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??

We had a separate stage 1 hearing which all attended, then we came separately for stage 2. The school does have site restraints, and a 120 PAN, however, it went from a 4 to 5 class intake last sept, land has been given planning permission, and the PAN for next year and going forwards will be 150. Lastly it is a random allocation school.

I wish I had the letter. Feeling sick with stress all weekend is miserable.

Feel so sorry for you.

Our situation was different but similar. Child Protection, CAMHS Tier 3 and EHCP all involved, but the right decisions and processes on DS school failed completely. DS had been out of school for 4 months, and his anxiety/ASD symptoms went sky-high.

I had been going through all the formal channels, escalating, chasing, but getting nowhere.
MP involvement was what helped in our case. It ended up with DS's case being handled personally by the #2 in the LA Schools department.

Plan B had been to try the Press, if MP didn't work, but MP intervention was fantastic. The top level in the LA were desperate to get it resolved once they were being challenged by the MP on how had the processes failed this vulnerable child in such an extreme way.

If something appears to have gone wrong, which this thread sounds like might be the case, this might be helpful.

Wishing you all the best of luck.

You do need to wait and see what the letter says, as this is the only clue as to what the panel were thinking. If others like PRH are saying the consultants letter was a strong recommendation then it is strange that others have been admitted but not your child.
Frankly it is bad process that the admission authority have given you an answer verbally, my LA will not do this because of the danger (and it has happened) that the admin person does give out the wrong decision.

That's interesting, admission. My LEA rings parents and schools to inform them of the decision as soon as the decisions are made, so at the end of the day or end of the session for that school if it goes over more than one day.

My LEA don't call either for the same reason.

Having also looked at the letter, it's pretty strong, especially in the context of 3 appeals having been won. I think the letter will be crucial in figuring out what has happened.

Hi OP - hope you manage some rest.
I had my own appeal hell last year and it was gut wrenching.
Hope you get the letter soon.

Thanks to all the experts who so kindly came to help another parent again.

I'll mention this to my LEA - this sample of 3 LEAs might not be representative, but it suggests mine is out of step!

@PanelChair both Birmingham and Walsall LAs wrote rather than called, if this also helps.

Hello.

No letter yet. But I want to say thank you. Whilst it's a shitty situation, which has now given me a spectacular migraine as well, the help and support on here is keeping me sane and helping me keep a lid on my panic. I'm sure I can figure out a way forward with all the expertise and generosity on here. I'll update when I have concrete information.

Thank you all.

It’s easy for me to say, of course, but try not to panic. Try to distract yourself until the letter arrives, and then we’ll think again.

I can offer my total support. I have had my appeal turned down, with what I considered good evidence: doctor, counsellor, family history very shaky, all her friends and sister at the same school.

In my case I think it is because the school is a catholic school and we are not baptised. But my younger daughter needs the school for emotional/psychological reasons.

I am going to do all I can to try with new school but feel very sick and worried about it. And very let down.

Any sign of the letter?

No.

They were obliged to post it by today, I think. They finished all the hearings and deliberations last Thursday. I'm very much hoping it comes tomorrow.

I can not believe this so complicated. My hearing was on the 5th. I just want to understand what has happened.

Any letter OP?

NO!!

I'm very frustrated. My hearing was on the 5th June. It's now (just) the 23rd!! It took 10 days to get a verbal answer, and now, another 8 days have gone by and still no letter or explanation.

The only positive this week was that our SENCO personally took DS to his allocated school during the school day, to meet the yr 7 transition teacher and have a tour. I'd already booked two visits with the head which I'd had to cancel as he point blank refused (ADHD meltdown, completely irrational). She didn't tell him what was going to happen until time to go! He went, and he has agreed that it's not terrible and will go to the full transition day on Tuesday. That's a massive change of heart and will make life massively easier whilst I work out what to do.

Sorry you've not heard. Guessing they get out of legal requirements as they told you verbally within x days? Hopefully one of the experts can confirm the legalities? It's rubbish that you've not heard and can not challenge until you have said letter. It's a horrible wait so I do empathise that its been so long now.

Positive to hear about your son's steps forward in terms of the school and the SENCO support. Sounds like that's a big relief in these circumstances while you try to sort this. I hope he gets on well with his transition day.

You have a lot going on and it's bloody unfair you have to wait so long.

Guessing they get out of legal requirements as they told you verbally within x days

No. The Appeals Code requires the decision to be communicated in writing and also requires that the letter must be sent within 5 days of the hearing "unless there is good reason". The fact that they hadn't heard all the appeals for this school provides good reason. However, if the last hearing was on 14th June, the letters should have been in the post no later than 21st June. They could, of course, have sent them second class so it is possible the letter will turn up today or Monday.

Any news?

I agree with PRH that they have not quite exhausted the time they reasonably are allowed to confirm the decision of the panel. It is always a very busy time of year for appeals, so it was always going to be a while before you got a written answer however the admission authority seem to have forgotten who the "customer" is here and more importantly how most people need to get something in writing!
I would give it till after the post has been delivered on Tuesday and if you have nothing I would send an email to them, saying that unless you receive a full and complete written response on the outcome of the appeal by Friday you will be making a formal complaint to the ombudsman not only about the apparent irrational outcome of the appeal but also the unacceptable delay in any kind of written answer, giving any details.

Hello. An update!

No letter today. I phoned the panel clerk and complained about it being 3 weeks since my hearing, but still no letter. He emailed it to me there and then. And I am less than impressed.

This letter which hopefully would explain their decision, just doesn't. It gives a recap of the hearing, then one sentence, summarised into "We have sympathy for your situation but we feel the school's predjudice is greater than yours". So sorry.

I mean What????

I've spent months preparing for this, years really, and I get one sentence. ONE sentence!!

The psychiatrist's letter is not given any weight, they acknowledge both the suitability of the school, and, indeed the unsuitability of the allocated school, call my son 'effeminate' (something I have NEVER called him, I'm raging), and then basically go yeah, we can see why you want it, but .....no.

I so need advice!!!! Help, wise experts. What should I do??

I'm just going to spam you guys by PM with their letter, if you've previously seen the case. Hope that's ok, I'd like as much input as possible. Thank you.

I apologise if anyone gets multiple PM's, I think mumsnet is struggling atm. Things weren't posting.

My personal view is that dismissing the psychiatrist's letter with a single sentence saying they note it (and including the primary school letter in the same sentence) is appalling. On the face of it they have decided that they are better able than a professional to judge the problems your son will face if he is not admitted to this school. The only other explanation I can see is that they think the psychiatrist was merely echoing your views rather than reporting his/her own. Having seen the contents of the letter, I believe it is clear that the psychiatrist is not simply repeating your views.

In my view this decision is Wednesbury unreasonable. I would also say that the decision letter suggests that they did not consider your evidence properly. In my view, if they are going to ignore the views of a professional the decision letter should explain why, not simply "note" the professional's views and ignore them.

I think you should definitely take this to the LGO. I rarely recommend the courts but in this case I would seriously consider judicial review if the LGO does not recommend a fresh hearing.

I have just googled the Wednesbury principle of unreasonableness.

Thank you for making me laugh! I read it to DS and he thinks it's brilliant as well. Reminds me of the infamous 'known unknowns' back in the day.

It does say what I was thinking/feeling, that is this whole process is making no sense to me. No one who I've shared all the letters etc with has disagreed. It just seems completely nonsensical. I couldn't see how, with all the evidence in front of them, they had come to the decision to say no. I was waiting on this letter thinking 'well, at least it will explain it', and then it did nothing of the kind.

I am now googling LGO's and judicial reviews.

If I do this, would you guys be able to walk me roughly through it? I'll be completely out of my depth. So any pointers would be invaluable, eg LGO's

Be back shortly....

Start with the Local Government Ombudsman. The process is very straightforward - you lodge your complaint and they investigate. It will help to send them a clear statement setting out what was wrong with the appeal process, including the decision letter. They will then get evidence from the LA, including the clerk's notes of the appeal panel's discussion, and decide what to recommend. I will be happy to help in any way I can.

The fact they have said yes to three other appellants is a huge help in arguing that their decision is unreasonable. If they had said no to everyone they would basically have been saying that the school was so full it couldn't cope with any more pupils no matter how much they needed to be admitted. However, they have accepted that the school can cope with three additional pupils. It would be extraordinary if there were three other appellants with stronger cases than yours.