Lost School Appeal - Advice Needed

[Masonj377]

Hi

i have received a letter today advising that our school appeal had been dismissed

I had quite a compelling case backed with lots of medical reports etc including clinical psychologist reports

On the day of the hearing the clerk emailed me approx 1 hour before asking me to stick to main points of my case due to time constraints. I had to cut short my verbal presentation but I had a well presented written submission which I hoped would help with times

The letter says the decision was heard on my written submission, - it was a virtual hearing ?

I don’t think my daughters circumstances were taken into consideration and I know most parents think this but I actually believe their is prejudice towards my daughter not being granted a place

Is it worth a referral to lgo?

Does your daughter have a school place?
Is it likely that any further appeal or investigation will take place before the start of term?

Unless you are not intending to send your daughter to an allocated school, I’d stay on the waiting lists for those you want and wait for a space.

I considered that when rejected last year but luckily a place came up.

Tbh i felt fucked over by primary as they knew there were issues with dd and she should have been referred in reception. Bur also they didnt support an ehcp so no.control of which secondary.

But also i would bear in mid a very oversubscibed school may not be the best one for your dc.

No my daughter had been home educated ( long backstory)
She is on waiting lists but all local schools are full, nearest available one is too far for her to travel - she is SEN but no ECHP)

She would be going into year 10 in Sept.

School have voluntarily admitted over pan for last 3 years, and plan to double pan for her year group by double for 2025 ( without making changes to building etc) this was documented in schools case.

Panel were aware no alternative school available to us. 😢

Will you continue to home school then? At least then there would be some certainty about the coming term.

You could also apply for an EHCP, but the process isn’t speedy.

I don’t have any choice but to continue there aren’t any schools with places that she could get to.

just wondered if should complain to lgo. I’m gutted for her 😢

Are you on all the waiting lists? Did you appeal for each one closer? How far is too far for her?

Yes I am on waiting list xx

My daughter was severely bullied and assaulted in primary school (stabbed in arm) - bullies attend all high schools within walking distance.

My daughter is ASD and has high anxiety - less local schools involve public transport and a walk which she would not be able to manage alone - she also needs social and emotional support and had friends in attendance at the school we appealed for.

There is no alternative school and being year 10 in Sept there’s unlikely going to be one 😕

I can't offer anything helpful about the lgo I'm afraid as I'm not familiar with the process beyond the appeal.

However, are there any schools further away from the school you have appealed which are suitable? Would you be able to drive her to a school with a place (assuming you drive)?

I do not drive - due to extreme anxiety my daughter would not willingly attend a school where she does not know anybody.

it is an academy so I need to complain through ESFA ( my error)

the decision letter does not appear to have taken my evidence including psychologist reports into consideration from the way it is worded - they also say decision was made from my written submission but we had a virtual hearing on zoom

can anyone help / advise please ?

Can anyone else offer any advice pls?

The EFSA will look at the appeal process not the actual decision. If there is a fault then the best outcome you can hope for would be a new appeal.

You mentioned a couple of procedural issues - the email from the clerk is unusual as you should have the opportunity to say everything you want to say. There is also comment in the letter about written submission.

While many parents feel that there case is stronger than the school's, the EFSA will be able to look at the clerk's notes of the hearing and to check the process. This may provide you with reassurance even if they don't find fault. If you do decide to go ahead - make sure you include the email before the hearing.

Thank you - I will include the email. The comment about the written submission threw me as it was via zoom. If I upload the letter blanking the personal details out could anyone have a look to see if they agree about the panel not taking medical reports etc into consideration - ? X

Re the panel considering the medical aspects into consideration, the letter may not mention it. However, it is possible/likely that the panel did discuss the full range of your evidence but that your letter only contained a very brief summary. The EFSA will ask for the clerk's notes which will cover the discussion of the decision making on your appeal. If there has been a full discussion and the panels reasons for their decision are in the notes, then your complaint is unlikely to be upheld. However, you won't know what has happened unless you go to the EFSA.

Thank you for explaining - I will contact the EFSA x

Hi if the EFSA were to recommend a fresh appeal hearing would it be from the same independent appeal company that the s academy chose but with a different appeal panel or would the EFSA company choose the independent appeal company and panel.

The academy used the same appeal company each year

Thank you

The ESFA does not arrange appeals. If they order a fresh hearing, it will be up to the school to arrange it. They can use the same provider but it must be a different panel.

It is down to the academy (admissions authority) to organise a fresh appeal. The EFSA do not get involved. I would expect them to use the same company but it would be a new panel and different clerk.

Thank you both - the academy always use the same company, I ve come to question how independent they actually are 😕

The company doesn't have to be independent, but the panellists must be. There are restrictions in who can serve on an appeal panel, and the ESFA can step in if you have evidence that the panel is not acting independently.

Thank you

@Scrubdowned1
Bur also they didnt support an ehcp so no.control of which secondary.
You can apply through council for EHCP and you don't need to wait for school.

@OP
and a walk which she would not be able to manage alone
Unfortunately, the transportation, way to school is almost always a lost appeal if the school they gave you is the closest one.

Hi

does anyone know roughly how long it can take the EFSA to make a decision as to whether they agree / disagree that the appeals process was / wasn’t conducted correctly ?

thank you

Given time frames of start of year 10, I would be planning the next 2 years - is some form of online school an option. Given the timing the school will have organised all the sets, if the only spaces available are in the lower sets, how would your daughter feel about this. How about options, is she going to feel about being allocated those with space? Could joining a school in year 9 be an option to allow her chance to settle back and get option choices she wants, not allocated. It is difficult for any child to join a school at the beginning of year 10 after all the groups have been worked out.

I have received this from EFSA - is this standard practice? X

Thank you for your correspondence.

I apologise for the delay in my response.

Your case is with a caseworker who is assessing all the information and producing a summary of your complaint which will be sent to you for your agreement. Once we have your agreement we will forward the summary to the academy and the clerk to the appeal panel hearing for their comments.