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Secondary education

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Another appeal issue

8 replies

Mayhemmumma · 09/06/2023 16:44

My DD school appeal was refused (the school is full, I understand this)

However there was a significant factual error on the outcome letter which I asked to be relayed to the panel and amended (the letter not the decision) The appeals administrator has refused to change the letter but said they 'agree the panel were incorrect at this time'.

They are basing an appeal decision point on an agreed error which feels really unfair.

Is it worth pursuing this? It's been exhausting.

OP posts:
MrsRickAstley · 09/06/2023 17:59

Does the decision not tell you how to take further ? It should.

Mayhemmumma · 09/06/2023 21:52

Only ombudsman route

OP posts:
PatriciaHolm · 10/06/2023 15:02

You can complain about maladministration on the part of an appeal panel to the Local Government and Social Care Ombudsman in respect of maintained schools, or the Secretary of State in respect of appeal panels for Academies - you mention ombudsman so presumably it is not an academy.

They can't change the decision, but if they find that the panel didn't "acted reasonably in exercising functions in respect of he appeals process or failed to discharge a duty in relation to that process." they can order another fresh appeal.

Mayhemmumma · 12/06/2023 21:20

Thank you that's helpful to know

OP posts:
CuriouslyDifferent · 12/06/2023 21:22

Woukd the error have made a material difference?

schooladmission · 13/06/2023 13:37

if it is in the letter - could it simply be a copy and paste error where the clerk was overtyping a letter used for another child and left some irrelevant stuff that simply doesnt relate you your child?

Mayhemmumma · 13/06/2023 19:35

No it's specific to our appeal there is still the fair enough argument that the school is full and they cant accept more pupils due to health and safety but our main concern and reason for appeal has been responded to using wrong information, hence the decision doesn't make sense.

The admissions team acknowledged 'the panel were incorrect on this occasion' but won't change decision letter or look at appeal again.

I've referred it to ombudsman, the council have also written and told me this error was discussed at the deliberation stage and says so in the letter so can't be changed- but I've read the letter 100 times and it doesn't say this. The attitude feels like they are making a decision knowingly on mistaken information but won't change it!

OP posts:
schooladmission · 13/06/2023 20:02

ah in that case your only option is the ombudsman - they are the only ones who can overturn or challenge a panel decison

The only thing you would get out of it is another appeal with a diferent panel.

really though it is the job the clerk to pull them in to line and point out if they are making illegal decisions.

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