Lost appeal - help....

[NotQuiteSoOnEdge]

I'm hoping I can reach the appeal experts who were so kind as to help me prepare my appeal. I don't know how to link my previous thread.

I've heard yesterday that I lost my appeal. 60 appeals were heard and 3 upheld.

I'm in shock, as is my DS's school. We are finding it hard to understand how there are three cases 'worse' or more compelling than his. I have a consultant psychiatrists letter explicitly stating that due to the small size of the school in question, the nature of the buildings themselves, and her own experience of the pastoral care offered there, that it will be actively detrimental to his mental and emotional health not to attend. It is the only school like it in the city.

I was in my hearing for one hour. They asked a multitude of questions that I was fully open answering, and they didn't challenge my answers, except in one instance, which I was able to explain what steps I had taken to ensure my information was correct.

I came out feeling that I had done as well as I possibly could, and that the panel were thorough and very interested in his story. I'm honestly feeling sick with shock. I know you aren't supposed to count your chickens etc, but I can't see how this went wrong.

What do I do now? Can you appeal an appeal??

You can appeal once per academic year so you can reappeal in September. Is he on the waiting list?

I am not sure if it is once per year or once per academic year group - so once for entry into year 7, once for yr 8 entry. In the letter have they clearly detailed what they considered and why they made the decision that they did? Do these match your - son - I.e. they haven't confused him with someone else. There are certain things which they should include. One of the admissions experts might be able to advise you on whether the letter seems as if they have followed the admissions code.

I'm sorry to hear this. We once lost an appeal that we thought had gone our way.

I thought you could appeal once every academic year also (as in 2018-19 etc) but maybe thats not the case. Hoping one of the admissions experts on here can help.

If we can appeal once each year, does that mean I can appeal again in September? And would I have to have new evidence, as it were?

I'm trying to figure out what on earth to do. If I homeschooled we would destroy each other in weeks, he has ADHD and I only get 'time off' when he's in school, and I need that time.

Anyone know where the experts are?

Yes, he's on the list.

@prh47bridge @admissions @panelchair @patriciaholm (and anyone Ive missed out sorry) can you please help at all?

You can appeal once per academic year so you can reappeal in September

No, the OP cannot re-appeal in September. She can appeal once for each academic year. She has appealed for a Y7 place. She cannot appeal again for a Y7 place. She could appeal next year for a Y8 place but that is all.

NotQuiteSoOnEdge - I don't think I've seen the psychiatrist's letter. However, if it says "in my opinion..." rather than "Mrs NotQuite tells me..." that should have been very strong evidence. With so many appeals it is possible that there were 3 stronger cases and that the panel decided the school couldn't handle any more but that seems unlikely. The letter informing you of the panel's decision should set out their reasons. What does that say? Is there any indication, for example, that they have got your case mixed up with someone else?

I’ve only got a few minutes before I dash out, so these are just a few comments in haste.

I don’t recall your previous thread, but I can see from your posts here that your appeal centred on your son’s psychological well-being. I can’t speculate on why the other appeals succeeded and yours didn’t. This might have been one of those situations where the panel took the view that the school could admit another three pupils without prejudice and then had to decide which three appeals were the most compelling.

You can’t appeal the appeal as such. If you think there have been procedural irregularities, you can take the matter to the EFA or Local Government Ombudsman, but the most they can do is order a new hearing; they don’t look at the merits of your appeal. I can never remember whether the one appeal a year refers to calendar or academic year, but the other appeals people here will know.

Sadly, you are going to have to make a plan for how your son is going to receive an education from September. Have you accepted a place elsewhere?

Good to see that prh got here first!

If there was something wrong with the way the hearing was conducted or there is evidence that they confused you with someone else it may be possible to get another hearing with a fresh panel. However, as PanelChair says, the ESFA and the LGO won't overturn the decision just because they disagree. There has to be something wrong with the way the panel arrived at the decision.

It is possible to go to judicial review. The courts take a wider view and will overturn appeal panel decisions if they are unreasonable. However, that is expensive and risky so you would need to take proper legal advice before going down that route.

As per my previous post, it will help if you can tell us the panel's reasons.

On these threads, we generally say that there’s no point getting lawyers involved. However, here, it does seem odd that what sounds like a very strong letter from the psychiatrist was not heeded. You should certainly examine all the options mentioned here and take legal advice. Please tell us more, too, about the wording of the outcome letter.

As with the others, I'm afraid I don't remember your previous thread, but I can see why yo7 are extremely disappointed. I am also happy to look at the refusal letter if you wish - PM me if you would rather keep it off here. It should clearly state how the panel deliberated and why they decided against you.

Thank you so much.

I haven't had a letter setting out their reasons yet, only a verbal No over the phone from the panel clerk. I will PM copies when it gets here. As for the psychiatrist's letter, I thought it was so strong it was practically irrefutable, but maybe I misunderstood its strength. Would anyone have a look at it?

Sorry I went AWOL. I'm so devastated I basically shut down for 24 hours.

and yes, he has a place, but at a school where, and I quote the SENCO, "I can see why you'd be worried about sending him here"...

No need to apologise. I normally say no to DMs but I'm so puzzled by what's happened here that I'd be happy to look at the psychiatrist's letter.

Thank you. I'll send it now.

I will happily take a look too.

I confess I'm baffled. Had it been me on the panel I'd have found the letter pretty persuasive (although, of course, I'm looking at it now in isolation and haven't seen the school's case not to admit, and I don't know how strong the appeals that succeeded were). I've also discussed appeals on here which have succeeded on flimsier evidence and arguments than that (although again that may say something about the weakness of the school's case).

OP should wait for the decision letter but then seek legal advice from someone specialising in admission appeals (not a generalist high street solicitor) and pursue any and all options open to her, to get this looked at again.

I agree completely. It will be interesting to see whether the decision letter gives us any clues as to what happened.

So I'm not delusional in thinking something may have gone horribly wrong? I hope I get the letter quickly. I was so sure if any got in on appeal he would be one of them. It just doesn't make sense to me. His psychiatrist was pretty clear. Baffled is exactly how I feel.

I've PM'd you PatriciaHolm

Something might have gone horribly wrong. The panel may have confused your child with another, the clerk might have rung you with another appeal’s outcome, the panel might have misread or disregarded the psychiatrist’s letter. I wonder too whether they homed in on one part of the diagnosis and took the view that it’s not a rare condition and another school could provide the right support. Or it could be none of these things. The decision letter might shed some light.

I sense from sitting on Panels that the financial pressures are meaning that popular schools have increased their PAN, are teaching in larger group sizes and have very limited support for SEN students. Generally this means schools cases becoming stronger than previous years and hence the prejudice rising significantly.

It is possible that successful appellants have been given a place at stage one (ie there has been a procedural error) and the strength of their case is irrelevant. The OP describes a hearing where the Panel were very thorough. Were there a number of appellants who were in similar situations who needed/wanted the school for the similar reasons who had similar evidence? Small, very caring high schools are very sought after by families for vulnerable children. Among the 60 there may well be children with significant social services involvement (but not in public care), children affected by bereavement, violence etc, children whose families have had to move for a serious reason and missed the application deadline who would have got a place..... All these may well be backed up by strong supporting evidence.

All that said the OP cases looks very strong but difficult to judge without the full context. Hopefully the letter will shed more light on the decision.

My DS IS one of those children. We had extensive CYPS and CAFCASS involvement following DV, which led to seven years of CAMHS to deal with developmental trauma. All of which was outlined in my appeal letter, and spoken about during the hearing.

I'm terrified it was my fault, that I said, or didn't say, something.

Whatever has happened here, OP, it is not your fault. It sounds as if you presented your case in great detail, the psychiatrist’s letter also provided plenty of detail and supported your argument and (as Wooddie says) the appeal hearing examined it all very thoroughly.

I agree that it’s possible that there were other appeals that centred on the child’s need for social and pastoral support for various reasons, but in my experience it’s quite rare in those sorts of appeals for the parent to be able to demonstrate that the appeal school is better able to meet the child’s needs than any other; very often, it’s clear that the child is vulnerable but not that the appeal school is any better geared to provide the necessary support. Again, in my experience, the supporting evidence from professionals is often not very helpful, because it outlines the needs but does not say that the appeal school is better placed to meet those needs. As Wooddie says, it may be that the three successful appeals were rectifying errors in the admissions process - and we don’t have the complete picture here - but it all adds to my sense of surprise and that further examination of what went on is needed.