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Got appeal today, got new information last night, can we use it?

5 replies

Blobbag · 23/06/2016 07:49

We are going to appeal this morning and found out some information last night, can we use it?

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prh47bridge · 23/06/2016 08:07

You can use anything you want. However, if you want to use new documentary evidence the appeal panel may decide to adjourn the hearing so that the panel and the admission authority can absorb the new evidence before reconvening.

lougle · 23/06/2016 08:08

I think it depends what information it is, whether you would need to get evidence, why you are appealing and whether it is an Infant Class Size Appeal.

In short, more detail needed to answer your question!

Blobbag · 23/06/2016 08:23

I don't want to say too much incase I end up cocking it all up by doing this message. I have an email from an MP regarding our situation.

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prh47bridge · 23/06/2016 09:23

An email from an MP is very unlikely to sway the panel. It is only really useful if it contains factual information that was not previously available. If you want to introduce this email you should be allowed to do so but the chair may decide to adjourn the hearing, either until later in the day or possibly until a later date, to allow everyone to absorb the information in the email, particularly if it is a long email or the admission authority need time to investigate and/or respond to the information it contains.

lougle · 23/06/2016 09:36

Yes. If it is an email that 'supports' your case, i.e. says that in the MP's view he thinks you should have a place and wishes you success, that doesn't actually help you because the panel is bound by law rather than opinion. Lots of MPs write lovely emails saying that if they made the rules your child would most certainly get a place and it's an outrage that your child can't go to your preferred school.

However, if it is an email with some factual information that strengthens your case and the LA should have known that information at the time of application (because don't forget apart from prejudice appeals, the appeal deals with the original application, so any information found after the deadline is information the LA couldn't be expected to use), then it may be useful, but the panel may want to adjourn.

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