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Primary education

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Appeal Hearing! What to expect?

15 replies

SunsetOnTheHorizon · 14/09/2018 10:09

Hi all.

My DS was put on a waiting list for the local school as his year was over subscribed. I have since appealed this decision based on medical grounds.

Bit of back story. Recently moved tp a new area and my DD has secured a place in the same school whereas DS was put on the waiting list, hence appeal.

DS has had a brain injury few years ago and his sister moving school has triggered a angry, volatile and anxious persona.

I have appealed due to the school being so near whereas currently Im currently driving 20 minutes tp drop him off. I have added the medical info into the appeal form too.

Heating date has been set. Are there any parents or guardians that have attended a appeal hearing. What should I expect and how should i strengthen my case?

TIA

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SunsetOnTheHorizon · 14/09/2018 10:11

Excuse the typos. 1 year DS is hanging off my leg!!

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SunsetOnTheHorizon · 14/09/2018 10:17

Bumping this. As I would really appreciate some advice.

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SunsetOnTheHorizon · 14/09/2018 12:17

Could I add into the equation of the negative effect our car has on the environment doing the morning school run?

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titchy · 14/09/2018 12:40

Do you have his consultant's recommendation that only this school suits his needs? What year group btw? You could only use the car journey if your consultant says travelling by car is bad for him, and that there is no nearer school he could walk to. You're appealing FOR a school, not against the one you've got.

myrtleWilson · 14/09/2018 12:44

Hi - am sure one of the experts will be along shortly but a few quick comments/queries

  • which year is your DS applying for as that will determine the regulations the appeal panel work with
  • re the driving - as far as I understand parental logistics are not a strong ground for appeal - whilst the panel may be sympathetic they won't usually grant on logistics grounds. The environmental point - I don't envisage - will hold water.
  • appeals are more likely to succeed where you can demonstrate that the school you're appealing for meets your child's needs - whether academically, pastorally, strong evidence of SEN provision.
  • Given his injury you may have a medical opinion to support your application but that should be the Dr's words not your own - so a letter saying "Sunset tells me this is the best school for mini Sunset" won't add value.

But as I said the experts will hopefully be along soon

admission · 14/09/2018 15:34

An enormous amount depends on whether this is an appeal for an infant year group or a junior year group. For infants the infant class size regulations mean that classes are restricted to 30 pupils per school school teacher other than a few exceptional reasons when more than 30 is possible. What that means is that it is very much more difficult to win an appeal for an infant year pupil than for a junior year pupil, where there is no restriction on class size.
In all instances there will be a panel of 3 independent people making the decision. The school or much more likely a representative of the Local Authority will firstly explain why they believe that they cannot offer a place at the school in that year group. You and the panel can then ask questions around what they have said. It is then your opportunity to make you case as to why your child should have a place in the school and again the panel and the school's representative can ask questions of you. It is important that you try to remain as calm as possible during the hearing, though most panel members will have been present when either a parent or the school's representative have lost it. At the end of the hearing for a junior school appeal the panel have to balance how strong the school's case is not to admit against your case to admit and then decide in somebodies favour. The infant class size regs cases are different in that the dominating factor is the number that can be in the class and it is very difficult to win such a case unless the admission authority have made a mistake in not offering a place at the school.

SunsetOnTheHorizon · 14/09/2018 16:06

Enormous amount of info. Thank you.

It is a yr4 place I am appealing for. Obviously my first time taking this route hence the lack of understanding on my behalf.

I have submitted with my appeal form a letter from his support worker from a charity that we work with and also works closely with the hospital he was admitted at. I haven't spoken to his consultant as of yet as I presummed the appeal panel will request this? It seems like i should have this info beforehand.

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titchy · 14/09/2018 16:11

Panel will make the decision based on what's in front of them at the meeting. They won't ask for anything else.

PatriciaHolm · 14/09/2018 17:08

You need to supply everything you will refer to beforehand. The panel won't ask for anything; they will just get sent your appeal papers a week or so before the appeal, and don't get to request anything else.

You need to evidence that the detriment to him of not attending is greater than the detriment to the school of taking another pupil. Evidence, for example, that other classes in the school have 31 pupils, would be helpful.

The strongest evidence would be a letter from his consultant stating clearly that they believe this is the only school that can meet his needs because... (not "parents tell me").

admission · 14/09/2018 20:47

I would also be asking DD what she likes about the school because that might provide valuable additions to your case for admission if say she really likes certain after school clubs which might also be of interest to your son.

SunsetOnTheHorizon · 14/09/2018 21:41

Thanks for the great ideas. Will be utilizing them all. If I spoke to his pastoral care leader at his current school and asked for a supporting letter on his change of temperament. Would that be useful also? I don't want to come across as the desperate mother waving a bunch of letters at them.

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prh47bridge · 14/09/2018 23:43

Depends what it says! It won't be as useful as a letter from his consultant as outlined by PatriciaHolm. But if you think it will help, include it. The worst that will happen is that the panel will ignore it. They certainly won't hold it against you.

SunsetOnTheHorizon · 15/09/2018 12:14

Super! Has anyone actually attended a hearing. Is it like a formal interview type of senario.

Will anyone from the school be present?

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eddiemairswife · 15/09/2018 12:31

There will be someone presenting the school's case; it may be a person from the school, or someone from the Local Authority. When they have explained the reasons for disallowing the application, you and the panel can ask questions about what they have told you. You then have the opportunity to present your case and the school and the panel can question you.
There is a set procedure to follow, but most panels I have sat on do their best to make it as stress-free as possible for the appellants.
We know that many parents/carers are quite apprehensive about the whole procedure.

prh47bridge · 15/09/2018 12:39

Someone will be there to present the school's case to refuse admission. That will be someone from the school or someone from the LA.

There are usually 3 members of the appeal panel, although there may be more. They will be independent from the school and the LA. The chair of the panel will conduct proceedings. There will also be a clerk who will take notes. You and the person presenting the case to refuse admission will enter the room together. After introductions, the usual running order is:

  • the case to refuse admission is presented
  • you and the appeal panel question the school/LA's representative
  • you present your case
  • the school/LA's representative and the panel ask you questions
  • the school/LA's representative sums up
  • you sum up
  • you and the school/LA's representative leave

Normally everyone will be sat around a table so that it is easy for panel members and the clerk to take notes.

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