Adjudicator case ADA3141

[keephope6]

Hi does anyone know when this case was first heard? Thanks

The LA objected in May 2016. The adjudicator ruled in their favour in Nov, but the diocese have lodged an appeal and the high court have granted a stay on the effect of the determination. Judgement had not yet been handed down so admissions arrangements have not changed.

It also applies to a secondary school, not primary.

Do you know what has been stayed? My understanding is that the adjudicator ordered the admissions authority to amend it's arrangements within 2 months, and I presume it is this that has been stayed.

Put another way, I presume the original outcome is still binding until such time as the high court set it Aside?

Can a tribunal defer their decision pending the outcome of this high court case? The code says they must notify us of the decision within 5 school days, unless there is good reason.

Do you know if there is a general consensus which way it will be decided?

The decision of the adjudicator has been stayed, so the admissions criteria remain as they are for this year. The high courts decision is due soon but even if they uphold the objection to the criteria, it will be too late for this year.

I can't see how it's relevant to your ICS case to be honest?

And no, a panel won't stay their decisions based on this.

Not sure if you are aware, but I've just come across this....

fairadmissions.org.uk/catholic-education-service-climbs-down-in-bid-to-reinstate-its-unfair-and-arbitrary-school-admissions-rules/

If this is true, what has happened to the stay? How do we find out??

Is your case that you were wrongly denied a CCP?

What is the nature of your ICS appeal?

You have mentioned that your child has a sibling at the school, and that you believe that all 3 of the following apply:

• That the school has admissions arrangements that are unlawful
• That a mistake has been made that has denied you a place
• That the decision not to admit your child meets the legal definition of unreasonable.

However, the questions that you have asked on this board have made points that are tangential at best, irrelevant at worst, to an ICS appeal. If you could give some indication of what your case actually is, then perhaps the experts here can provide more support?

PatriciaHolm, an experienced panel member / chair IIRC, has warned you about the potential issue of pursuing irrelevant issues, and has also offered to look at your case. I know that in the past prh47 and admission have done sterling work with people who have wanted to make particular cases as strong as possible?

For your appeal, it is irrelevant. The school you are appealing for does not ask for a CCP, just proof of baptism, which is completely different.

You really need to focus on the relevant points; pulling in other catholic school adjudicator cases which have no bearing on your case will just drag things out and risk making the panel think you actually have nothing relevant to say and are just throwing stuff at the appeal.

Agree with PatriciaHolm.

This would only be relevant to your case if the school used the CCP, you were a Catholic and you had been unfairly denied a CCP. If the school does not use the CCP this decision from the Adjudicator is entirely irrelevant. Trying to use it to justify your appeal will not help you and could detract from any good arguments you have.

This would only be relevant to your case if the school used the CCP...

Agreed

...., you were a Catholic and you had been unfairly denied a CCP

As the CES have clarified that the CCP should only be granted following 5 years' regular (weekly + Holy Day) practice, surely it would also apply if you knew, or had reason to suspect, that CCPs had been granted to families with less service, and that they had gained places on the back of those CCPs, potentially denying you a place.

Seems wide open to appeal for 2017 admissions if you ask me. But of course they waited until after the Appeal Deadline to announce the CES climbdown outcome, so unless people are already in the process they presumably won't be able to make use of it.

As the CES have clarified that the CCP should only be granted following 5 years' regular (weekly + Holy Day) practice, surely it would also apply if you knew, or had reason to suspect, that CCPs had been granted to families with less service, and that they had gained places on the back of those CCPs, potentially denying you a place

It would be difficult to prove. But yes, if you could show that someone had been given a CCP incorrectly and your child had lost a place as a result that could be the basis for a successful appeal. It would not be enough to show that your child might have got a place. You would have to show that your child would have got a place.

Also, you can appeal for a place at any time, the only caveats being you can only make one appeal for each academic year unless your circumstances change markedly - the "deadline" is merely to help admissions authorities group together appeals for the same school, and have them all done by the end of term. It doesn't mean people can't appeal now based on these grounds if they so wish.

However, as PRH says, it would be very hard to prove someone was given it falsely, and you would also need to prove that the error cost you specifically a space, not just that it was an error.

Hope today's appeal went OK.