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Secondary education

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Original poster

efa complaint- they're taking it further

19 replies

appealtakingovermylife · 05/08/2014 00:45

Hi, does anybody have any experience dealing with the EFA?
I've submitted a complaint regarding our appeal.
They have both emailed and phoned me today to say that they agree with 5/7 breaches of the appeals code and are now officially investigating:)

What are the chances of getting a fresh appeal now?

The lady I spoke to seemed very positive and said that they only need to prove 1 breach of the appeals code to uphold my complaint.

Ds attending week 2 of transition camp at allocated school and despite the distance/travelling issues ( and has asc ) he loves it and said that he wouldn't want to go to the other school now.

He doesn't know I'm pursuing with the EFA, I mentioned it casually and that's what he said though I know that appeal school is a million times better.

Thanks

OP posts:

prh47bridge · 05/08/2014 10:46

If the EFA agree that the Appeals Code has been breached and you have been disadvantaged as a result you will get a fresh appeal. The only way a breach of the Code would not result in a fresh appeal would be if it was a minor breach that did not disadvantage you, e.g. the decision letter being issued late.

Original poster

appealtakingovermylife · 06/08/2014 10:13

Hello again prh, thanks for your message.
It seems that the biggest breach is 3.8, the way the decision was made and the other 4 are dependant on the clerks notes amongst other things.
I haven't got it all to hand at the moment but the efa seem to think we've got a case.
The clerk has been copied in to my emails that I've received. I think they already have his notes.
Efa couldn't proceed without me confirming the summary of complaint which I've now done.
I can't see much happening before the start of the new term.
Do you think the clerks notes are to confirm whether or not to order a re-appeal?
I found out yesterday that another parent has recently submitted an appeal complaint for the same school.
Are panels made aware if it's a re-appeal?
Thanks:)

OP posts:

prh47bridge · 06/08/2014 12:37

The clerk's notes should tell the EFA exactly what was discussed by the panel and will therefore allow them to determine whether or not the correct decision making process was followed. If they find it was not I would expect that to lead to a fresh appeal.

Panels are not specifically told that it is a second appeal but they are often able to figure it out.

Original poster

appealtakingovermylife · 07/08/2014 07:46

I'm sure the clerk will be given a deadline to submit his notes so hopefully it won't take too long.
The EFA have been very quick up to now. The lady said that the maximum time they will make a decision is 30 working days.
This obviously takes us into the new term.
My brother who has been helping me with this seems to think it will be quicker than that.
Even if that's the case, I would still have to contact the school to request a panel etc, could take weeks.
I haven't bought any uniform yet, until I know a bit more.
The irony here is I think we will get a fresh appeal and my son is now
saying he's happy in allocated school, after attending transition camp.
I've fought this far I can't give up now.

OP posts:

prh47bridge · 07/08/2014 10:18

No you won't have to contact the school to request a hearing. If the EFA orders a fresh hearing the school must get on and organise it without any further prompting. Unless you want to make changes to your written submission you won't have to do anything other than turn up at the hearing.

MillyMollyMama · 07/08/2014 15:19

Presumably the Clerk will have typed up the notes, or will the EFA want the original ones? Difficult if they are in shorthand! Notes can be "amended" and may not be very detailed. It seems unbelievable, with the clear guidance that Panels are given, they still seem to contravene, and be oblivious to, the code of practice. Was the Clerk an employee of the school or an independent one?

prh47bridge · 07/08/2014 15:33

The clerk must be independent of the school. The clerk cannot therefore be an employee of the school. If any school does use an employee (or anyone else connected with the school) that would be a serious breach of the Appeals Code.

The EFA will want the original, contemporaneous notes.

Original poster

appealtakingovermylife · 07/08/2014 17:40

The clerk is new to this schoo'ls appeals, he told me. He's an employee of the local councils legal department in the borough where appeal school is, I'm in a neighbouring borough.
His Writing from the envelope we got our decision letter in was atrocious:)
What I'm concerned about is if he "adds things" or changes what was written.
The clerk was lovely to me during telephone conversations before the appeal but was extremely defensive towards the panel when I rang him over the shambles of a decision letter we received.
I think they're corrupt:(

OP posts:

prh47bridge · 07/08/2014 18:40

I have never come across a case where the clerk has in any way altered their notes when asked to submit them to the EFA or LGO. I really think you are worrying over nothing.

Original poster

appealtakingovermylife · 07/08/2014 21:18

Prh- you're right, I'm worrying unnecessarily, I just feel like I've lost faith in the appeals process.
Have to trust the EFA to do their job, its completely out of my hands now.
Will update once I hear more.
Thanks again!

OP posts:

snumpy · 26/08/2014 21:48

Have you heard anything new from the EFA?

Original poster

appealtakingovermylife · 26/08/2014 22:34

Hi there snumpy, I haven't heard a thing since 7th August.
Am starting to worry now as ds is due to start his allocated school next Tuesday, I haven't bought his uniform yet as I'm not convinced he will end up there but the likelihood is that he will have to go there until I hear back from the efa.
I don't know what the delay is, they said they will have a final decision 30 working days from 7th August and then if they rule in our favour it could take weeks to arrange a fresh appeal.
I don't know what to think if we get a fresh appeal, ds will be settling in his new school and will miss weeks/months at appeal school if he eventually gets a place.
I bet it's the clerk holding things up:(

OP posts:

Original poster

appealtakingovermylife · 27/08/2014 19:31

Had an email from my case officer at the EFA today saying they're reviewing my case at the moment and will be in touch shortly:)

OP posts:

Original poster

appealtakingovermylife · 28/08/2014 17:17

Update- I received an email at 4.30 with my decision.
The EFA are NOT ordering a fresh appeal:(
They concluded that 2 breaches out of 5 constituted Maladministration but were not enough to cause injustice.
The only thing I'm happy about is that I've finally got some closure and ds will start his allocated school on Tuesday not knowing any different.
Just need to work on his travelling issues!
It was clearly not meant to be.

Thanks to everyone who helped me with the appeal and EFA.
Well I need a new mn name, I will no longer let this appeal take over my life,
How do I name change??? :)

OP posts:

snumpy · 28/08/2014 23:41

Aw bugger !! So sorry about the decision.

HPparent · 29/08/2014 08:24

Sorry to hear about the EFA decision, I thought your original appeal made a strong case. I am sure your son will thrive at his new school, good luck!

prh47bridge · 29/08/2014 09:55

I'm sorry to hear the EFA hasn't stepped in. I would be interested in seeing the details of their decision. I believe the EFA is significantly less helpful to parents than the LGO and am trying to put together a dossier of evidence for the DfE. Please PM me if you are willing to share the decision letter.