2nd Appeal Advice Please - How Without Ombudsman ???

[RockinHippy]

I'm a bit puzzled as a classmate of DDs has appealed & lost one of our local schools - they are now waiting on the results of a 2nd appeal for the same school

DD is new to the school, so I don't know the family at all, so have asked DD to ask if this 2nd appeal hearing was the result of an LGO complaint - we are currently going through that same long winded process & the LA is digging it's heels in big time - complaint is still up held after my response the the LAs response to my complaint, but I'm losing hope as the LA are nit picking & obviously intend to take it as far as possible & LGO case officer has said she can't force them to back down.

DDs classmate has just come back to her saying that her DM didn't think a LGO complaint would be worthwhile - yet somehow they have managed to get a second appeal hearing & avoided the soul destroying sick tennis match that I am currently going through trying to get DD into a school she really needs for medical reasons

How ?? - Is there another way to get a 2nd appeal ??

TIA

If your circumstances have changed significantly, I think.

Ask the parent involved?

It is possible to get a second hearing if there is a significant change of circumstances but that is extremely rare. I have occasionally come across situations where the LA realise there was something badly wrong with the first hearing and give the parents a fresh hearing without any involvement from the LGO but that is unusual. By far the most common way of getting a fresh hearing is via the LGO. It is possible the parents went via the LGO but didn't want to get their daughter's hopes up so told her they weren't.

The LGO cannot force the LA to offer a fresh hearing. However, if the LGO think a fresh hearing is justified and say so in their findings the LA should comply. Whilst VA schools occasionally ignore LGO recommendations in admissions cases it is unheard of for an LA to fail to comply.

If the LGO does recommend a fresh hearing and the LA refuses to comply you have the option of applying for judicial review. The courts do have the ability to force the LA to comply. Also, unlike the LGO, they can overrule the appeal panel and order that your child is admitted. However, going to judicial review costs money and there are risks. You would need to take proper legal advice before going down this course.

We now have a second right of appeal as we will shortly be moving and the LA have acknowledged the significant and material change in our circumstances.
We have also informed our new catchment school of our move and as a result our waiting list position has changed for the better.
As I understand it, we now have two chances and they are independent of each other - worth the upheaval.
If only our previous catchment school had not been so dire we would not have had to make such drastic changes to provide our children with a decent education.

Thanks everyone :)

Mystery solved - can't ask the parent as I have no clue who they are - as I said, DD is new to the school - but I did bump into the one parent I do know from there when out earlier - subject if appeal how crap our LA are & how ridiculous & awful our situation is came up & turns out they know the other family well - DD got it wrong, seems her class mate is confused too

It's not a second appeal for the same school, but a first appeal for a second in catchment school, not the school we appealed for - though will still be interesting to see if they win as it's equally oversubscribed & also has the same problem we hit in that appeal outcomes appear to be affected by 22 places given away between both schools ahead of the appeal hearings

It got my hopes up that I had missed a trick & there was another way, but sadly not :(

Thank you prh that's all really useful information

Thanks to a local disabled kids charity, we will have a lawyer to help if it goes to a second appeal - the same lawyer has looked over my case notes & evidence & has said she can't understand why we lost as we did have a good case - I think they just didn't understand DDs medical condition, which unfortunately is not uncommon :(

The only thing I now know I could have argued better on is the journey to school - now having done a dry run at peak school time with DI, turns out it's far easier than we realised - she gets in before there's any over crowding, so getting a seat is easy & it's a straight road with 1 turning, so no swinging around that makes her feel so travel sick - but my argument still wasn't bad, just could have been better & by bus it is our closest school - other slightly closer school means a walk up a big hill after passing this school, or another longer bus route, that twists & turns around back roads

Have now also sent off application for her to be put on the schools waiting list as "medical need" I got nowhere trying to get a different point of contact or direct address for the CCP & was running out of time - I still feel very uncomfortable sending it all off to the same person who was the LAs rep at our hearing, when we have an LGO complaint going on, but I don't seem to have any choice - fingers crossed they act professionally as I could really do without any added stress.