3 Appeals for the same case = 3 different experiences

[Kalimero]

We had our final appeal hearing this week and the whole process left me confused. 3 different schools, same case but 3 different Appeal experiences.
Some Appeal panel members were very warm and chatty with great supporting questions, and some very clinical asking for yes/no answers as if we were up in a trial process. When preparing the evidence and our case, we kept in mind to argue for the school we are appealing, not against the one we got.
However, 2/3 Appeals were very focused on the school we declined, we spent 10 minutes talking about why it is not good fit. If I wasn't prepared for it, I would definitely be caught out. Also insistence on explanation why the nearest school isn't suitable- they were more focused on other schools than the one we were targeting.
Is it possible that Appeal panels make their mind up before the Appeal based on documents they read beforehand?
Also why do they ask if the child is the only child- all 3 panels asked that question- what importance does that bear?

I don’t have any experience of an appeals panel, to answer your question, but from your experience, would you recommend the process of appeal?

"Also why do they ask if the child is the only child- all 3 panels asked that question- what importance does that bear?"

Nobody can really answer that question unless you give an outline of your grounds for appeal.

"3 different schools, same case but 3 different Appeal experiences."

Panel members are independent, so will all have their own personality and focus. I find the personality and focus of the Chair in particular is quite key.

"we kept in mind to argue for the school we are appealing ... [the panel insisted] on explanation why the nearest school isn't suitable"

You are appealing for a school, but many panels will nevertheless want appellants to demonstrate why other local schools can't meet the same need. That's obvious if you appeal for School A which offers, say, Spanish, but School B that you've been offered and School C which is your closest also offer Spanish - you would expect to be queried about it. School A may have a better Spanish department in your view, but that is not a strong argument. It's exactly the same if your grounds for appeal are a perception of better (though non-specialist) SEN support, or better pastoral care, or better behaviour management. All schools have these things, some do them better than others, but that is weak argument at appeal.

I found it a crushing experience. We are desperate as we got allocated a failing school for Sen child so we had to go through this process. But since March the whole process consumed so much of life energy. Also, some panels were more kind than others. Overall I felt like being on a trial for trying to get my child into a good school that fits my child, and being judged for it. And some school representatives were very brash. I got a feeling that outcome of the Appeal purely depends on the Appeal panel, not necessarily the weight of the case.

In my experience, appeal panels will ask about siblings for a couple of reasons:

• when they're assessing how good your understanding of the schools involved is - has a sibling already attended one of them
• trying to understand any logistical barriers to specific schools re other school runs etc
• establishing the wider medical and social circumstances of the family - e.g. if a sibling has significant additional needs (e.g. a life limiting condition), many panel members will be sympathetic to an appeal if the school being appealed for is going to be logistically easier for the family or provide the child with a lot of social support due to pre-existing friendships, relatives already at the school etc.

The panel are there to weigh the best interests of your child against the disadvantage of children who've already got places at the school of admitting another child. Different panels will take different approaches, and their approach (and that of the school's representative) will also vary based on the strength of the school's case - some schools are really tight on physical space, for example, whilst others might have more room and be relatively relaxed about the prospect of a few more kids being admitted on appeal.

"I got a feeling that outcome of the Appeal purely depends on the Appeal panel, not necessarily the weight of the case."

It depends on how the appeal panel weights your case against the school's case, which will vary dependent on the personality of the appeal panel. It's all about human judgement.

They will see a lot of cases for a lot of schools so, in the back of their minds, they will probably also be weighting your case against other appellants' cases that they've seen, and weighting the school's case against other schools' cases that they've seen.

The appeals for incoming year 7 tend to be grouped, and therefore (at least in the panellists minds if not formally) weighted against each other. Assuming the school's case is robust, only a small number, if any, will win. Were your appeals grouped? If so, how many were in each group?

You haven't given much info about your case but I have never seen a case based purely on SEN win at appeal, because all schools have SEN provision. I have also never seen a case that is openly based on avoiding a 'failing' school win at appeal. The ones I've seen win have been based on exceptional medical or social circumstances.