Secondary school response to appeal

[Mum52016]

Hi

Firstly, thank you to everyone who has helped me.

I have been given a date for our appeal but am slightly confused. As far as I know, there are around 10 appeals taking place but from the details it appears that it's stage 2 of the appeal. From what I have read, I thought it would be stage 1 for school's case and stage 2 for individual cases. Is it usual for an academy school present its case individually to each appeal?

I have received the school's response to our appeal. They have detailed the admissions criteria and explained how the application was processed and what criteria DS was placed it etc and in two lines stated that it would prejudice the provision of efficient education or efficient use of resources. Is that their whole case?

I have emailed the school directly 4-5 times over the last 2 months with no response to the questions I have been asking regarding PAN and Year group numbers for the last few years. When I leave messages for callbacks, nothing.

The LA seem just as incompetent as they have not responded to a single email I have sent since around 2nd March and every time I call them, they can't answer any of my questions and promises for callback are non existent.

What would do I need to do now?

Yes, it’s quite common for there not to be a separate stage 1 - in my LEA, each appeal is self-contained and (in my view) that works better than having a group stage 1, which can become a free for all with parents talking over each other.

As for the school’s case, it seems to be (essentially) that they’re reached the PAN and are full. Keep pushing for answers to your questions but, if they don’t reply, ask them on the day and point out to the panel that your emails went unanswered. If all the school can say is that they don’t have capacity - without providing a detailed breakdown of numbers or evidence of problems from (say) overcrowding - the panel might think that their case is weak. It’s then open to you to present a stronger case for why your child needs a place.

That should be the school's entire case. If they try to add anything on the day you should object, particularly if they try to introduce additional documentary evidence. If they haven't explained how they will be prejudiced by the admission of additional pupils it should be regarded as a very weak case by the panel.

As PanelChair says, point out that they have failed to answer your questions and that this has hampered your ability to prepare for the appeal. However, it would be better if you can get answers. Remind the school that the Appeals Code requires them to answer any questions you ask to help you prepare for your appeal.

Thank you for your replies.

@PanelChair - that's good to know. From what I have read on the forums I assumed it would be a 2 stage process.

I was also expecting them to give a detailed statement for their case about PAN and was quite surprised that that was all they had put without any further explanation.

I didn't put anything in my appeals statement about PAN/admissions. Should I respond to their appeal statement via the panel with the information/evidence I have already with regards to PAN and admissions criteria? Again from the information I have found on here advises to present all information/evidence in advance of the appeal?

At this stage is it a case of writing back and forward via the appeal panel with points and counterpoints?

Or would I need to built a case against them to present on the day?

You don't need to respond to their appeal statement. The papers you have received should be the appeal papers that have been sent to the panel. They are not expecting any further papers before the hearing. If you have any documentary evidence you have not yet submitted you should send it in immediately but you don't have to submit other information.

After introductions, the hearing will start with the school presenting their case to refuse admission. After that you will have a chance to question the school's representative. That is the best time to bring up any points you have regarding the school's capacity or the admissions process in the form of questions.

After you and the panel have finished questioning the school's representative you will present your case. The school's representative and the panel will then question you.

Finally, the schools representative and you will both be asked to give a short summing up statement. You can use this to emphasise the weak points in the school's case and the strong points in your own.

Sometimes too the schools are willing to go over but not willing to officially say 'We will have 31 in every class' because that isn't popular with the parents of children already offered a place. Ultimately more children means more money and especially if it is a large school then ten classes, ten appeals, one extra per class, they might not be so quick to pull up the drawbridge. Not to get your hopes up too much and I know it shouldn't be like that, but that is how some schools seem to operate which is why it is always worth appealing.

Schools don’t decide who wins appeals and nor can they set places aside for pupils admitted on appeal, but they do sometimes make only a token case against admitting more pupils, in which case the panel is quite likely to allow the appeal.

Thank you for your replies and I appreciate your comments.

That's all interesting to know and I hope that I don't become complacent during the appeal! I was just expecting them to have provided absolute detail about everything and anything that would have caused prejudice to the school by admitting extra students.

@Prhbridge - from some of the links that I had pm'd you a while back about the school's PAN etc, in your opinion, would any of those be admissible as evidence? If I was to present that information on the day would that be counterproductive?

The appeal hearing isn't a court with rules as to what is and is not admissible. Anything that helps your case is admissible as evidence. If you have documents (including web pages) you want the panel to look at you must submit them before the hearing otherwise you may find that your hearing gets adjourned to a later date to allow the panel and the school to consider your evidence. If you are submitting a web page, print it out rather than sending a link. However, if you simply want to make use of information from a web page you don't need to submit anything beforehand.

Hi,

I'm still having no luck with the school or the LA even though they are aware that I am appealing and I have only a few days left of the appeal!

I've done some more digging online and I have managed to find out that they last held a consultation from December 2014 to March 2015. This set of PAN and admissions criteria was used for admission in 2016 & 2017.

I can not find anything about any consultation having taken place for this years reduction in PAN and the change of the final admission criteria.

Therefore am I right in thinking that this change has been unlawful as the school has breached the School Admissions Code?

If the school and the LA don't answer your questions you should raise this in the hearing.

Both the change from distance to random allocation and the reduction in PAN required a consultation. If there wasn't a proper consultation there is definitely an argument that they should use the previous PAN and anyone who would have got a place on distance should be admitted.

I can see that there was a consultation in 2014/15 but I can't see any evidence of a more recent consultation. It does therefore appear that they may have breached the Admissions Code by reducing PAN and changing the admission criteria without proper consultation. Given the nature of the school, it is possible that the number being admitted each year is derived by taking a fixed total number of places and deducting those who already have places through attending KS1 at the school, in which case they may be in the clear on PAN. But changing the tie breaker without consultation is definitely wrong.

They are obviously aware of the correct process as they carried out a consultation 3/4 years ago.

So technically would it be correct that in their response to our appeal, the admissions criteria used was incorrect and therefore the weakness in their arguement is obvious? Especially as this has disadvantaged 13 other students.

Yes, if there was no consultation the school was not permitted to change its admission arrangements. You and others have therefore been disadvantaged by the school's use of the incorrect admission arrangements.

Thank you for all you help! 😊

Hi,

I have just had the appeal and it has taken everything out of me. I am so upset and I don't think it went well at all. I think I messed it up.

I felt that the chair was undermining the questions that I was putting forward.

When I questioned the head about the consultation he said that one had been carried out in 2016 and when I questioned that there was nothing on their website and the only one I found was from 2014 they were adamant that it had been done.

The chair was adamant that it had been done (because the head said so). And after that everything went downhill.

I did the one thing that I said I would never do, the tears!

It's over but I feel like crap!

I told the panel that because I had no contact from the school i could not prepare the appeal suffiently to which the head replied if I had any questions that I could ask them now?!

If you lose your appeal you have grounds for complaint to the ESFA. The school is required to answer your questions to help you prepare for your appeal. Saying you can ask your questions in the hearing is not good enough.

I would also question the chair being adamant that a consultation had happened purely on the head's say so with no other evidence. It may have happened but I would have expected to find something about it on their website. This might be worth a complaint to the Schools Adjudicator. They will want evidence that a proper consultation took place.

Can you be more specific about how the chair was undermining your questions? That may give you grounds to question the independence of the panel.

Hi Prh,

Thanks for your reply.

I had contacted the Adjudicator with a general email about concerns over the change to admissions arrangements and they replied back saying that it was too late to raise objections now and referred me to the EFSA for non compliance of the school.

The chair didnt bother to ask if I had any questions for the school and was quick to jump to my case. But I did request if it would be ok to ask questions I had, which he allowed.

I advised the panel that I had not received any responses to any emails from the school only to be told that the person who I was emailing recently left the school. Then I told them that I had emailed the general admissions and again had no response either. The headteacher couldn't answer.

I felt that chair's attitude was that, ok they haven't responded but we've covered what information you were asking for.

The information I had received from the school back in March was that there were 128 in the current year 7, meaning that they were 3 over but today the head said that there was 126 - 1 over PAN. I pointed this out and I understand that numbers do fluctuate but I don't think I put the point across well to show that they were able to cope. And any questions relating to PAN came back to, it's 125. There was no reduction in PAN as it was still 125. Think he must have been sick and tired of hearing about PAN!

I do find this bit confusing - if the year 7 PAN is 125, they have allocations for existing students in Year 6 and anything remaining would be published in their admissions arrangements. Is this number allowed to fluctuate without question? In other words can they change the number yearly depending on what they already have?

Is it not possible to put on their admissions arrangements priority given to existing students?

The other thing I failed in was that I assumed that tutor group size and class size would be the same. Although the school has 5 tutor groups, there's only 4 classes with maximum of about 34. I felt it was unfair that I didn't have this information before to work out better way to counteract these points. Another point I raised in my appeal and mentioned at the hearing was about vertical tutor groups - information that is still on their website only to be told at the hearing that as of this year they no longer do it and it has changed to horizontal tutor groups!

The chair seemed happy to accept the headteacher's answer on consultation and that they carried it out in 2016 and that was it.

When I went further to clarify that I don't think that the arrangements used were lawful, the chair said that I could take it further with the school adjudicator and the EFSA.

I think the clerk did check the school website or the LA but he couldn't find anything except the current arrangements.

One point that the other panel member raised was that if the school had not consulted and changed admissions criteria then the other schools in the area would have known and objected.

After the first part, I became a little frustrated which came out through tears and after that I just muddled through the notes I had.

I'm not sure what to do now. Am I clutching at straws?

I remember that the headteacher has said that they were full from year 7-10 I think and when I had the chance to ask a question I asked what the actual numbers where in the current years 8,9 and 10. The headteacher replied back with the current year 8? The chair said that yes, what is the actual number in Year 8? To which the the headteacher replied just under 125.

Then I think the chair brought it back to PAN and then the moved on from it and the rest of the question never got answered. Again my reasoning to demonstrate that they have been able to accommodate more.

The answers given by the head were in my opinion very general and I thought he would have been expected to give specific details.

Class sizes he said were 31-34 were based on ability but how would he know which class a child would go into before being admitted?

Maybe I'm over analysing it now but at the time I got myself into a mental tiz and didn't think objectively enough.

Is this number allowed to fluctuate without question? In other words can they change the number yearly depending on what they already have?

Yes. PAN is 125 and remains fixed but the number of places available for external applicants would go up and down depending on how many are coming up from Y6. No problem with that at all.

Is it not possible to put on their admissions arrangements priority given to existing students?

If they did this, pupils in Y6 would have to apply for places in Y7 and would have to come after external applicants who are LAC or ex-LAC in priority, so there is always a possibility that some wouldn't get places. It makes far more sense to say that existing pupils in Y6 go straight into Y7.

One point that the other panel member raised was that if the school had not consulted and changed admissions criteria then the other schools in the area would have known and objected

That is an odd thing to say. In every case I have seen where a school has changed its admission arrangements without consultation the objection has come from a parent, not another school.

The answers given by the head were in my opinion very general and I thought he would have been expected to give specific details

Yes, if asked for numbers in Y8-Y10 the head should have provided exact numbers. Another reason why they should have answered your questions before the hearing.

I think it is worth referring this to the ESFA. I can't guarantee the result but they may tell the school to answer your questions and arrange a new hearing with a different appeal panel.

Nothing to do with the appeal, but I'm slightly surprised they have more tutor groups than classes!

At DD's school, English and maths are set so there are additional sets, so in her year there are 9 tutor groups and 11 sets in total for those core subjects. This means that top sets may have 30+, but bottom sets, who need more support are way lower at 20 or fewer.

I don't think they need to know what set a child will go into. Taking 1 (or 10 or whatever) more children in the year group will mean that their classes get bigger. If I had a less academic child (well actually I do), I would be concerned with class size 31-34.

Our school has 15 tutor groups with 12 kids in but they are taught roughly speaking 9 groups of 20 although top sets may have higher than 20 and bottom sets lower.

Thank you for everyone's comments.

Yes, I couldn't believe that the headteacher said they had 4 classes of 31+ students.

The thing is that there was so evidence from the school that I saw. Their appeal response simply stated that admitting more would cause prejudice.

Then again at the hearing, it was just an oral presentation. I don't doubt that he was being honest but if the parents are expected to produce evidence to back their appeal surely the same would apply to the school? Or is an oral explanation acceptable?

So our appeal has been declined.

"During your appeal, you alleged that the consultation of admissions criteria in December 2016 was not legal, but the Panel considered this to be irrelevant to the appeal."

I actually said something along the lines that I don't believe a consultation took place in 2016 as I could find no evidence and therefore the admission arrangements used this year may not have been lawful according to the School Admissions Code.

As well as this, I was allowed to make a late submission of points which I did on Tuesday evening. This was for what I thought would have been evident that there was no consultation. However this was not passed on to the panel (although I used it for information on the day) and the decision letter states that I did not send anything when I can prove that I did and it was their colleague who did not forward them onto the panel.

This whole process has been an absolute farce from the offer day until now.