Reception class appeal Friday - Help!

[JCHB]

I have an appeal on Friday for a reception space in September 2012. What happens if an appeal is not heard within the 40 school days or end of the summer term, whichever comes sooner, which in my case is the 40 school days? I lodged my appeal on 24 May and so I worked out the 40 school days were up on Thursday 19 July, but my appeal is being heard on Friday 20th July? Can anyone advise on this as I feel that is breach of the appeals procedures. I had my original appeal hearing adjourned which would have been inside the timescale as a panel member did not attend on the day.

Hi JCHB. Our original appeal was postponed and it is now being held in the second week of the summer holidays. We only got written notification of the new date yesterday and have been asked to waive our right to 10 school days notice, otherwise the appeal can't be held until late September. I am happy to do this but some other parents will be on holiday for the new date and are very unhappy.

I don't think there's any comeback, I think it's just tough. They have to try and do it within the timescales but there are no penalties if they don't.

Hopefully an expert will be along soon to confirm . . .

Oh dear, I was sure that by law all appeals had to be heard before the school summer term ended. I have had problems with my appeals papers, that did not turn up until the day before my original appeal date, but I have never been asked to waive any right of notice. I was told if they didn't hear your appeal within the time limits set, that they have to give you a place?

No breach here.

For a start I don't think you've taken half term into account. Most schools were off for 5 or more days starting 4th June, so those don't count as school days. Looking at the school my children go to, 40 school days from 24th May takes us into September as the summer term finishes before the 40 days is up.

Secondly, even if your dates are correct, the LA has complied. By your own admission they arranged the appeal within the timescale. It is not their fault that a panel member didn't turn up.

Finally, even if there was a breach the most that would happen is that the LA would get a mild slap over the wrist from the LGO. The only way it would help you is if you could prove that you had been disadvantaged by the delay and made it harder for you to win your appeal, which is highly unlikely, especially when you are suggesting they are only one day late.

Thank you for clearing that up, I couldn't find in depth information anywhere on this and everyone states a different story.

Whether the 40 school days have elapsed or not, I think it highly unlikely that any appeal panel would consider for a minute admitting a pupil for a simple technical breach of such as this which has zero effect on whether the pupil should have been given a place.
Sorry but you need to concentrate on the reasons why your child should have a place at the school for the appeal hearing, not this red herring.