contacted the allocated school today to ask whether the chair is still a governor but am still awaiting their reply.

Do you happen to know how else I might find out this information and be sure that it is bang up to date?

thanks

G xx

OP posts:
prh47bridge · 26/05/2010 22:51

I certainly think the chair would have been wise to raise the matter and allow you to decide whether or not to continue. You clearly feel strongly about this so I suggest you refer the case to the LGO. If they agree that this was inappropriate they will order a new appeal.

Original poster
Gymbob · 26/05/2010 20:24

Thanks all for your replies.

Sorry, I didn't quite explain myself properly, although you worked it out for yourselves!

She has special needs and is on the special needs register receiving school action plus, but she is not statemented. We have recently re-applied to have her assessed for a statement of SEN, but were refused because the school does not give her 15 hours of support.

I had quite categorical expert backing from teachers, hospital consultants, etc clearly stating that the school we were appealing for was the closest and most appropriate school to meet our daughter's needs. She has very specific difficulties, and needs a particular environment for her to flourish. The panel obviously disagreed and took the mountain of support we had as opinions and not facts.

I have been told today that the chair on the panel is possibly no longer a governor at our alloocated school, and I intend to find out for sure. He certainly still was when the school's prospectus went to print last summer. To me this still suggests that he was not sufficiently neutral to sit on the panel.

Does anyone agree?

Thanks a lot

G x

OP posts:
PixieOnaLeaf · 25/05/2010 23:46

This reply has been deleted

Message withdrawn

admission · 25/05/2010 23:42

PixieOnaleaf,
I suspect that gymbob meant to say that daughter has Special Needs but has not got a statement.

I would have to agree that unless you can categorically prove that only the applied for school could meet your daughter's needs that you will not win an appeal. The LA will always argue that any school can manage the special needs of a pupil who is not statemented and it is very difficult to argue against that.

Having said that for the Chair of the Panel to have a direct relationship to the school you have been allocated and do and say nothing is unacceptable. Regretably sometimes things do happen where a connection comes to light. I would accept that it probably did not become apparent till part way through stage 2 but at that point they really ought to have called a short adjournment to discuss with the Clerk. I would have expected that talk to have resulted in the Chair informing both you as the appealant and the Local Authority of the connection and asking whether in the circumstances you wanted to continue. That is set down in paragraph 1.15 of the admission appeals code. I would ask for a ruling from the LGO on this, but frankly even if they ask for a second appeal to be heard I don't think you will win based on what you have said in the post.

prh47bridge · 25/05/2010 23:30

Pixie - I presume the OP means she doesn't have a statement, hence my suggestion of getting her assessed with the intention of getting a statement. That would avoid the need for another appeal completely, nor would it be necessary to prove that the other school will not meet her needs.

To clarify, as part of the process of producing a statement the parents are asked what school they want their child to attend. There are only very limited grounds under which the LA can refuse to accept this choice. They certainly can't refuse simply on the basis that there is another school which will meet the child's needs. Once the preferred school is named on the child's statement, the school HAS to admit her even if it is full.

PixieOnaLeaf · 25/05/2010 23:11

This reply has been deleted

Message withdrawn

prh47bridge · 25/05/2010 23:08

Being connected to the allocated school doesn't directly disqualify someone from sitting on the appeal panel. However, panel members are supposed to disclose "whether there may be any potential for their independence and objectivity to be challenged in relation to a particular school or family." If you feel the chair should have disclosed his connection to the allocated school you could try referring the case to the Local Government Ombudsman. Even if they agree with you, the most you can expect is a further appeal with a new panel.

Since your daugher has special needs which you think will not be met at the allocated school, you could ask for an assessment of her needs. This may lead to a statement of SEN which would give you another way of getting your daughter into your preferred school without the need for a further appeal. There is, however, no guarantee that the assessment would lead to a statement.