11 Plus Appeals – Questions and Answers

Foreword by forumadmin

Not every child will be lucky enough to gain an offer of a place at their first choice school. Every year there is a proportion of very able children who due to extenuating circumstances marginally fail to perform in selective school entrance examinations to the best of their abilities. Secondly, there are children who do qualify for entry, but find that their preferred school is oversubscribed.

Parents of these children may want to consider lodging an Appeal. This can seem daunting, especially at a time when you are emotional about the outcome and perhaps conscious of those that succeeded amongst the peer group.

Dependent on the Local Education Authority, the Appeal form is usually enclosed with the results, a strict deadline for this form to be submitted applies. Parents will therefore need to make a quick informed decision whether or not to proceed.

The most significant part of the Appeal form is the Grounds of Appeal which should be based on the following:

• Academic reasons, and extenuating/mitigating circumstances (when appealing against non-qualification),
• Reasons for needing a particular school (when appealing for a place at an oversubscribed school).

On whatever grounds you elect you will need to compile supporting evidence and present your case coherently in the time allocated.

This whole process can be extremely stressful. Those of you who have followed the various threads on the 11 Plus Forum of this website will be aware of the regular contributions and sound advice from a very experienced former Appeal Panel member, Etienne.

Following numerous requests both directly to our offices and on the forum, we have persuaded Etienne to consolidate some of the frequently asked questions into an Appeal Question and Answer Section. This section will be periodically updated so we suggest that you bookmark this section.

Etienne’s Appeal Q&As – Version 8

(Disclaimer: the answers represent Etienne’s own views – others might think differently. Appeal arrangements should be more or less the same throughout the country, but parents must check carefully for any local variations. All procedures should comply with the law and the DCSF Code of Practice on Appeals)

Questions and Answers are divided up into the following sections:

• A) Appeals
• B) Appeals Against Non-Qualification
• C) Appeals For An Oversubscribed School
• D) The Dissatisfied Appellant: Going to the ombudsman
• E) Miscellaneous
• F) Abbreviations

Sections A-D are intended to provide generic information. Section E includes information that relates to particular areas, but may still be of general interest.

SECTION A: APPEALS (General Points)

Go to A. Appeals – general points, B. Appeals Against Non-Qualification, C. Appeals For An Oversubscribed School, D. The Dissatisfied Appellant, E. Miscellaneous, F. Abbreviations

A1. Introduction

The School Standards & Framework Act 1998 gives parents a statutory right of appeal against any decision made by or on behalf of the admission authority. All appeals are basically the same in that they must conform with the law and Code of Practice. The main differences are (1) how strict the panel is [success rates vary enormously], and (2) how the appeals are organised [e.g. whether non-qualification is being dealt with separately, or forms part of an appeal for an oversubscribed school – See E27 ].

a. Together with other regular contributors Sally-Anne and I are happy to try and help with specific questions in the Appeals Forum wherever possible. Without meaning to be too prescriptive, please help us by:

• Stating what area you are from, and whether your appeal is to a Local Authority or to a foundation/VA school that handles its own appeals.
• First reading the Q&As to see whether your question has already been answered.
• Looking at the Appeal stickies such as Appeal Section Guidelines : Please read before you post!
• Reading previous threads in the 11 Plus Appeals Forum to see what has already been discussed.
• Using meaningful topic titles can be a big help to other readers, e.g. “Deadline for submitting appeals in Lincolnshire”, “Question for Etienne about head teacher support”. Examples of less informative topic titles are “Appeal”, “Appeal Question”, and “Question for Etienne”.
• Giving as many relevant details as possible

b. Please be aware that any points discussed with me and Sally-Anne at any time may be used in the Q&As to assist as many other parents as possible.

c. If you are about to embark on an appeal, then you need to be aware that it is a very stressful process. Realistically the odds are against most appeals succeeding. After being bitterly disappointed at the 11+, ask yourself whether you can face the possibility of what some forum members have described as a “second hammer blow”. I suspect that most parents, provided they have some sort of a case, will choose to go ahead, otherwise they will always wonder what the outcome might have been. However, no matter how good a case you have, it is very unwise to go into an appeal expecting to win. Hope for the best, but be prepared for the worst.

d. Lastly, although the Appeals Forum provides a valuable opportunity for parents to share experiences, beware of generalising from the particular. Few parents who are successful at appeal really know why. It may be that the panel decided to give particular weight to something that hadn’t even occurred to the appellants. On the other hand, if everyone says “We wore a copper bracelet to our appeal and it worked,” it’s probably worth a try!

A2. Is there a deadline for the submission of an appeal?

There is no statutory time limit for the submission of an appeal, but Admission Authorities may well indicate a date by which papers should be submitted, so that the necessary arrangements can be planned (it could, for example, be 14 days from the receipt of the decision letter). Check carefully all the paperwork to make sure you don’t overlook any deadline, or you could miss having your appeal heard at the same time as everyone else.

A3. Do appeals always go to a hearing? Or can places sometimes be offered before the hearing date just on the submitted paperwork alone?

There is no provision for an appeal decision to be taken without a formal hearing to which parents have been invited.

What occasionally happens, however, is that pupil X decides not to take up a place. That place is then offered to pupil Y by the admission authority, using the published oversubscription criteria. Pupil Y’s appeal can then be cancelled.

Some authorities conduct an internal review to sift the borderline 11+ cases (this is not strictly speaking an “appeal”, although confusingly the phrase “head teacher appeal” is sometimes used). If successful, there is then no need to go on to a formal appeal.

A4. What is the DCSF Code of Practice on Appeals? Where can I find a copy?

This publication sets out a national framework for how appeals should be conducted.

A new Code of Practice is in force for appeals in respect of decisions on admission communicated on or after 1 March 2008.

You can find a copy here: http://www.dfes.gov.uk/sacode/

Be careful to select “School Admission Appeals Code”. At the time of writing it is the last item on the left-hand side.

A5. How is a disability defined?

The answer to all the following questions has to be “Yes”:

• Is there a clinically recognised impairment?
• Does it have adverse effects that are substantial (i.e. more than minor or trivial)?
• Are the effects long term (at least 12 months, although the effects do not have to be the same throughout)?
• Are there effects on normal day-to-day activities?

If there is a disability as defined above, and if the admission authority is aware of it, that authority has a legal duty to take reasonable steps so that the pupil is not at a substantial disadvantage when compared with other children, without justification.

I think you will need written support from an appropriate professional dealing with your child’s condition (a paediatrician, for example).

A6. Does it make a difference to the Appeals procedure if the grammar school is a Foundation school and therefore self governing?

a. The DCSF Code of Practice on Appeals applies to foundation schools as well. Parents appealing to own-admission (foundation/VA) schools need to be clear whether they are initially appealing

• just against non-qualification, or
• against non-qualification plus the possibility that the school is oversubscribed.

The paperwork should make this clear. If it doesn’t, ask for clarification!

There has in the past been evidence that some own-admission schools are not always following the correct procedures. In his special report on appeals, the ombudsman wrote:

“We have observed differences in performance between LEAs and other admission authorities … we found faults proportionately in virtually twice as many cases involving other admission authorities as compared with cases involving LEAs (39% and 20% respectively).”

It may be that big local authorities with their legal departments have more expertise when it comes to what should and shouldn’t be done (although even they make mistakes sometimes).

Because of the burden of ensuring that independent panel members are up to date with the guidance, the law and legal judgements, some own-admission schools have opted to pay the local authority to arrange the appeals process on their behalf.

b. The latest available national appeal statistics (2006-07, provisional) were published in 2008 and are available here: http://www.dcsf.gov.uk/rsgateway/DB/SFR/s000789/index.shtml

Click on download format: PDF Table 1 gives overall figures, year by year, for primary and secondary schools. Table 2 gives a breakdown of the 2006-07 figures according to type of school (community/VC, VA, foundation).

Click on the second EXCEL link: Table 3 gives figures for individual Local Authorities.

Unfortunately the Department does not publish separate figures for grammar schools, and the Local Authority figures do not show community/VC, VA, and foundation schools separately.

c. Own-admission authority schools

The term “own-admission authority schools” is used to describe self-governing bodies such as foundation and voluntary aided schools.

In 2006/2007, 39% of all local authority community and voluntary controlled secondary school appeals were successful, whereas the figure for foundation schools was 33%, and for VA schools only 26.6%.

I suspect the way in which panel members are recruited may be a factor.

The larger the organisation, the easier it is, I believe, to ensure impartiality. A big LA might have up to 100 different panel members it can call upon, with recruitment carried out, not by the Education Department, but by a completely separate department such as Legal & Democratic Services.

In most own-admission authority schools the number of available panel members is likely to be small, and when the same panel hears most of the cases, there is a risk, I suggest, that it can become “case hardened” and set in its ways.

Even when an own-admission authority school IAP is doing an excellent job, it cannot be easy to overcome the perception that it may not be entirely independent.

Some own-admission authority schools combine to form a joint appeal panel. This would seem to be a small step in the right direction, but I have long argued that the best solution would be for all own-admission authority schools to delegate responsibility for running the appeal system to the Local Authority. Some already do so. More recently the Chief Adjudicator wrote:

“Aided and foundation schools should be persuaded to use appeals tribunals run by local authorities, diocese or private companies and should not attempt to negotiate the complexity of running their own tribunals.”

The Code of Practice that took effect in 2008 published an unprecedented warning from the Secretary of State to own-admission authority schools:

“I appreciate the burden on schools of administering appeals. But it is also a concern to me that appeal panels established by own-admission authority schools are so often found failing by the Local Government Ombudsman, when they could avoid this by working together or with their local authority”

I think all own-admission authority grammar schools that handle their own appeals should voluntarily publish each year the number of appeals heard, with a breakdown of those that are successful and unsuccessful. If they do not do so, then I hope some local parents will be prepared to see whether the statistics can be obtained from the admission authority under the Freedom of Information Act. (Appeal panels themselves, as tribunals, are not subject to the Freedom of Information Act 2000.)

If it were to come to light that the success rate for a particular own-admission authority school is extremely low, then I hope unsuccessful appellants will attempt to see the minutes of their hearing under the Data Protection Act – to check, among other things, whether the decision-making appears to have been clear and fair. See section D4: The Clerk’s Notes .

(See also section E29: Appeal Statistics reported from particular areas )

A7. Our appeal has been submitted now but I am really worried that we should have included more evidence in it. Would you advise that we take anything extra with us on the day or submit it late?

If you have any further supporting evidence, it’s usually best (time permitting) to send it in with a letter asking if it could be included with your original submission. This gives the panel the opportunity to study all the papers in advance.

Otherwise take 6-7 copies with you to the appeal (3 for the panel, 1 for the clerk, 1 for the admission authority, and 1-2 for parents).

A8. How much should I write for my appeal submission?

I suggest no more than one side of A4 (plus supporting evidence). The best-presented cases are usually the most concise ones. It helps to focus attention on the key points. (See also section B21 )

A9. And how long should my oral presentation be?

I suggest 5-10 minutes maximum. It should be long enough for your key points to be clear, but not so long that the panel drown in all the detail – there are no brownie points for talking interminably! The panel have already read all the paperwork – what they need now is for you to highlight the main arguments and supporting evidence. If they want a lot more detail or clarification, they’ll ask you.

When invited to sum up, don’t take more than a minute or two. Just remind the panel very succinctly of your key points.

A10. I’m very nervous, and don’t know how I’m going to get through the hearing.

Plan exactly what you’re going to say for your presentation, and read from a script if it will help you.

Rather than attend the hearing on your own, take a relative or friend with you.

It doesn’t matter if you’re nervous. The hearing is meant to be “as informal as possible” but, inevitably, when you walk into a strange room and sit down with three panel members, an authority representative and a clerk, it can still seem intimidating. Remember that panels are used to dealing with nervous and sometimes distraught parents. It is much better to be nervous, than to be in an overconfident or aggressive frame of mind.

Panel members will not intentionally seek to do anything to add to your stress. They have to assess the evidence rigorously, but they will do their best to put you at your ease, so that you can present your case and answer questions properly. When it’s all over, even if you disagree with the result, I hope you will feel that you have been treated considerately and given a fair hearing.

A11. Is my appeal more likely to succeed if I have professional support, e.g. if I am accompanied by a solicitor or barrister? I also note that there are a number of individuals and companies that offer specialist appeals support and advice.

Unless there are some very special circumstances about your case, I do not believe that legal support at this sort of hearing would make any difference.

The appeal system was devised so that parents did not have to pay for professional advice or seek a remedy in the courts.

Even if you don’t present your case well, a good panel (and that is the vast majority of panels) will tease out the important facts.

A panel has an “enabling role” when parents find the process difficult, and will be sympathetic. On the other hand, they will see through a slick presentation and not be impressed.

My experience, when an “appeals specialist” actually came along to the hearing, was invariably that the parents would have been better off without his or her input. I can think of only one case when I was really impressed… but we would have upheld that appeal anyway!

Some “appeals specialists” claim high success rates. They might, of course, be picking and choosing their cases – and even then, a successful outcome might well be despite their efforts not because of them.

A helping hand is always welcome – but you can get that for free on this forum!

“It has always struck me that it must be very difficult to present an appeal if you are not used to presenting information to others e.g. at work. If you are used to it – it is much easier to make the points / stick to the time / not confuse yourself or others while you are at it.

I recently went to a planning committee and the woman who was speaking, opposing the application in question obviously was not used to speaking in public – got jumbled with what she wanted to say – went off at a tangent and only got half way through before being stopped. Difficult, as amongst her group of supporters, there were many who could have managed it better simply because it was part of their everyday work – also they would not have got nearly as nervous as she did.”

An education appeal hearing is not quite the same as a public meeting held by a planning committee.

It is important to understand that an appeal panel has an “enabling role”. It would have treated the woman who “got jumbled with what she wanted to say and went off at a tangent” very differently. She would have been helped, encouraged, coaxed into finishing her statement, and there might even have been an adjournment to give her time to regain composure.

Although I have given advice elsewhere in the Q&As about the written submission and the presentation, I don’t attach much importance to them. In my experience, what really matters is the Question and Answer session, and the strength of the supporting evidence.

Appeal panels are well used to dealing with parents from all sorts of backgrounds, and are actually quite good at eliciting the information they need.

I can recall parents who had written absolutely nothing for their submission (lack of literacy/understanding) and couldn’t even begin to present a coherent argument, but whose appeals were upheld thanks to strong supporting evidence from the school and patient, skilful probing from the panel. So much for presentational skills!

Where I hope this forum is of value is in explaining the process to parents, and helping them to look at their case from a different perspective.

A12. Is it a good idea to invite my local Councillor along to support my appeal?

In the past, Codes of Practice routinely advised against politicians attending. The Code has now been amended to clarify that MPs and local councillors can support parents at hearings provided that there is no conflict of interest.

If a politician is being brought along to impress the panel, then in my view parents would be better off on their own.

I used to see the occasional letter of support from an MP, but quite frankly it never told the panel anything new, and carried absolutely no weight at the decision making stage.

A13. My English is not very good

Ask in advance for an interpreter, or bring with you a friend who speaks good English.

A14. Should my child attend the hearing?

In the past, Codes of Practice routinely advised against children attending. The Code has now been amended and reads as follows:

“it is for parents to decide whether their child should attend the hearing, unless the child is an appellant.”

I would caution against bringing children (especially younger ones) to an appeal hearing – they are likely to find the proceedings extremely boring.

A15. I am interested to hear what you think of this suggestion which came from the Deputy Head at a primary where they held a meeting for parents considering appealing. It was that you may like to include a personal letter to the panel from your son/daughter.

I would strongly advise against a letter from the child. The panel would never know for certain how much input the parents had had, but the assumption would be that parents had suggested, scrutinised and checked it!

It would not be valid evidence and I do not think the panel could attach any weight to it.

A16. Is it all right to go to the appeal on your own, or does it show a united front if the partner comes along too? I just don’t want the situation whereby one starts off a sentence and the other finishes it like a well rehearsed play.

I don’t think it matters so long as you feel comfortable.

If you’re on your own, there will be no adverse assumption. The panel will think that your partner is at work, or perhaps you’re a single parent. It would do no harm to explain “My husband/wife/partner really wanted to be here, and sends apologies, but had to be at work today.”

If there are two of you at the appeal, I do think it’s important to try and plan beforehand who will do what.

Rather than attend on your own, bring a friend along. The friend doesn’t have to say anything – the panel will understand he/she is there just for company and moral support. They can also assist by taking any brief notes that you may feel that you need to help you recollect the names of panel members, questions you were asked, etc. (but I suggest they do not do so too ostentatiously – the sight of a third party, notebook in hand and pencil poised, might appear just a little threatening to a panel and lose you some sympathy!).

A17. What do you mean by presentation?? I’ve sent in the appeal forms. I didn’t have any further evidence as such. I’m getting a little worried now. I was going to attend that appeal and answer any questions they had for me. Are you trying to say that I will have to stand up and talk for a few minutes to present my case.

You will be invited to “present” your case. You don’t have to. You could just say “I have nothing to add to my written submission”. However, I don’t recommend this.

The appeal panel will already have looked at your letter of appeal in the previous 6 days – along with many others – but it’s important that you now remind them of what your case is all about.

Most people just read through their letter of appeal or something similar, and there is no need at all to stand up.

Most presentations take from a few minutes up to 5-10 minutes. Ideally they should never take more than 15 minutes.

A18. A friend has just come back from her appeal. The chairwoman appeared not to have read any of this friend’s significant medical evidence. Don’t assume they’ve either read the paperwork, or can remember what was in it.

The panel will certainly have read the written submission, but they will have had to read lots of other papers as well (perhaps hundreds!), so they need reminding about the details of the case.

Don’t be afraid to take them through your letter of appeal. It’s a good idea to refer to the supporting evidence as you go along, but make it easy for them to follow: “If you turn to such-and-such document, the first page, second paragraph …....” (pause until you see that everyone has found the right place) ”...... you’ll see that …..”

A19. What is the difference between Freedom of Information and Data Protection?

The Freedom of Information Act and the Data Protection Act are often confused.

The Freedom of Information Act (FOI) applies to non-personal information. There are exceptions to the provisions of the Act. For example, appeal panels are exempt.

The Data Protection Act (DPA) applies to personal data. Put simply, this means that the “subject” of personal data held by public authorities (i.e. your child, and by extension, you) can request that that personal data be released to them.

However, there are some permitted exceptions: www.ico.gov.uk/Home/what_we_cover/data_protection/your_rights/exempt_information.aspx

In particular, exam scripts are exempt from the DPA (although authorities can make them available at their discretion).

Schedule 7 of the DPA, says among other things that the public authority does not have to release exam/test results until five months after the “relevant day”. (The relevant day is the date on which the data controller has both a properly submitted request for information and the information itself.)

So, if you are in a situation where you are tired of waiting for the 11+ results to be announced, unless five months have elapsed after the “relevant day”, you cannot use the DPA to get hold of the results in advance of the normal date!

The Clerk’s Notes

According to the Appeals Code of Practice:

“Where a request has been made under the Data Protection Act for access to personal data contained in the records of proceedings, whether that data should be disclosed will depend on a number of factors including: the identity of the person making the request; the nature and individual circumstances of the appeal; the way in which the data is held; and the interests of any third parties identified in the data. Appeal panels or clerks may therefore wish to obtain their own legal advice before responding to such a request.”

SECTION B: APPEALS AGAINST NON-QUALIFICATION

Go to A. Appeals – general points, B. Appeals Against Non-Qualification, C. Appeals For An Oversubscribed School, D. The Dissatisfied Appellant, E. Miscellaneous, F. Abbreviations

B1. When presenting your case is it best to use your strongest ‘key point’ first or save it till last?

I honestly don’t think it will make the slightest difference. If this is a non-qualification appeal, present all your academic arguments together, and then your mitigating circumstances. Or you could do it the other way round. It’s the strength of your arguments that matters, rather than how you present them.

B2. I have a query relating to maladministration in the administration of an 11+ exam paper ………The school has email evidence, and invigilator report to support this issue. I’ve tried to find any examples of this so called “maladministration” of an exam that can be brought to bear forcefully at an appeal hearing by citing other cases which have gone before education ombudsman or the Courts, but have thus far drawn a blank.

Maladministration in this context would mean that the authority made a mistake as a result of which the pupil was denied a place to which he/she would otherwise have been entitled.

Sometimes this is easy to prove objectively. For example, if the authority has incorrectly measured the distance between home and school, the correct measurement can be compared with that of children who were offered a place under the distance criterion, and there is no difficulty in determining what should have happened.

In the case of disruption to the test arrangements, I think it would be very difficult to demonstrate objectively that, had the disruption not occurred, a particular child would definitely have passed. However, there is no reason why you should not ask the appeal panel to consider “whether the authority correctly applied the admission arrangements”.

In addition, it is most important to put forward the disruption as a “mitigating circumstance”. The closer your child was to achieving the required score, and the stronger the academic evidence of high ability, the more persuasive your case is likely to be. This is probably the best chance of winning an appeal.

B3. Would a report from an educational psychologist help at an appeal against non-qualification?

Such a report can sometimes be helpful (although it won’t be cheap!). It consists of the results of a battery of tests (usually Wechsler or BAS) and perhaps a diagnosis. The diagnosis might give some useful pointers, but the wording is often cautious (e.g. “These results could be indicative of mild dyslexia”), while a panel is probably looking for something more significant.

An EP report might provide evidence of a specific learning difficulty that has disadvantaged the child, and/or evidence of high ability. An appeal panel might wish to consider:

• whether there is a low or below average processing speed (standardised score of less than 90)
• whether there is more than 20 points difference between cognitive ability and performance (i.e. verbal and performance IQ)
• whether the working memory is sufficient for the child to be able to access the tests.
• whether the cognitive results are superior – or close to superior.

As far as the results are concerned, it’s difficult to make direct comparisons between different kinds of tests, and I think a degree of caution should be exercised. Educational psychologists’ tests are not all timed. They are administered one-to-one, often at home, but in any event in a situation likely to be more relaxed than that of a classroom where children sit the 11+. It’s disappointing that some educational psychologists do not advise parents of the margin of error associated with a single test result. There are “confidence band” tables that might say, for example, “with a score of x there is a 95% chance that the true score lies in the range 110-125”.

EP reports will be only one bit of the evidence considered by an appeal panel. Other factors, such as the closeness of the 11+ score, will be important.

I used to hear many cases involving EP reports, and it would be true to say that the majority of them did not succeed. However, those appellants whose cases were strengthened by an EP report, and were successful, will most likely think that the expense was worthwhile. Interestingly, even when the appeal is unsuccessful, parents often tell me that the EP report was money well spent (albeit rather a lot!) because they learned some useful things about their child!

If you are concerned about one particular aspect of the 11+ results (for example, an unexpectedly low result in non-verbal reasoning) it might be possible to limit the cost of an EP report considerably by asking if just this one area could be tested (using the British Ability Scales NVR tests, for example). It may not be easy to find an EP willing to do this, however, as most will probably want to give the full battery of tests.

To find a chartered educational psychologist, follow this link: www.bps.org.uk/bps/e-services/find-a-psychologist/directory.cfm

(For “work area” select “educational”)

See also B29 for an explanation of NVR .

B4. Would a very high CAT score be regarded as equivalent to an 11+ pass?

Panel members may well have been advised in their training to avoid making direct comparisons between the 11+ and other types of test. Different tests measure different things, might be carried out under different conditions, and could be standardised differently.

Beware, too, of a single isolated result. A CAT score comes with the usual “health” warning: “a pupil’s score is only an estimate of true ability …..” (GL Assessment / NFER).

“Our Primary school has stopped giving these CATs tests since they said they did not provide a very good guide as to whether a child would pass the 11+ (my youngest daughter scored 128 in year 3, 126 in year 5, but 116 in the 11+!). I think the school got tired of parents complaining to them: ‘But she got X in the CAT test. Why didn’t she pass the 11 plus?’ etc. So… treat with caution and don’t feel that taking these tests would necessarily help with 11 plus (or anything else!).” [Jed]

What helps at a selection appeal is to have as many different indicators as possible of very high academic ability (not simply above average ability). CAT scores with accompanying percentiles near the top of the range can be useful as part of the overall academic evidence.

(See also B28: What are CATs? , and B29: What is NVR? )

B5. A (probably very cynical) parent said that we don’t stand a chance at our son’s selection appeal because he is at an Independent Prep School and the panel will assume that we can just keep paying for the next 7 years. Sadly we can’t afford to – it has cost us everything we can afford to get him this far, and we only did it because our catchment primary school is absolutely awful.

Rest assured that you should not be discriminated against because your son has attended a private school. The only thing that matters is the evidence, and whether it is sufficiently compelling for a panel to be able to overturn the decision of the admission authority.

B6. How crucial will presentation be at our selection appeal?

Obviously you will try to put your case forward in the best possible light. I will give some advice on this matter, but in my experience a slick presentation makes little difference. I think most panels are sufficiently astute to be swayed not by the presentation but by their own analysis of the available facts (which is not necessarily going to be the same as the parental analysis!).

If there is any scope for presentation, then I suspect that it is better to understate rather than overstate your case. (Of course, you must still get your main points across.)

Don’t exaggerate, avoid clichés. (Panel members might be tempted to groan inwardly when they hear for the umpteenth time: “We both went to grammar school. We’re not pushy parents. We’re only here because it’s what little Johnnie wants. We wouldn’t be here if we didn’t think he could cope. We know our child better than anyone and he’s a genius. His teachers agree with us and they should know. Our older child is already at grammar school, and we think little Johnnie is a lot cleverer, so that proves our case. He wasn’t coached, and with the benefit of hindsight that was a mistake. Huge mitigating circumstances. He’s been through so much, the poor dear. Still finds time to help old ladies cross the road. A paragon of virtue. A candidate for sainthood.” (OK, I’m the one exaggerating, but you get the point.)

Be truthful. A few parents aren’t, and it’s a very high risk strategy! Attempts to embellish the truth are likely to be spotted. At best these points will carry no weight; at worst the loss of credibility in one or two aspects of the case could raise questions about the credibility of the whole case. Some panel members might be tempted to think that their role is to work out who is telling the truth and who is lying, and there is no doubt they are usually very adept at doing so.

Feel free to read your presentation word for word, or have it in front of you as a prompt. Some of the most disjointed and poorly presented cases I ever heard were when parents had only thought in general terms about what they were going to say, and on the day did a double-act, ad-libbing incoherently.

Be courteous. Come across as a very reasonable parent!

B7. What sort of questions might I be asked?

When the panel ask you questions, don’t feel threatened if the questions seem negative. There’s little point in the panel asking you about things they fully understand or agree with! For all you know they could be 95% in agreement with you, but they will still want to probe, to find out more, or to explore something that hasn’t even been mentioned.

Sometimes a question will be put to the Authority’s representative “for the record” or for the information of parents (not because the panel don’t know the answer), e.g. explain the significance of three level 5s. Sometimes (especially when all the important questions have already been put) a panel member will ask you a question of no real significance so that you don’t leave thinking “Panel Member X showed no interest at all – couldn’t even be bothered to ask me anything”! Favourite “filler” questions at a selection appeal are sometimes “What does your child do in his/her free time?”, “What did he/she say on returning home after the test?”, “Does he/she know you’re here today?”

The important questions will relate to the extenuating circumstances and academic evidence.

It’s not easy for the panel to ask you about the technicalities of the academic evidence, because that has been provided by the school, and there’s no particular reason why you should necessarily know the answers. You could be asked, as parents, for your reaction to something (“Do you think the criticisms in the maths report are fair comment?”)

Extenuating circumstances are another matter. If you have been able to list anything serious, the details are likely to come under very close scrutiny!

If nothing has been listed, the panel will probably want to check with parents (“How was he/she feeling on the day of the tests?”, “Can you think of any reason why one score was lower than the other?”)

Cases vary, of course, and if there’s anything unusual, the panel may seek to elicit further information. For example, if a child has come from abroad, they will want to try and understand what sort of schooling he/she has had.

Before the hearing, try to write down every difficult question that you think could be asked, and work out how you would respond. You’re unlikely to anticipate everything, but it might help.

During a hearing it can be very difficult for parents to work out what is in the mind of a panel. (Is this just a “filler” question they’re asking, or are they probing for something? Why are they asking so many questions? Why so few questions?”) Best not to expend energy worrying about it!

If you feel that an important aspect of your case has not been covered in questions, remember that you can also ask the Chairman and panel a question about it! For example: “I would just like to check whether you feel that you have all the information you need about the incidents that occurred in the classroom during the tests?”

B8. How does a panel decide an appeal against non-qualification? Are they influenced by the pressure on places?

If the appeal is purely against non-qualification, the panel should take no account of the pressure on places.

They are likely to apply two tests:

• Do the extenuating circumstances really explain the whole of the shortfall in marks? (Personally I don’t think the circumstances have to be overwhelming if the score is very close to the pass mark.)
• Is the overall academic evidence sufficiently compelling to indicate the child ought to have achieved a pass mark under normal circumstances? (The more indicators of very high ability, the better, as one bit of evidence is unlikely to be sufficient.)

Appeals with scores close to the pass mark are more likely to succeed, but each case is considered on its own merits. The further away from the pass mark, the stronger the case needs to be.

B9. After the LEA Representative has presented their case, parents are offered the chance to question him/her. Bearing in mind that the LEA Representative basically reads a standard statement, is it deemed worthwhile asking questions, and if so, what sort of questions should I ask? What I don’t wish to do is to ask questions just for the sake of it and in turn bore/annoy the panel. However if we don’t ask any questions will it be deemed that we have accepted the LEA’s statement and therefore our appeal collapses?

In effect, all the LEA representative is likely to say is that the pass mark was not achieved. My experience was that the vast majority of parents never asked any questions of the LEA because they had no reason to dispute this basic fact. (Some parents launch into a general attack on “the system”, but I doubt that this is appropriate for an appeal and would certainly not recommend it!)

I agree that there’s no point asking unnecessary questions. If you wish, you could quite simply say “We have no questions – we have no argument with the LEA and do understand their case.” It makes you sound very reasonable! Your appeal will not collapse as a result. After all, the point of your appeal is (in most cases) not to demonstrate that the LEA has done something incorrectly, but to persuade the panel of the strength of all the alternative academic evidence and extenuating circumstances.

B10. What sort of mitigating circumstances are likely to impress a panel at an appeal against non-qualification?

Example A: The night before the test father was taken into hospital, everybody was stressed, nobody got much sleep. There is a letter from hospital confirming that the events were traumatic. It would be reasonable to conclude that the score was affected.

Compare this with:

Example B: Grandmother in Scotland fell seriously ill 9 months ago, and has been in hospital ever since. However, subsequent school reports indicate no dip in performance: the child is doing very well indeed and is predicted three 5s in SATs. It might be reasonable to assume that the 11+ score was not affected.

B11. And what academic evidence might impress?

As many of the following academic indicators as possible:

• Good 11+ test scores (i.e. as close to the pass mark as possible).
• A head teacher who is very supportive and credible (i.e. whose support is not exaggerated and clearly over-optimistic). Also a head teacher who does not write exactly the same thing for every single appeal. His/her words will probably be scrutinised to see whether there is some sort of reference to “very high academic ability”, and any indication of something exceptional about the case.
• Encouraging SATs predictions (e.g. three level 5s, or even better, 5a’s)
• High standardised test scores from school (the higher the better, e.g. 90th+ percentile)
• Good routine academic work, in the child’s own handwriting, that has not been specially selected (e.g. exercise books for Maths, English and Science), full of complimentary remarks by the teacher about achievement.
• Previous school reports (especially if there is reference to high achievement).
• An educational psychologist’s report (this may or may not help – See B3 . Might be useful if the other academic evidence is limited).
• A reading age 1½ – 2 years above average.

B12. Any do’s and don’ts for an appeal against non-qualification?

Here are some suggestions:

• Parents sometimes seem to think that the more they write, and the more they say, the stronger their appeal. I would suggest that the best appeals can be presented on one side of A4, plus supporting evidence. The more succinct you are, the clearer your key points will be.
• Don’t spend time saying how wonderful your child is at extracurricular activities unless the panel ask you a specific question. Non-academic extracurricular activities are very unlikely to influence a panel’s decision.
• Letters of commendation from relatives, neighbours, club secretaries, sports coaches, private tutors and MPs are unlikely to influence a panel.
• “My child hasn’t been coached” rarely makes much of an impact, unless tutoring is specifically recommended by the admission authority, and you have only just moved into the area.
• Don’t spend time saying how wonderful grammar schools are. Whether a panel member believes in selection or not should have no bearing on the result of an appeal, and I would discourage parents from giving their own views about the system at a hearing.
• Do submit all your evidence in advance, or if that is not possible bring it on the day (and preferably 6 or 7 copies). It really doesn’t help to say “If you’d like a letter from my doctor I’m sure he’ll write one”!
• Do not submit project work as evidence (the panel will wonder how much of it was done by parents or downloaded from the internet!).
• Do not submit certificates (unless they relate purely to academic achievement).
• There is no point engaging someone to test your child unless they are appropriately qualified and their independence is beyond question. An appeal panel would usually expect to see a note of their qualifications and of the relevant professional body to which they belong. [Chartered Education Psychologists, for example, appear on a register, have had their qualifications checked, and are required to adhere to a code of professional conduct.]

B13. Do you know please, if Year 6 teachers are allowed to give a written statement of support to evidence a child’s ability which could be taken along on the day of the hearing? I ask this because the Head has stated that he cannot provide any further written evidence to support our appeal. Therefore, other than Year 5 SATs and old school reports, we do not have any further recent evidence of high ability to make our case stronger.

It is not unknown for Year 6 teachers to write a separate letter of support. Have a private word with the class teacher to see if he/she can do anything to help. (This could put the class teacher in a difficult position, if what you are requesting is contrary to school policy, but the worst they can do is say “No”.)

As an alternative, you could also consider getting an assessment of your child’s ability from an educational psychologist (money and time permitting!).

Whether additional information can technically be presented as late as the day of the appeal is not crystal clear. The Code of Practice says:

They [the parents] should be told that they may submit additional information any time up to the hearing but that, if they provide anything new too close to the hearing date which the panel thinks may be significant, the panel may need to adjourn to allow all parties the opportunity to consider it.

It might be worth checking with whoever is organising your appeal to see if they have a view about this, but in practice, I’ve never heard of parents being denied the opportunity to submit additional information after lodging their appeal. As far as the day of the hearing is concerned, if you were to turn up with six copies of some strong new academic evidence that you had only just received, I think the panel would be wise either to accept it or to ask for an adjournment to have time to consider it. Otherwise I believe you might have grounds for a complaint to the ombudsman.

B14. We are going to take a barrister who specialises in educational law with us as our son who is dyslexic and missed passing by 2 marks but the LEA refused him any reasonable adjustments (even though he gets this in all other exams) and there was a disruption in the exam that our headmaster failed to mention in his first appeal. The school our son has been allocated only offers single award science, and the grammar school we are appealing to offers all 3 sciences to GCSE. Our son is on the gifted and talented register for science, attends a science club for gifted and talented children, and wants to be a scientist when he leaves school). My questions are should we fight our appeal on all these points or just focus on the fact that he was discriminated against? Should we let the barrister do all the talking or should I contribute too? Also do you think this case has a chance of winning.

I think disability discrimination could just be one of those areas where it might be useful to have legal representation, unless you are confident that you understand the legislation.

When you say “should we fight our appeal on all these points or just focus on the fact that he was discriminated against?”, I take it that the three points are:

1. disability discrimination
2. mitigating circumstances (+ academic evidence)
3. reasons for needing a particular school (science)

Now, it seems clear to me that you should certainly argue both points one and two, because if you are unsuccessful in getting your appeal upheld on disability discrimination grounds, you will still want the panel to consider disability as a mitigating circumstance to explain why the pass mark was not achieved.

If this is purely an appeal against the 11+ result, then I have reservations about point three (assuming that you will go to a separate two-stage transfer appeal if your 11+ appeal is upheld and your preferred school is oversubscribed). Personally I would very briefly refer to the science issue, but not dwell on it too long for fear that it will be considered irrelevant in the context of an 11+ appeal. You could say, disarmingly, to the panel “I realise this may not be a matter you can take account of, but the reason this 11+ appeal is so crucial to us is …....). Of course, you must refer to science in the context of the gifted/talented register under point 2 above, as this is important evidence of academic ability.

Do I think the case stands a chance of winning? I don’t know enough about the extent of your son’s dyslexia, or how serious the disruptive incident was, but you do have some good points to make: only two marks short, the fact that extra time is already permitted in all other exams, the disruptive incident, the gifted and talented register. In my view it certainly stands a chance.

B15. My daughter took a late 11+ test when we moved into the area. She failed with by just two marks, which seems unfair as she is very bright academically. She is a very sensitive and caring girl and I really feel we under-estimated the pressure of the move and sitting the 11+ test which all took place within a month. As my other children currently attend schools out of county, on the night before both tests they had to stay with relatives so that we could get to the testing venue by 9:10am. In hindsight I think this all added to the pressure. I want to appeal but am unsure if pressure and exam nerves will be considered extenuating circumstances.

I’m afraid exam nerves and pressure are all too often put forward as extenuating circumstances, and probably won’t carry a great deal of weight unless there is some sort of objective proof as opposed to supposition. The disruption of the move may help here – not usually a strong argument, unless you can prove how upset she was, but this may not matter when the score was so close.

I think you might just have enough in the way of extenuating circumstances to explain a gap of only two marks. If you could also point convincingly to previous occasions when your daughter’s sensitivity has been so extreme as to be a real problem, it would be something extra in your favour.

B16. My friend’s daughter took her test in April and had her results this weekend. They are very disappointed and not sure what to do next. Her score was 8 points below the required mark. The child is bright and attends a very good school and was predicted to get a very high score. Hence the disappointment! It just does not add up (looking at her results from practice papers and school report etc.). Is it worth appealing?

It’s not surprising when there’s a mismatch between the standard of schoolwork and the results of a reasoning test. They measure different things. As for practice tests, whether or not the most appropriate ones were used, the less pressurised conditions under which they were done, and the lack of standardisation tables, make comparisons difficult.

Whether or not it is worth appealing depends entirely on the strength of the case you can put forward. The further away from the pass mark, the stronger the case needs to be.

B17. I would like to warn everyone that attending an appeal is quite hard going, Obviously you may have different people to me, but they don’t make you feel at ease. I have never been in court, but I felt like I was. I would also make sure that you go through all the ‘evidence’ you sent as they may have missed some very important facts (as I felt my panel had). They also asked me questions that made me feel like a bad parent because I did not know the answers, like ‘did your child finish the paper?’.

I was very sorry to hear that you found the experience so distressing. Panels do have a “quasi-judicial function” to perform, and although they are meant to try to put parents at their ease, even so there’s inevitably a lot of stress and pressure associated with an appeal. (Some panels, of course, will handle this situation better than others.)

Moreover, parents react in different ways. You say you felt like a bad parent because you didn’t know the answer to the question “Did your child finish the paper?” It is quite understandable that a parent, under stress, might react in this way, but this, of course, was not the intention of the questioner. ‘Did your child finish the paper?’ is a perfectly reasonable question that is often asked.

As for the panel missing some very important facts, please see section A18 .

B18. Have seen this mentioned before. Can anyone clarify what a Head teachers appeal is? Do all counties have these?

The use of the word “appeal” in this context is confusing. Some authorities have what is technically a non-statutory review. It is in effect an “optional extra”, a review of (usually) borderline cases, which takes place before the formal appeals process. In Kent it is called a head teacher assessment. In North Yorkshire it is the independent selection review panel. In the Wirral, I think, it is the independent assessment board. In Buckinghamshire it used to be the review panel (but Bucks abandoned it several years ago).

Do not confuse a non-statutory review with a formal appeal heard by an independent appeal panel which is strictly regulated by the DCSF Code of Practice on Appeals.

Important! Where a local review has taken place, your rights could be seriously curtailed because the Code now says that, provided the review was fair, consistent and objective, no other issues can be considered at appeal.

This change was introduced in the Code of Practice that came into force for appeals in respect of decisions on admission communicated on or after 1 March 2008. It seemed very unfair suddenly to change the rules mid-way through the 2007/08 process, when arrangements for reviews were already in hand. It might not have mattered if there were an equivalence between a review and an appeal, – but we know that most reviews are more limited and less transparent than an appeal. Moreover an appeal panel is independent – a review is an internal LA procedure, and arguably not independent.

When you receive the appeal papers, check carefully to see whether you are informed in advance that this is to be a key issue at the hearing, and whether the authority’s written case attempts to justify the review as being fair, consistent, and objective.

Some admission authorities in 2007/08 (e.g. in Lincolnshire) readily conceded that their internal reviews could not be considered “fair, consistent and objective”. (In Kent, I believe, the LA took the view that theirs was an “assessment” rather than a review, and part of the 11+ process!)

Of those authorities that didn’t concede the argument, some lost at the appeal hearing, and some were later overruled by the ombudsman.

Be warned that the scope of a LA review might be strictly limited. In Medway, for example, “Your child’s primary school will be asked to provide work in maths, science and English and this will be reviewed by a panel. Supplementary material supplied by parents or other agencies will not be admissible.” Unless you are confident of succeeding on this basis, and have the support of your current headteacher, it would be safer to opt for an appeal (without a review) where you are allowed to put forward other academic evidence or extenuating circumstances.

I believe Medway is one of those authorities where the review is a key issue at any appeal, so in determining whether their review is fair, one question to be asked is: “Does the review panel consist of subject specialists in English, Maths and Science with recent experience of year 7 at grammar school?”

By contrast, the North Yorks review is so wide-ranging ( “we will ask the head teacher of your child’s school to provide a report and additional information on your child. The independent selection review panel will consider this information, together with all the other evidence you provide.” ) that I suspect it could be difficult to arrive at consistent judgements.

B19. I am moving back from abroad, and my daughter has taken the 11+, achieving a score 3 marks below what is required. My appeal will be based on the fact that living abroad in countries such as Thailand for many years will not expose a child to a decent range of “British English” as required to succeed with UK based VR. Instead one is exposed more to international (American) English. If we had stayed in the UK where constant exposure to British English would have been the norm, it is most likely she would have achieved a qualifying score. I would be grateful for your opinion as to whether you feel the basis for my appeal is reasonable and likely to succeed. I would just add that the head teacher does recommend my daughter as suitable for grammar school.

I think what usually matters is the totality of the evidence, and at the moment my honest opinion is that more might be needed.

Are you able to produce a VR paper, and say “Look at question X – a child with American English would clearly be at a disadvantage”? Two or three such examples would be very useful indeed.

It is worth mentioning at the appeal the issue of the range of vocabulary. A panel is likely to accept that it is a disadvantage, but the extent of the disadvantage is difficult to quantify.

I’m not sure what academic evidence you will be putting forward (not easy to establish when coming from abroad). A good school report will help, but it is difficult for an appeal panel to know objectively how the standard of work compares with that of a local school. How would you prove that your daughter’s current school has very high standards? The more evidence you have of the school’s academic reputation, preferably in writing, the better.

I note that you have the head teacher’s support, but there is bound to be a question mark over how well a foreign-based school understands the standard required for the 11+.

Time and money permitting, a report from a qualified educational psychologist (using WISC or BAS tests) could provide useful additional evidence, especially if the outcome is very favourable (e.g. results at the 90th+ percentile).

B20. My son sat the 11+ in a neighbouring authority, and we are now going to appeal. The head teacher at the current school says that he is unable to support us because our local authority is opposed to selection and has instructed its schools not to co-operate in any 11+ procedures. What academic evidence can we provide? And what sort of extenuating circumstances might the panel be looking for?

I’m afraid this does happen. Put together as much academic evidence as you can: above average KS1 results, some excellent school reports, and exercise books showing a very high standard of work will all help. As in the case above, an educational psychologist’s report might provide valuable additional evidence. You need as many different indicators of high ability as possible – no single thing on its own is likely to be regarded as equivalent to an 11+ pass.

The best extenuating circumstances are those that can be “proved”. Was there also a temporary dip in school performance at the time? Did the school phone you up to say ‘Little Johnnie seems very upset at the moment, and isn’t concentrating on his work’? Ideally you need the school to confirm that schoolwork was affected, which in your case they may or may not be willing to do. It’s worth asking them because, writing a note to confirm that a child’s work was temporarily affected, is not the same as writing a letter of support for selective education.

School Records (with acknowledgements to Sally-Anne)

Remember that, under the Data Protection Act, you have a legal right to your child’s school record. In the first instance, it’s best just to ask to see the record. If the school doesn’t co-operate fully, the following makes clear what your rights are.

“Technical Guidance Note – Access to personal information held by schools in England.”

http://www.ico.gov.uk/tools_and_resources/document_library/data_protection.aspx

The following extract is relevant: bq. under the Education (Pupil Information) (England) Regulations 2005, referred to here as the Regulations, a parent has the right to access their child’s educational record. Under the subject access right parents will only be able to see all the information about their child when the child is unable to act on their own behalf or gives their consent.

Who has responsibility for requests for information? bq. Under the Regulations, requests from parents to view their child’s educational record should be dealt with by the Board of Governors. All other requests for personal information from the pupil, or someone acting on their behalf, should be dealt with by the school. In practical terms this will make little difference in dealing with requests. However, it is important that requests for personal information are passed to the appropriate person as soon as possible after the request is received.

Requests for information from pupils, or parents, for information that contains, wholly or partly, an educational record must receive a response within 15 school days.

Unless a parent simply asks to see the official educational record under the Regulations, schools and authorities are entitled to receive any fee first.

The scale of charges for a copy of the record is shown further down. Note that the correct approach is actually to make your request to the Governors, not the Head. I suggest that you copy the Head though, because the clock will need to start ticking as quickly as possible.

B21. Could you provide a specimen letter of appeal? I hear that a really good letter will improve our chances.

There have been a number of requests for a specimen letter for an appeal against non-qualification. I’ve thought long and hard about this, but hesitate to provide anything too detailed because:

• I think the whole concept that anyone’s chances can be enhanced by copying or adapting a detailed specimen letter is deeply flawed. I do not believe that the quality of a written submission makes the slightest difference to the outcome of an appeal, except perhaps when parents do not attend the hearing (but even then the focus is likely to be on supporting written evidence (e.g. letters from head teacher, GP, etc.).
• Having said that, I will offer the following general advice:
  • Use your own words; stay calm; write simply, briefly and to the point.
  • Don’t try to impress the panel (“We have spoken to our MP,” “We both have higher degrees,” “My father, who is a professor of Education …..”)
  • Be as factual as possible. Avoid emotional phrases like “We were shocked at such an unexpected result”, “Our child should be given the place he/she so richly deserves”.
  • No one is going to object if you adopt the following simple format:
    • a. Begin courteously “We should be grateful if the panel would consider the following points.”
    • b. This could be followed by a paragraph headed “Extenuating Circumstances” (e.g. “Just before to the 11+ ………”, “Please see the letter from our GP confirming that …….”)
    • c. There should then be a paragraph headed “Academic Evidence” (“Please see the statement of support from the head teacher, and also the letter …….”)
      • Let the evidence speak for itself – no need to give a blow by blow account.
      • Avoid lecturing the panel (“Our child’s SATs predictions are above the nationally expected level”).
    • d. Conclude courteously “Thank you for taking the time to consider our appeal.”

At the hearing you will have the opportunity to expand on your case and to respond to detailed questioning. It is this (along with the written supporting evidence) that will determine the outcome of your appeal.

PS. After much arm-twisting from forum members, I have now drafted a specimen letter for an appeal against non-qualification. It appears in the Miscellaneous section (E11 ), and relates to Buckinghamshire, but could be adapted for other authorities. Please note that for some authorities it will also be necessary at this point in time to give reasons for wanting a particular school. See section E27 . See also section C2 .

B22. Is it a good idea to submit VR practice papers, and practice SATs papers, as evidence?

I doubt whether the results of VR practice papers would be considered valid evidence, unless they have been officially marked and standardised.

I don’t think most panels would be happy to interpret SATs marks, and to accept that a “practice” was done under test conditions, without confirmation from the school. The view is likely to be “If the school wishes to comment on current performance or to provide/update KS2 predictions, it should notify us officially”.

However, if there’s a useful comment on the paper from the teacher (e.g. “level 5, test conditions, well done!”), I see no harm in showing the panel a few examples that your child has already been working at level 5.

B23. Do we need to mention how our child scored at KS1 in our presentation?

I’d be inclined not to mention KS1 in your presentation. (It won’t do any harm if the results were good, but I wouldn’t want to over-emphasise.)

A panel will not be very interested in what happened as far back as year 2. The KS1 results only really become relevant when parents say “We’ve had ongoing extenuating circumstances for the past three years”. A panel might then be interested to see how the child was performing before all the problems started. Another reason for going back to the early years might be if there is a lack of recent evidence.

It would be a good idea to have the official KS1 results with you at the appeal – just in case anyone asks.

B24. This site has provided fantastic information and guidance over the past few weeks which I thank you for. Although there is a lot of information I could not find any information about twins going through the 11+.

If this is an appeal purely against non-qualification, then a twin’s case has to be decided strictly on its own particular merits, irrespective of the other twin. The criteria remain the same:

1. Are the extenuating circumstances sufficient to explain the shortfall in marks?
2. If so, is the overall academic evidence sufficient to indicate that under normal circumstances the child should have passed?

Generally speaking, the further away from the pass mark, the less likely the appeal is to succeed.

Having a twin is more relevant when appealing for a place at a particular school that is oversubscribed. (“They couldn’t bear to be parted,” “It would be logistically difficult for us to get them to two different schools,” “Here is a letter of support from our GP warning of the emotional consequences of splitting them up”, etc.) Sadly, these are not issues that can really be considered at an appeal focusing purely on non-qualification.

See the next main section (Section C) for advice on appealing for a place at an oversubscribed school.

B25. The main argument in my case will be that my son was not well when he sat the 11+.

Unless your son became unexpectedly unwell during the test, and told the teacher supervising, then this will not impress. If you decided to send your child in to school, the assumption has to be that he was in a fit state.

Too often panels hear the argument “With the benefit of hindsight we shouldn’t have allowed him to take the test, but he pleaded with us not to postpone it. He desperately wanted to be with his friends. We had to let him do what he wanted.”

A child who is not fit to attend school must NOT be allowed to sit the test. If parents want to abrogate their responsibilities, and then appeal on this basis, they should not be surprised if a panel perceives this to be an abuse of the system.

B26. Do children successful at appeal go on to cope well at grammar school? A small part of me wonders if my son will be OK at grammar school as he didn’t get the required 11+ score.

As Guest55 has often posted, very many successful appeal children cope extremely well at GS. Whether it is because the system is flawed and they always deserved the place, or whether it is because, having initially been denied a place, they are more motivated, no one knows. (Sally-Anne)

I am a teacher. I have only once found a problem with a pupil that got in on appeal – overcoached by a private school – stuck out like a thumb from day one.

I have quoted elsewhere a pupil who succeeded at appeal that got 4 As at A level and went to a top medical school – one of the most able pupils I have taught! (Guest55)

I have only anecdotal evidence, but it all suggests – without exception – that children successful on appeal are treated no differently by their fellow pupils (or by teachers). (Etienne)

I felt the same way, after going all out to appeal. I think it’s natural to feel that way – after all, the 11+ is designed to pick out the brightest kids. But ask yourself this:

How many children who passed the 11 plus would have got through on appeal? – An appeal where you have to show consistent high grades and strong evidence that your child will cope well at grammar school.

I think appeal children have to prove themselves more – but that’s my opinion.

DD said nobody would ever ask each other their scores, I think it’s just accepted that you’re in grammar school, therefore you must have passed the exam.

Besides, aren’t there more important things to talk about at High school when you’re 11/12? I mean, who would still be talking about the 11+ exam months later?

Little story for you:

DD’s friend (of sorts) who passed with flying colours, and rubbed my DD’s nose in it, is really struggling.

DD on the other hand has made me so proud with the A1 grades she keeps getting, (She isn’t satisfied – apparently she wants an A*!) and HT awards. She has made lots of wonderful new friends and has been picked for various school sports teams.

Most important of all, though, is she is extremely happy.

It just goes to show that if you truly believe in your heart that your child belongs in a grammar school, you have to go with it for all it’s worth. (Appeal Mum)

I am a teacher at a grammar school with responsibilities for monitoring pupils. I have access to vrq scores, SATs scores and GCSE/AS/A level exams. I have witnessed several boys win appeals who have gone on to read, for example physics or maths, at Oxbridge.

Out of my own interest, for years 7 and 8, I spend a good deal of time analysing school exam results and comparing them with entry vrqs. Being as professional and confidential as I can I have also made enquiries as to whether pupils were tutored and/or went to private junior schools.

In our school about 80% of pupils were either tutored, went to private junior schools or both.

All I have come up with is not that surprising; it is the best I have. Generally then:

Many pupils who score high vrqs rarely gone on to shine as one might predict. Yes they are good but no better than most.

Those who have not been tutored tend to do better than might be expected based on their vrq

Those who were tutored and have low vrqs tend to struggle.

Those who were tutored and get in on appeal struggle the most.

Those who had no tutoring and get in on appeal tend to do fine.

Please treat all of this with great caution. There are many exceptions! (White Knight)

B27. Some panel questions translated (with acknowledgements to Sally-Anne)

Was your child tutored? = Did she fail despite months of preparation?

How did she seem on the day of the exam (before/after)? = Was there any illness or other cause for concern that could have affected the result?

Did she finish the test? = Did she just get a few questions wrong, or was it that she didn’t even get to the end of the paper? Implications about the speed at which she works.

What books is she reading? = Is she reading age-appropriate material or anything well above her age level?

How will she cope with fast paced GS? = Can she keep up – as for finishing the test?

What will happen if the appeal is unsuccessful? = Consequences for the child of turning the Appeal down, wanting to know what alternative offer there is.

B28. What are CATs?

The Cognitive Abilities Test (CAT): The third edition (CAT3) was published in June 2001. The complete series of tests, from levels A to H, cover the age range 7 years 6 months to 17 years. Level D is the level taken by most Y7 students. Levels G & H which take the test to Y11-Y13 were published in September 2003. Roughly 70% of all secondary schools use CAT to assess their pupils on entry to Y7, and approximately 25% also test in Y9. Many primary schools also use CAT, predominantly in Y4. Approximately one-third of LEAs use CAT strategically across all their schools. Three-quarters of customers, and nearly all secondary schools, use the computer-scoring service provided by GL Assessment / nferNelson.

What does CAT measure?

CAT is actually nine tests grouped into three batteries which assess a pupil’s ability to reason with and manipulate the three different types of symbols that play a substantial role in human thinking:

• verbal – thinking with words
• quantitative – thinking with numbers
• non-verbal – thinking with shape and space.

CAT scores indicate general transferable abilities, such as the ability to recognise similarities, analogies, patterns and relationships, all fundamental to understanding and assimilating new information. They are designed specifically to minimise the role of prior learning and can therefore provide an indication of potential. They differ from the national tests (or SATs) which indicate attainment in some core areas of the curriculum and reflect how well pupils have acquired and retained specific knowledge in these areas.

How are scores reported?

For easy comparison, pupils’ raw scores are converted to standard age scores (SAS), stanines and percentiles. Figure 1 shows the link between these different scores.

• Standard ages scores (SAS) have a mean of 100 and a standard deviation of 15, which shows how widely spread the data are around the mean of 100. Around two-thirds of pupils in the national age group will score between 85 and 115 (up to one standard deviation away from the mean on each side), 95% score between 70 and 130 (up to two standard deviations from the mean) and 99% score between 60 and 140. The upper and lower quartiles of the distribution are an SAS of 90 or below (bottom 26%) and 111 or above (top 26%) respectively.
• Stanines, short for “standard nines”, are nine summary score bands ranging from 1 (lowest) to 9 (highest). The table below shows the percentage of pupils expected in each stanine if the school has a national average intake.
• National percentile rank (NPR) shows the percentage of pupils nationally who obtain a SAS at or below a particular score. An NPR of 50 represents the 50th percentile, which is the median for the age group.

Description /Stanine /Percentage of pupils / Corresponding percentile (NPR) / Corresponding standard age score (SAS)

Code:

Description	St	% pupils	percentile	score
Very high	9	4	97+	127+
Above av.	8	7	90-96	119-126
Above av.	7	12	78-89	112-118
Average	6	17	59-77	104-111
Average	5	20	41-58	97-103
Average	4	17	23-40	89-96
Below av.	3	12	12-22	82-88
Below av.	2	7	5-11	74-81
Very low	1	4	4-	73-

B29. What is NVR?

A Non-Verbal Reasoning Test provides a measure of reasoning ability that is relatively unaffected by verbal skills. NVR specifically identifies ability towards science, engineering and mathematics. This is thought to be a more all round indicator for high potential in these fields than a specific mathematics test. The test also helps to identify high ability in pupils where English is not their first language.

B30. “The whole process is too subjective. How can it be that these people – who’ve never even met my child – decide his/her future in this way?”

The appeal process cannot possibly be 100% objective. Some schools do not do SATs. Some schools do not do CATs. Some schools are over-optimistic. Some heads – outside the LA – refuse to co-operate. Some parents show school reports, some don’t. Some parents bring school work, some don’t. Sometimes the academic evidence is contradictory.

No set of criteria could encompass all the possibilities, and there’s plenty of scope for subjective judgement. I have been posing the following question on the forum for some years: “How many marks allowance would you make for a ‘much loved grandparent’ who died a week before the tests? How about two weeks before the test? Three weeks? Four weeks? (The really difficult bit, of course, is that different children react in different ways, so please come up with a workable solution.)” No one has yet offered a definitive answer!

If you want a more objective, more transparent system, you already have it – it’s called the 11+. The 11+ provides rough justice (because no testing system is perfect), but it’s very clinical. There are no arguments. You reach the qualifying score or you don’t. There is no discretion.

The appeals system also provides rough justice (because it can never be a clinical exercise). I suspect that it does come up with the right answer in the majority of cases, but it doesn’t work for everyone. Borderline cases are particularly difficult.

Think of an appeals panel as a bit like a jury consisting of three ordinary people. They are not meant to be experts (although at least one of them must have a background in education). They are not allowed to do their own assessment of the child. They are there to judge the evidence. Your task as the appellant is to convince at least a majority of the panel that your child should be deemed qualified.

(See also E24)

SECTION C: APPEALS FOR AN OVERSUBSCRIBED SCHOOL

Go to A. Appeals – general points, B. Appeals Against Non-Qualification, C. Appeals For An Oversubscribed School, D. The Dissatisfied Appellant, E. Miscellaneous, F. Abbreviations

C1. What happens at stage one of an appeal for an oversubscribed school?

When parents are appealing for a place at an oversubscribed school, at what is known as “Stage One” the admission authority has to present its case in front of the panel and parents. The panel has to be satisfied that the authority has a case (i.e. the school is full, and the admission of an extra pupil will be prejudicial). From the parents’ perspective, of course, the difference between 30 pupils in a class and 31 may not seem particularly significant, but the line has to be drawn somewhere! I think panels are likely to look very closely at cases where the class size is below 30, although this might well be justified by the physical constraints of the accommodation. More often than not, the admission authority is able to satisfy the panel that it has a case, and the appeal moves on to “Stage 2” where the outcome will usually depend on the strength of the parents’ case relative to the strength of the school’s case.

C2. Please explain the second stage of an appeal for an oversubscribed school.

a. At Stage 2 the panel will want to hear your reasons for the school in question, and why no other school would really do. Reasons will probably include one or more of the following:

• It’s the catchment school.
• Although not in catchment you live very close to the school.
• Getting to any suitable alternative school would be logistically difficult (you would have to prove this, and I think the degree of inconvenience would have to be very considerable indeed).
• There is a sibling already there.
• Other family members are attending or have attended the school (perhaps not a strong point but worth a mention).
• There are strong educational reasons (I don’t mean a preference for a type of school such as a grammar school – I mean something specific on offer at this particular school which is not available at any suitable alternative. You would need to prove why this is so crucial).
• There are strong medical or social reasons why your child needs to attend this particular school. These are often the most compelling reasons, but you will need proof, and you will need to demonstrate convincingly why only this school is the solution.

b. Stage 2 is sometimes called the “balancing stage”. The panel weighs up the problem that the admission of an extra child would cause the school, and compares that with the strength of the parental case. The side with the stronger case wins. You could have a strong case but lose the appeal because the panel decides the school case is even stronger! You could have a weak case but win your appeal because the school case is even weaker!

Another factor that might influence the result is the number of appeals being heard at the same time. If you are appealing for a very popular school immediately after what is known as “National Allocations Day” (allocation letters are posted on 1st March, or the first working day thereafter), there could be 20, 30 or even 40+ cases to be heard. These are often arranged as “multiple appeals”, and no decision is taken on any individual case until all the timely appeals have been heard. After hearing the timely appeals, the panel (and it has to be the same panel!) has to decide in each case whether the parental case outweighs the prejudice to the school.

Panel members then have to consider whether the school could cope with that number of (potentially) successful appeals. If they decide the school could not cope, they put all the cases in what they judge to be order of merit, and starting with the strongest they work their way down the list asking the question: where does the greater prejudice lie? If they think the prejudice to the child would be greater than the prejudice to the school, then a place is offered. (Each time they admit an extra pupil, of course, the prejudice to the school has become greater, and they will be conscious of this as they move on to take their decision on the next case.)

One further point: at every transfer appeal the panel has to consider whether or not the authority has correctly applied the admission arrangements. Sometimes parents point to a mistake made by the authority and claim “maladministration”. This carries no weight, however, unless it can be shown that the family was therefore denied the school place to which they would otherwise have been entitled. This does not often happen! But, if there really has been “maladministration” on the part of the admission authority, then the appeal is automatically upheld and there is no balancing stage.

C3. My Local Authority denies having received my Common Application Form, and says that I will miss the first round of allocations. I am now having to appeal for the school we want.

I’m afraid the onus is on you to prove that you sent it. Did you send it by recorded delivery? Did you request a receipt?

Everyone should take great care in all their dealings with officialdom. When making phone calls to the admission authority, make a note of the date and time, what was said, and who you spoke to. Try to get everything confirmed in writing or by email. Keep copies of all correspondence.

It’s no use turning up at an appeal much later on and claiming “I spoke to someone at County Hall round about a couple of months ago. Can’t remember who it was, but they guaranteed there’d be no problem with the school place ….... I’ve been misled. It’s maladministration!”

Here is an example of how things can go very wrong. This case didn’t get as far as an appeal, but it does serve to emphasise the importance of keeping a very careful record of all phone calls etc.

1. At the time of CAF submission there was a strong possibility that we would be relocating to X authority.
2. We contacted both X authority and X grammar school and explained the situation. Both advised us to put our local schools as normal and then to add X grammar school at the end of the list.
3. Daughter took exam in Nov for X grammar school, received results letter in Dec. She passed the exam and the letter stated that they would be putting my daughter’s name forward to X LEA. It also stated that when offers came through we would have to inform our local authority that we would not be taking the place offered locally.
4. On 2 March received no letter from X authority. Wife rang the school and they said that our daughter’s name was not on the list that they had received from X authority and we should speak to them as they deal with places. Rang X authority and they said that they had no record of my daughter. We would have to get in touch with our local authority, as they may not have sent a copy of the CAF.
5. Spoke to our local authority. They confirmed that they had sent the CAF. The person actually remembered the application because it was unusual to have a school so far away on an application.
6. Went back to X authority and informed them that we had spoken to our local authority and they had confirmed that they had sent details. Also told X authority that we had also sent a copy of our CAF to them in October (as advised at the time of application). We were told that a place shouldn’t be a problem as the school usually has reserve places and that we should contact the school directly and let them know we had spoken to X authority.
7. Contacted school on Mon 5 March. Initially they said that we probably didn’t receive offer because we are out of area. Explained to them that our application hadn’t even been considered as X authority have no details of daughter. School then said that as all offer letters have gone out there is nothing they can do until all responses are received to offers (closing date of 23 March).
8. Went back to X authority and they said they would contact school directly.
9. Called X authority later that day and were told that they were trying to contact our local authority. Called towards the end of the day, again, and were informed that they had contacted our local authority and were satisified that our local authority had sent details and that this has been communicated to the school. We should contact school again.
10. Rang school a number of times on Tuesday 6 March. Each time were told that they (the school) had contacted our local authority themselves and were waiting for a response.
11. Rang school on Wed 7 March and received same response. Wife then rang our local authority herself and was told that they had spoken to X authority on Monday and had clarified everything with them. Also they had not been contacted by the school directly and in any case would not deal with schools directly but with the LEA concerned.
12. Rang school again and told them that we had just spoken to our local authority and were told that the school was actually waiting on X authority for a response.
13. Rang X authority and they confirmed again that they had spoken to our local authority and cleared everything on Monday. However, school is not happy to accept what X authority are telling them and want proof from our local authority. X authority had spoken to our local authority and they had agreed to send documentary evidence. My wife mentioned again that we had sent a copy of our CAF to X authority when we had applied. Apparently X authority hadn’t thought of checking for that. They checked and have found the copy of the CAF that we had sent them. They have faxed this to the school.
14. We will contact X authority and the school again today (and see which garden path they are going to lead us up today…)

Update:

Wife spoke to X authority yesterday and found that the person we had been dealing with had actually gone on annual leave. The person who she spoke to said my wife should deal with them now. My wife explained the situation and the person just wasn’t prepared to listen. Kept repeating that it just wasn’t possible for records to go missing and there was nothing that could be done. Fortunately, my wife had the name of the manager (of the first person we had spoken to) and asked to speak to him. He was busy but did ring back, and fortunately, was aware of our case.

Just reiterates your advice to get details of all you speak to (as well as additional contacts) and to be persistent.

Wife spoke to the school yesterday evening and …...... they have agreed to reserve a place for my daughter. They will keep the place until such time as we move into the area. Have asked for written confirmation (will believe it only when we see it, given what has happened to us so far).

If this bureaucratic nightmare had gone to appeal, the record of phone calls (with dates, times, and names of persons spoken to) would have been very useful evidence, and I think it likely that a panel would have been very sympathetic!

C4. My friend’s grounds for appeal are that her child needs a stable environment because she had had very unsettling past few years (parents separation + dad not being allowed direct contact with her daughter). She needs to move on to the same school as her friends. Would an appeal panel take these Extenuating circumstances into account?

An appeal panel would certainly consider your friend’s social reasons, but sadly the circumstances you describe are quite common.

I think your friend would need to demonstrate how seriously her daughter has been affected by the parental separation, and just how important the support of her peer group will be.

Is the daughter shy, nervous, and clearly needing the support of friends? Were the effects of the separation apparent to her present school or the GP? If so, the school and the GP should be asked if they would provide written evidence.

Sorry to say this, but the worse the circumstances surrounding the separation were, the stronger the case could be. (Panels are sometimes shown reports from police, social services, child guidance …).

C5. If a parent got an application in a couple of days late and because of that was offered a school 15 miles away, despite having a sibling at the local school would an appeal tribunal be sympathetic?

I think the answer is “not necessarily”! Deadlines are deadlines, but if the parent could show that there was good reason for the late application (e.g. illness) and that there will be serious problems if the children are at different schools, the case would stand a better chance.

C6. Can a school that has gone over its admission number admit another child (without the child’s parents submitting an appeal)?

Yes, it is legally possible in limited circumstances.

“Once an admission number has been set by the admission authority, schools should not admit children above the published number unless the school and the local authority agree that admitting above that number will not adversely affect the school in the longer term and will not have a detrimental effect on neighbouring schools. A school can make representations to the local authority (or the Secretary of State in the case of an Academy) to admit above their published admission number. They should submit their request before 31 January in the offer year, at which time the local authority needs to know where places will be allocated as part of their co-ordinated scheme. Additionally, requests can be made after national offer day. Children can also be admitted above the published admission number as part of fair access protocols (see Chapter 3) or as a transitional measure in the case of a closing school ….. In the case of maintained schools, the local authority, as the strategic commissioner of school places, has the final decision over whether a school can admit above its published admission number. For Academies the final decision rests with the Secretary of State. Admission authorities must consider the overall effect on the school in continually admitting over the admission number and where they admit more than a total of 26 children above their admission number in any three year period, they must determine a higher admission number at the next opportunity. Admitting above the admission number does not amount to an increase in the school’s admission number which can only be changed via the determination of admission arrangements or once determined, for a maintained school, via a referral to the Schools Adjudicator.”

At an appeal, where it can be seen that the school has exceeded its admission number, it’s perfectly reasonable to ask at stage 1 for an explanation.

C7. What is the situation regarding applications for a place in a different year group?

Although most children will be admitted to a school within their own age group, from time to time parents seek places outside their normal age group for gifted and talented children, or those who have experienced problems or missed part of a year, for example due to ill health. Admission authorities must make decisions on the basis of the circumstances of each case. Parents refused an application for a place at the school have a statutory right of appeal, but this does not apply if parents are offered a place other than the year group in which they applied for.

C8. At the hearing can I argue that the school took 5 over PAN two years ago?

You can – but I assume this was as the result of successful appeals, in which case the school will simply point out “We had no choice in the matter”. Unless there’s an obvious flaw in the authority’s case for oversubscription, it’s usually best to come across as a very reasonable parent, accepting that the authority does have a case, but countering with reasons why you need a place. See Section C2 b .

C9. Should an ‘Out of County’ application be treated the same as an ‘Out of Catchment’ one?

Yes (assuming that the catchment area doesn’t cross the county boundary).

The Greenwich Judgement of 1989 established that LA schools may not give priority to children simply because of the fact that they live in the authority’s administrative area. (This does not mean that admission authorities cannot use certain oversubscription criteria, such as the catchment area rule which is permitted under the Rotherham judgement of 1997.)

So, there’s a distinction between “Who can apply?” (the answer is anyone. There must be no discrimination), and “What happens if the school is full?” (Preference can be given to children in the catchment area, but not to children in the rest of the LA’s administrative area.)

C10. Common mistakes

When you appeal, you are effectively appealing for a school, rather than against one. It is better to make positive points about the school you want than to spend all your time criticising the school you don’t want!

Another common mistake when appealing for a particular grammar school (having already qualified at the 11+), is to focus on the need for a grammar school place rather than on this particular grammar school.

It’s amazing how often the answer to the question “Have you ever visited the school?” is “No”. (Some parents reply hesitantly “Well, I’ve seen the school …...” – The next question, of course, is “Do you mean you’ve driven past it?”) Appeal panels tend not to like it when parents haven’t even taken the trouble to visit the school (assuming that they could have done so).

C11. My child cannot bear to be parted from friends.

I do understand how upsetting it can be to be separated from friends (initially at least). The problem is appeal panels hear this all the time – “His/her best friend is going there,” or “His/her friends are all going there”, and it ceases to carry much weight, especially when it’s usually difficult for a panel to establish the facts. If there’s evidence that the support of friends is needed for some particularly good reason, and there’s some hard evidence, that’s another matter.

You could try asking the class teacher to comment in a letter on the friendship issue – even if there is no overwhelmingly strong reason, it would help to have the facts confirmed, and might just help tip the balance.

C12. How long a journey is reasonable?

54. Best practice suggests that the maximum each way length of journey for a child of primary school age might be considered to be 45 minutes; whilst a child of secondary school age might be expected to travel up to 75 minutes each way Similarly, a child’s special educational needs and/or disability might be such that it implies a shorter maximum journey time. [DFES “Home to School Travel and Transport Guidance” 1997]

This is not a statutory requirement, but it is nevertheless a useful indicator of what might be considered reasonable.

C13. What is meant by “Net Capacity” in the school’s case? Can I argue that there has been some additional building?

The number of pupils admitted to a school is based on the net capacity of the school. This is a physical measurement of the facilities that are available. From the net capacity, which equates to the total number of pupils that it is deemed the school can hold, the PAN is derived for the number of pupils for each year group (although the precise admission number can be modified by agreement, if there is a good reason). So the probability is that if there has been a very recent new build, then it may not have been included within the net capacity figure.

By all means ask questions at an appeal hearing about any new buildings, but do not base your case on generalised, non-specific assertions (“There have been some new buildings, so it follows that there must be extra capacity”). If you really want to go down this road, you need to have established the hard facts. What are the buildings for, and are they replacements or additions? (The school prospectus or web site might shed some light).

If they are classrooms or science labs, then this might really help your case if the buildings are so recent that the PAN has not been updated. However, if they are ICT suites or a swimming pool or drama studio etc., then they do not count as much in the net capacity calculation. And, if they are simply replacement buildings of the same size, then they do not count at all!

C14. If school says it cannot fit more than 28 pupils in class, not enough desks and chairs, four form entry = 112 pupils, but their own info says that in Y8 there are 118 pupils (2 groups 29, 2 groups 30) does this not contradict their argument, i.e. they must have enough desks and chairs for them all?

It’s not the number of desks that determines the number of pupils, but the net capacity assessment. There has to be an entitlement to a certain amount of free space in a room (not least for the teacher to be able to move round, and for any equipment in use).

Based on the size and type of room, the net capacity shows how many pupils can reasonably be accommodated.

I assume the figures you mention are the result of successful appeals. In this situation, the school has no choice but to cope as best it can and to squeeze in some extra desks if it can.

If you’d like to get into the finer points of net capacity, you can find out all about it here – but it’s not exactly light reading! http://www.dcsf.gov.uk/netcapacity/

C15. Why does the school case include the number of children with special needs?

The school case may be considered stronger if there is an above average number of children with special needs, especially if they are in the year group being appealed for. Wheelchairs, teaching assistants, for example, would affect the amount of space available.

Special educational needs are broadly defined as any child needing extra help in a range of areas including schoolwork, socialising or behaviour. A school usually formally has to agree that a child has special needs.

In January 2007, 229,100 (2.8%) pupils across all schools in England had special educational needs statements, a slight fall compared with 2006. A statement is written if the child is assessed by the local authority as needing help beyond the capabilities of the school, and is reviewed annually.

There were more than 1.3 million pupils with special needs who did not have official statements in 2007, representing 16.4% of pupils across all schools, the figures showed. This is an increase from 15.7% a year earlier.

There are more special needs pupils without statements in primary schools (17.7%) than secondary schools (16.2%).

C16. If the parental application was not fraudulent, can an LA withdraw a place it has offered in error?

The law is not entirely clear here, but the length of time that passes before the place is withdrawn seems to be significant.

The following precedents may be of interest (but come without guarantees!):

R v Beatrix Potter School (1997)

The head offered a place in error, and the LA withdrew it the same day. Parents appealed to the High Court on grounds of “legitimate expectation” of a place. High Court refused the appeal (and the place) as the offer was withdrawn the same day.

Ombudsman complaint 99/C/1876

Head offered 5 places. LEA withdrew them after 3 days. Ombudsman decided in this case the delay was too long, and amounted to maladminstration. Places confirmed.

Once a child has started at a school, the Admissions Code says:

1.44 A school place must not be withdrawn once a child has started at the school, except where that place was fraudulently obtained.

SECTION D: THE DISSATISFIED APPELLANT (Going to the Ombudsman)

Go to A. Appeals – general points, B. Appeals Against Non-Qualification, C. Appeals For An Oversubscribed School, D. The Dissatisfied Appellant, E. Miscellaneous, F. Abbreviations

D1. Our appeal was unsuccessful on a score 6 points below the qualifying mark and huge mitigating circumstances, high recommendations from 2 head teachers and forecast of 3 level 5s. They tried to say to us that the mitigating circumstances hadn’t affected our son’s school work, so why had they affected his 11+ score. They also said that 3 level 5s is no indication of suitability for grammar school. It all seems to be a very unfair system and we felt that the panel had made up their mind before we went in there. We went to the ombudsman but were not successful.

I can understand the feelings expressed. Those whose appeals are not upheld (especially when they think they have a good case) find the system unfair, whereas those who succeed probably think panels are “the best thing since sliced bread”!

With regard to three predicted 5s, it depends on exactly what was said and by whom (panel or authority representative). It would be fair enough to mention “they measure something different from the 11+”. In addition, level 5 does cover a wide range of achievement. Only a few heads go so far as to specify whether they anticipate 5a, 5b, or 5c, and even if they do, panels cannot be sure of the reliability of the predictions. Personally I think three predicted 5s are encouraging evidence, but inconclusive.

There is absolutely no truth in the suggestion that a panel would have “made up its mind” beforehand. Having been present at very many appeals, I never once met a panel member who arrived with a closed mind. Of course, panel members are required to read all the papers in advance, will have noted any weak or strong points about the case, and will want to test the arguments. But what was striking was how often one could be swayed during the course of a hearing, or how agonising the final decision could be. The most unsatisfactory cases were those where parents (for whatever reason) were unable to attend.

D2. What can I do if I think the panel’s 11+ appeal decision is wrong?

The answer is, probably, not very much.

The decision of the appeal panel is meant to be binding. It is meant to be the final stage of the process.

D3. What about the ombudsman?

As a matter of law the ombudsman cannot question the merits of a panel’s decision, provided that it has been arrived at properly. He will only act if there was a fault in the process leading up to the decision, and that fault was so significant as to cause an injustice.

Appellants sometimes complain that the panel took no notice of their “huge mitigating circumstances” or “strong academic evidence”. On investigation, however, it often becomes clear that the panel did indeed consider these points, but decided either that the circumstances did not fully explain the shortfall in marks, or that the academic evidence was not sufficiently persuasive. Provided that the panel has properly considered all the arguments, the ombudsman will take the view that they were entitled to reach the decision they did.

It usually takes months for the ombudsman to reach his decision, and, if you are successful, you will be offered a re-hearing in front of a different panel. The majority of complaints do not succeed.

If you have serious concerns about how your case was handled, I suggest you make a complaint in the first instance to the office that organised the appeals. Local Authorities in particular may have an internal procedure whereby they will check whether the correct procedures were followed, and respond relatively speedily. If you remain dissatisfied, you still have the option of taking your case to the ombudsman.

To sum up:

1. There has to be significant procedural fault. The ombudsman is not there to reconsider your case just because you disagree with the decision.
2. It is usually a very long process.
3. A written complaint to the appeals office, stating why you believe your case was handled incorrectly, will probably result in a quicker investigation which may be sufficient to satisfy you.

You have a year in which to complain to the ombudsman (not that I would suggest leaving it that long ).

This link might be of interest: http://www.lgo.org.uk/complain.htm

Note also:

From 1 April 2008, there is a new advice service – the LGO Advice Team. “You can call an adviser, who will listen to you and say whether we can consider your complaint. If we can the adviser will take down the details, explain our role and tell you what will happen next. To contact them, please call 0845 602 1983 or 024 7682 1960 (please note that calls may be recorded for training and quality purposes). The service is available from 8.30am to 5.00pm, Monday to Friday.”

D4. The Clerk’s Notes

Before making a complaint, it is worth seeing whether you can get hold of a copy of the clerk’s notes. These are not meant to be a verbatim record of the appeal, but they should include all the important points. The advantage in having sight of the notes is that you may discover things that strengthen your complaint.

Write to whoever organised the appeal, stating that you wish to request a copy of the clerk’s notes under the data protection act, and include payment of the appropriate fee, which is usually £10 (the maximum permitted). It has to be done in exactly this way (but you could make preliminary contact to check whether they will comply and what the fee will be).

According to the Code of Practice:

“Where a request has been made under the Data Protection Act for access to personal data contained in the records of proceedings, whether that data should be disclosed will depend on a number of factors including: the identity of the person making the request; the nature and individual circumstances of the appeal; the way in which the data is held; and the interests of any third parties identified in the data. Appeal panels or clerks may therefore wish to obtain their own legal advice before responding to such a request.”

The Authority may be able to refuse access to the notes on purely technical grounds. If so, I would ask them to put their refusal in writing, together with their reasons.

I would then:

• Complain to the Information Commissioner about lack of access to the notes (to check whether the admission authority is indeed acting legally).
• Complain to the Ombudsman about those aspects of the appeal that appeared unfair (also drawing attention to the lack of transparency).

The ombudsman will almost certainly ask to see the clerk’s notes if he decides to investigate the complaint. He has the powers of a high court judge, and the authority cannot refuse his request for the notes.

My experience was that the ombudsman (London office) routinely sent a copy of the clerk’s notes to the complainant in due course in the interests of transparency. There are, if I recall correctly, three different ombudsman offices for different parts of the country, but I would hope they would all have the same policy. (Sadly one recent case mentioned on the forum suggests this may not always be so.)

SECTION E: MISCELLANEOUS (information specific to particular areas)

Go to A. Appeals – general points, B. Appeals Against Non-Qualification, C. Appeals For An Oversubscribed School, D. The Dissatisfied Appellant, E. Miscellaneous, F. Abbreviations

E1. Hertfordshire appeals:

• http://www.hertsdirect.org/scholearn/appeal/appealpanels0708/
• http://www.hertsdirect.org/infobase/docs/pdfstore/asr0607.pdf

E2. Is it worth mentioning at a Bucks appeal my son’s good result in the Slough 11+?

It won’t do any harm to mention it, but the official view would be that the two tests are different and cannot be directly compared.

E3. We are out of county. Children who took tests in their own schools took them on 4 and 11 October. However ours took theirs on 10 and 11 October because the test papers did not arrive on time from the LEA. In fact, we all received calls late afternoon on the day before the first test. We think this has had an adverse impact on the child’s preparation and performance.

It’s not ideal. It’s very unlikely to count as “maladministration”, but is worth a mention at appeal, especially if the score was very close to the pass mark.

“You may be interested to know that some authorities administer the exam over one day only. My daughter will be taking her test tomorrow in Newport, Shropshire (help!). This consists of 2×1 hour verbal reasoning tests in the space of 3 hours and I know that some other LEAs also do this, so perhaps a short time between papers will have no impact on your appeal.”

“We go one better than that in Devon: my son has just taken the 11+ here which consisted of a 50 minute VR paper, a 50 minute Maths paper and finally 50 min English paper taken in one morning, 9.00-12.30pm!! He was quite tired afterwards!”

Interesting to hear about what happens in Shropshire and Devon. Children are obviously made of sterner stuff over there!

I recall a case some years ago about a late 11+, administered by the child’s own school in May. The child was made to sit the 11+ papers in the morning, and a national SATs test in the afternoon!

E4. Previous to this year Lincolnshire did not give out the 11 plus results until mid February so it was too late for any appeals to be heard before allocation day. There really is not a good reason why appeals against non-qualification could not be heard earlier now, so that all candidates would have an equal chance at allocation stage. One thing which probably makes change a bit harder in Lincolnshire is the fact that we have a large number of foundation schools each with their own admissions policy, so the county council cannot bring in across the board changes as easily as a place like Bucks where most of the schools are under the direct control of the council (am I right?).

When the 1st March national allocation day was introduced, Bucks to their credit brought everything forward (a major task, because they have around 900 11+ appeals to cope with!). 11+ results are issued late November, appeals are submitted during the first half of December, and hearings take place January/February.

On the whole it’s worked very well, and successful timely appellants have been included in the first round of grammar school allocations.

Disadvantages?

1. The internal review of borderline and other cases had to be abolished because there wasn’t time.
2. Some parents of children who had qualified immediately felt a bit aggrieved that they didn’t have priority over those qualifying via appeal. (In my view if you’re qualified, you’re qualified!)
3. Some parents found it difficult to focus on submitting an appeal at such a busy time of year (end of term/lead-up to Christmas). However, starting in 2006 the 11+ results have been announced a week earlier.

There are a couple of foundation grammar schools in Bucks, but the LEA handles the whole 11+ process, guarantees a grammar school place to in-county children who qualify (though not necessarily at their preferred school), and deals with all the appeals against non-qualification. Foundation grammar schools take over appeals only for over-subscription.

E5. If we go to appeal in Lincolnshire, will it just be the school we are ‘fighting’ or will it include our local authority?

Some grammar schools in Lincolnshire, such as Queen Elizabeth’s, Gainsborough, are under local authority control. However, if the school you are interested in is a foundation grammar school and its own admission authority, then your appeal would be against the school.

E6. Does this mean that if the school is Foundation, and the appeal would be against the school, you would stand a better chance than against the LA?

Taking the country as a whole, the statistics suggest that there tends to be a much better chance with local authority panels. Have a look at: section A5.

E7. My niece is half Spanish and lived in Spain until her family moved to the UK halfway through year 4. She had been educated in Catalan until then, and , although her father is English and the intention was to bring her up trilingual (Spanish, English and Catalan) in reality the language in the home was Spanish, and her English, although very good, was by no means perfect when she arrived in the UK. It has improved hugely, but it is still not perfect. She took the Kent 11+ in January, and her parents are wondering how much weight the appeals panel would give to the language issue should she fail. I am just incredibly impressed that she could even take on the VR test – it’s hard enough for native speakers!

I think it would depend how close to the pass mark she is, and on whether her English is inadequate for the 11+. There should be evidence to confirm that, although improving rapidly, her English puts her at a disadvantage in the 11+ (e.g. a report from the school, her English exercise book, her KS2 prediction). There should also be alternative evidence of very high ability (e.g. predicted level 5s for Maths and Science, strong head teacher support, good school reports).

“This is a very live issue in Lincolnshire at the moment as quite large numbers of European migrants have settled here in the last few years. There is concern that the children are not able to access the Grammar schools in the selective areas of the county because their lack of English bars them from succeeding in the tests. We are waiting to see what the response to this issue will be.” [Alex]

In my experience the most problematic appeals were for children recently arrived from abroad with little or no previous knowledge of English. It can take at least three years before they are ready to face the 11+. Appeal panels will find it difficult to uphold appeals in such cases when there is an absence of any meaningful alternative evidence of high ability. It is difficult for a panel to know objectively how the standard of work at the previous foreign school compares with that of a local school. How is it possible to prove that the foreign school has very high standards? Any evidence of the foreign school’s academic reputation, preferably in writing, would be useful, together with an official translation of the child’s reports.

E8. Experience of a Kent appeal (with acknowledgements to Correll)

I had my son’s appeal for entry in a Kent Grammar yesterday and have a few observations for those still preparing for your appeal:

The Panel were very relaxed and will give you a very fair hearing – don’t worry about speaking slowly or reading word for word. I think they understand it is a nerve racking experience and don’t expect an impassioned speech without resorting to notes.

The LEA officer will basically say your child failed so can’t have a place. At the end he/she will say the LEA is sympathetic to you but you can’t have a place. It’s a scripted thing.

When asked to state your case, just run through each point – if you are presenting academic info then try and relate this to how it shows your child is capable of thriving in a grammar school. Also if, say, your child did very well on one paper but less on others you really have to focus on this weakness and explain why they may have scored so low or how the other evidence you present illustrates ability in this area. I think this is the key.

For example, if you had a low non verbal reasoning score try to explain for example how attainment in maths and science in fact points to a high ability in these areas, it being my understanding that this test is used as a predictor of a child’s ability to absorb and understand new concepts in these subjects.

I did mention the unpalatable school alternatives (in fact as I mentioned one school I noticed one panel member smile and nod her head). However they did explain that they cannot take this into the account as the appeal is whether your child should be admitted to a grammar school not that the other schools may be rubbish.

You will get questions from the panel – mine asked about my son’s character and interests and were really just asked out of politeness.

You are given the chance to summarise at the end – make your points briefly but firmly.

Generally if you get nervous don’t panic – I am confident that the panel are assessing your case not your performance!

E9. What is the Bucks “Headteacher Recommendation”?

a. Introduction

As far as I know, Bucks is the only authority to grade candidates in advance of the 11+ as part of the official process.

The “Order of Suitability” has been abolished for the October 2008 11+. This means that candidates will no longer be ranked in order of merit, nor will head teachers be required to estimate 11+ scores.

In future each candidate will simply be given a recommendation for academic potential, and a grade for attitude to work.

Before the results of the 11+ are published in late November, head teachers are asked to rate candidates’ ability as follows:

1= exceptionally highly recommended 2= highly recommended 3= recommended with reservations 4= not recommended for grammar school

and to categorise attitude to work as follows:

1=Self-starter. Independent worker. Consistent. Highly motivated 2=Independent. Hardworking. Reliable 3=Output varies 4=Lacks self organisation, requires support

This is a requirement for heads of Buckinghamshire LA schools and for partner schools. For all other schools it is optional. The deadline for heads to submit this information for the October 2008 11+ is 7th November 2008.

At the time of writing, further information can be found in the headteachers’ manual here: https://schoolsweb.buckscc.gov.uk/schools/leadership_and_management/admissions/manuals.asp

b. How will this information be presented to the appeal panels?

The LA will use the recommendation gradings for the children to provide an individual and school summary grid at the appeal stage. They will incorporate this onto a sheet titled ‘School Summary – Selection Appeals, Year of Entry …..’ Along with the grid, the LA will pre-populate the ‘School Summary – Selection Appeals, Year of Entry …..’ sheet with the most recent SAT results for the school, and some contextual information (Acorn data) about the intake of the school.

Appeal panels will be told the total number of children recommended under each heading, and how many of those children qualified.

All of this information will be made available to parents appealing and to panel members 7-10 days before the appeal hearing.

Head teachers cannot alter their original recommendations. What they might be able to do, in exceptional cases, is to indicate that things have changed. For example, they might be able to write in January a letter saying “There has been a marked improvement in Mary’s work recently and we would now rate her as a 2:1” (2 for academic potential, 1 for attitude to work).

c. My son has a “3” recommendation for academic potential. In your experience do you think it is going to be a major issue?

Well, it’s an issue. Certainly panels like to see a “1” or a “2” – or a very good explanation why not.

d. Interpreting the Headteacher Recommendations

When you receive your Appeal papers for Bucks (about a week before the hearing) you will also receive a summary of all the Headteacher Recommendations for your school – assuming this is a Bucks Primary or Partner School. This will show the correlation between the recommendations and which children qualified. It is one tool which might be used by panels to gauge how reliable the Head’s assessment of the children is.

If you wish to discuss on the forum, we shall need the following information:

• How many children had a 1:1 (a 1 recommendation, and a 1 for attitude)?
  How many of these qualified?
• How many children had a 1:2 (a 1 recommendation, and a 2 for attitude)?
  How many of these qualified?
• How many children had a 1:3 (a 1 recommendation, and a 3 for attitude)?
  How many of these qualified?
• How many children had a 2:1 (a 2 recommendation, and a 1 for attitude)?
  How many of these qualified?
• How many children had a 2:2 (a 2 recommendation, and a 2 for attitude)?
  How many of these qualified?
• How many children had a 3:1 (a 3 recommendation, and a 1 for attitude)?
  How many of these qualified?

Please post all 6 categories, regardless of where your child is on the list – the overall picture is what we need to see – and use the format from the following example, where the figures are given as “number recommended (number qualified)”:

• 1:1 6(6)
• 1:2 4(3)
• 1:3 3(3)
• 2:1 7(5)
• 2:2 8(3)
• 3:1 9(2)

Remember that officially there is now meant to be no direct link between recommendation and score. (Under the old system, a “1” recommendation meant a predicted score of 131-141, and a “2” meant a prediction of 121-130.)

If there is a significant mismatch between recommendations and qualifications, the school could now argue “We never expected most of these children to qualify, but nevertheless we do believe them to be suitable for grammar school.”

All the same, it is not without significance that the number of “successful” recommendations is being revealed. It gives an indication of how realistic headteachers are.

It shouldn’t be necessary for everyone to post their HTR summaries on the forum. Here is a very rough guide to interpreting the figures.

On average one might expect around 80% of a school’s “1” recommendations to have qualified, and perhaps around 40-50% of the “2” recommendations.

It is of course for the panel to decide what they think of a head’s recommendations, but our view would be:

ABOVE AVERAGE RESULTS – we would be inclined to trust what the head says.

AVERAGE TO BELOW AVERAGE RESULTS – difficult to draw firm conclusions (it doesn’t help your case, but doesn’t necessarily spoil it).

One or two final points -

At the hearing parents would not normally be asked to comment on the “accuracy” of the head’s recommendations.

Percentages can be a bit misleading when the number involved is very small.

For example, if a headteacher recommends just three pupils, the only possible success rates are 0%, 33.3%, 66.6% and 100% – nothing in between! In reality the difference between one child qualifying (a 33.3% success rate) and two (a 66.6% success rate) is slight.

The important thing is that ideally there should be no huge number of unsuccessful recommendations (especially “1s”).

Moreover, if in the above example the head gave everyone a “2” recommendation, and none qualified, they might have been rather borderline candidates, expected to score around 121, so these recommendations could have been quite realistic. It would be more concerning if all three had been given a “1” recommendation – that might be harder to explain away!

E10. I believe the headteacher recommendations at our Bucks school were done according to the CATs test at which our son did well in both verbal and quantitative but his average overall score was low due to a low non verbal score.

If the head really based the school’s rankings on a single overall CAT score, I am almost speechless!

It would have made a bit more sense to use just the CAT VR score, which fits better with the format of the Bucks 11+. Even that is not advisable. The instructions to head teachers state “it is not possible to directly translate a test score in another test to the 11+”. A single test is not reliable. In fact CAT results come with a warning from GL Assessment / NFER: “a pupil’s score is only an estimate of true ability ….........”

E11. Letter of Appeal for Mary in Buckinghamshire

Note the clear layout below (introduction + academic points + extenuating circumstances + conclusion)

Note the brevity (less than a side of A4)

It’s rather good, isn’t it?

Notice any flaws?

(If the long list of academic evidence makes you lose heart, bear in mind the possibility that Mary might be fictitious …….)

Dear Members of the Panel

We would be grateful if you would consider this appeal for our daughter Mary on the following grounds:

Academic Evidence

• Attained 119 and 118 in the 11+
• Recommended as a “2”, and expected to pass with 121-130 by school
• “Very strongly” supported by the head teacher.
• High grades for achievement – please see attached copy of last report.
• VR scores of 126 (=96th percentile) in 2006, and 123 (=93rd percentile) in 2005 – please see Alternative Test Scores in the head teacher’s statement. [1]
• Level 3 for KS1 SATs
• Predicted high level 5s for KS2 in English, Maths and Science
• Top group for Maths and English (in a high performing school) [2]
• A well-rounded character. Sociable. Actively participates in church youth group, local swimming club, etc. Junior chess champion. [3]
• We, and the school, and indeed Mary herself feel that she is more than suitable to be considered for a Grammar school placement and that she would have no trouble in achieving and maintaining the academic standard required. [4]

Extenuating Circumstances

• Mary’s grandfather died at the beginning of July. This was obviously an upsetting time for the whole family, and did not help in the lead-up to the 11+. [5]
• Mary felt under a great deal of pressure to do well in the exams because her elder sister is already attending grammar school. [6] Knowing our children as we do, we have absolutely no doubt that Mary is actually much brighter than her sister. [7]

To sum up, we do feel very strongly that she is definitely grammar school material and that the structure and ethos of a Grammar will provide her with the best possible educational opportunities. We also believe that the reasons outlined above provide an adequate explanation as to why she fell short of the pass mark by such a small margin. [8]

Thank you for taking the time to consider our appeal, we look forward to meeting with you and answering your questions.

¹ Good to see at least two alternative VR scores scores – that shows consistency.

² Useful to have a context for “top sets”, but only include the bit in brackets if it can be justified. The panel will have statistics showing how well the school has done at the 11+. If more than a third of the children qualified, it’s above average. The panel might also know how well the school has been performing at KS2 relative to other Bucks schools – is it in the top 50%?)

³ Should be omitted, apart from “junior chess champion”. Focus solely on the two criteria: academic points and extenuating circumstances. Anything else is a distraction, unless it’s an intellectual pursuit.

⁴ Should be omitted. The school can speak for itself. Parents’ and Mary’s views are not evidence and don’t count! It’s for the panel to decide.

⁵ Three months before the 11? Any evidence that schoolwork deteriorated?

⁶ Sibling rivalry is understandable – but difficult to prove.

⁷ There’s no point in forcefully asserting things. This isn’t evidence.

⁸ Yet more assertions! With weak extenuating circumstances, some cautious humility might be appropriate, e.g. “We hope you would be prepared to take the view that these extenuating circumstances are sufficient to explain a gap of only two marks”. (I would only use the phrase “gap of only two marks” for 119. Otherwise: “shortfall in marks”. (Sometimes parents talk about a gap of “only six marks”! Every point difference could represent many hundreds of children. The Richter scale comes to mind!)

The extenuating circumstances in Mary’s case are weak because there’s no evidence. With scores of 119 and 118, however, this might not matter too much. The academic evidence is certainly very strong.

I think it very likely “Mary”’s appeal will succeed!

As I’ve written elsewhere, I wouldn’t attach huge importance to the letter of appeal. The supporting evidence, and the questioning at the appeal, are likely to be what really counts.

Just in case anyone was thinking of using a size 8 font to pack as much as possible into a page of A4, the “Letter of Appeal for Mary” is about 340 words long, and I’ve suggested removing certain phrases, so the final version will be shorter.

The simpler you can make your case, the better, because (including all the evidence) a panel might have hundreds of pages of paperwork to get through in just one day of appeals. Don’t let the panel drown in too much detail. List your key arguments with bullet points, and make reference as appropriate to the supporting evidence (“See letter from …. dated …...”) for further information.

Remember you’ll have the opportunity to answer questions and go into more detail at the appeal itself, so it’s not as if all the points you think might be worth a mention will not be considered.

E12. What schoolwork should be submitted for an 11+ appeal in Bucks?

Some parents arrive with boxes of exercise books, folders, models, poems, bound projects, etc. I can just hear the panel inwardly groaning! There simply isn’t time, and it’s not necessary.

If the work is good, that fact should be reflected in the school’s comments (there is a space on the head teacher’s form for remarks on curriculum areas).

My advice would be to take exercise books for the core subjects (English, Maths and Science) with you on the day – unless the evidence is incriminating!!! Remember that the panel will only have a few minutes to glance at school work.

Photocopies of schoolwork are positively discouraged because they are not always clear.

Personally I am not a fan of “post-it” notes to highlight good pages in school workbooks. I do not like the idea of specially selected pieces of work in principle. “Post-it” notes might actually encourage some panel members to browse elsewhere! Other panel members may take a different view – but even so, if you do make use of “post-it” notes, I suggest you don’t overdo them as too much “clutter” can get in the way when panel members are trying quickly to get an overall impression of the standard of work.

“I have just looked over my son’s textbooks this weekend with a view to taking them into the appeal. I am worried about a few negative comments and am thinking that at what point do I make the decision that they will do more harm than good?”

It rather depends what the “negative comments” are. If they are along the lines “insufficient effort”, “careless writing”, but provide evidence of high achievement, I wouldn’t worry.

E13. Useful links for Buckinghamshire: (correct at time of writing)

• Headteachers 11+ manual
• Admission to secondary schools
• Late transfer process
• Appeals
• Sally-Anne’s Q&As for the 12+/13+

E14. I found this site invaluable when preparing for our Bucks appeal for our daughter. Her VRTS was 118, she is ranked 10 (out of 31) in her school with all children ranked above her passing their 11+, and 4 ranked below her also having passed. She was recommended as a “1”, and exceptionally strongly supported by her head teacher. In addition we took in schoolwork evidence to show that she is currently working to a 5B level in her Maths and English. Our extenuating circumstances were that we had moved to Bucks at Easter in 2006 and then bought and moved to our current house in the September whilst the familiarisation for the 11+ was taking place at school, and that there was significant disruption in her life during that time. I am sad to say that even with the extremely strong academic support, our case was unsuccessful.

a. There’s quite a lot we don’t know about this case: what the other 11+ score was, how realistic the head’s recommendations were (e.g. what percentage of the “1”s actually scored 131-141? what percentage of the “2”s actually scored 121-130?), whether the school was officially predicting three 5s or even high level 5s, what other standardised VR scores such as CATs were available, exactly how the head’s statement of support was worded with reference to academic potential, which quartile for English and Maths (and in what sort of year group?), what school reports revealed in terms of achievement grades, what evidence supported the extenuating circumstances …..........

It wouldn’t be fair to expect people to go into too much detail publicly about their cases, but even if all the above points were satisfactorily covered, there might still have been other evidence that swayed the panel one way rather than another.

If both scores were 118, then I think this might have been a very borderline case, and borderline cases are usually the ones that could go either way. Absolute consistency is not possible when panels have to make very difficult judgements such as “To what extent did the extenuating circumstances affect this child, bearing in mind the score achieved?”

The ombudsman would fully accept that two different panels could come to different conclusions about the same case, especially a very borderline one. What matters, from the ombudsman’s point of view, is that all of the evidence has been properly considered, and that the decision is a reasoned one.

b. It might be worth asking for a copy of the Clerk’s Notes. This is possible in Bucks. (Parents in other areas will need to check with whoever organised their appeal).

Write to the Appeals Team at County Hall, Aylesbury, enclosing a cheque made payable to BCC for ten pounds, requesting a copy of the clerk’s notes “under the Data Protection Act”. (It has to be done precisely in this way.) It will probably take a week or so.

This should at least enable you to find out more about why the panel arrived at the decision it did.

If you disagree with the panel, then I’m afraid there’s absolutely nothing you can do about that.

On the other hand, if the panel did something wrong (failed to take account of an important bit of evidence, for example), there might be grounds for taking matters further.

E15. Are there any figures for complaints to the ombudsman regarding Bucks appeals?

In the year ending 31 March 2008 there were 60 complaints to the ombudsman relating to all Buckinghamshire appeals (both selections and transfers). The outcomes were as follows (with the previous year’s figures in brackets):

• Maladministration: 0 (0)
• Local settlement: 6 (15) [usually meaning the County Council decided to offer a re-hearing]
• No maladministration/insufficient evidence: 46 (63)
• Ombudsman’s discretion: 8 (9) [meaning the complaint was not worth pursuing]

Selection appeals generate most of the complaints. 47 out of 60 complaints in the year ending 31 March 2008 related to selection appeals. 72 out of 87 complaints in the year ending 31 March 2007 related to selection appeals.

E16. Are the results of the Bucks practice papers useful evidence?

I very much doubt whether any appeal panel would accept the results of practice papers as evidence. They have not been officially marked and standardised, and as Patricia has mentioned elsewhere, the same practice papers have been used for years and years, and taken home, so no one can ever be sure who has had sight of them in advance.

You might be asked how your child got on with the practice papers – this does not mean that the results will be considered valid evidence.

E17. Whilst preparing my presentation it suddenly flashed into my mind something my son mentioned after taking his first Bucks test which I had completely forgotten! He was placed into a different classroom along with several others in his class to take the test as the school had exceptionally high numbers taking the 11+ this year, and this was not the room in which he had taken the familiarisation papers. Is it worth mentioning?

It’s worth a mention if the score was around 120. Remember, it’s probably a lot more traumatic for children who have to come in to Aylesbury for central testing in a totally strange environment – but little if any allowance is made for them!

E18. I am getting myself really worried that the Bucks 11+ appeals are in some way categorised and that the most likely to succeed are given an earlier date.

There really is nothing to worry about. Bucks 11+ appeals in mid-February stand exactly the same chance as appeals held in the first week of January.

E19. Format of a Bucks 11+ appeal (with acknowledgements to Sally-Anne)

The format is as follows:

The chairman will introduce you to everyone in the room – the LEA Rep, the clerk to the panel (who takes notes of the discussion) and the three panel members. You will all be seated around a table.

The LEA Rep then states the standard LEA case, outlining your child’s results and ranking, and noting any special needs. The Rep will conclude that the child is therefore not best suited to a GS. I must emphasise that this is a standard statement, not prepared for each child other than in the facts of the marks, etc. I should also say that some Reps make a lengthier statement than you may have been led to expect.

You then have an opportunity – no more than 5 minutes if possible – to highlight the key points of your case as stated in your letter to the panel. You remain seated at the table throughout. You may wish to only take one minute to re-state the key facts. For a more complex case, up to 15 minutes is acceptable, or if you are introducing compelling new evidence.

It is helpful if you can give the clerk a copy of the points you will be making to save them having to write it all down at the time, and they can also refer to it afterwards to ensure that they have included everything you said.

Then the panel will ask you questions – they will always ask questions, even if they are entirely convinced by your case.

Once the questions are over, the Chairman of the panel (one of the 3 members) will ask you if you feel you have had sufficient time to state your case. You will then hand any schoolwork to the clerk, and you and the LEA rep will leave the room. The LEA rep will wait with you while the panel look at the schoolwork. After a few minutes the clerk will bring the schoolwork out to you, and you can then leave.

E20. How reliable is the 11+ result?

I have written elsewhere that a single test is not reliable.

Bucks, to their credit, administer a VR test twice and take the higher score. (They used to do it three times, taking the average of the best two scores!)

I occasionally came across the “margin of error” argument when I was hearing appeals, and it didn’t prove anything. I think the panel’s reaction to “My son scored 120 and there’s a 90% chance his true score lies in the range 115-125” is: “There may be an element of doubt, but that’s why we’re already considering the alternative academic evidence and the extenuating circumstances to see if there are sufficient grounds to overturn the authority’s decision.”

E21. Just a thought regarding the lower of the two scores in Bucks. If my daughter had scored 121 it would not have mattered a jot how much she scored in the other paper . I think it’s a little unfair that now her case will go to appeal, this score will be of such huge importance. If the higher of the 2 results decides whether they pass or not in the first place, then the appeal surely should just be based on that highest scoring paper?

If the higher score is the only thing that matters, then why would you be putting forward alternative academic evidence at an appeal?

The ombudsman has ruled that an appeal panel is entitled to consider all the evidence available to it, including the lower score.

I wouldn’t necessarily say that it is always of “huge importance”, but it is there on the record, will be included in the LEA case, and the panel can attach as much weight to it as they feel appropriate.

E22. Help!! – My daughter awoke this morning feeling unwell, I have kept her from school today, please could someone advise me on what happens if she is unwell and cannot go to school tomorrow? What will happen to her 11+ exam?

“If your child is not well enough to take the test, they should not take it, County actively discourage sick children taking tests….they can complete it on another day…....your school will advise in advance of the rescheduled date. If your child starts the test and becomes ill during the test, they CANNOT re-sit that test.” [With acknowledgements to Patricia]

Perhaps I could just add that an appeal panel is unlikely to be sympathetic when parents have knowingly sent a sick child in to do the 11+, and that is the basis of their appeal. (“Little Johnnie seemed a little bit better, and we thought it preferable to sitting the test at a later date …..”!)

“The school, or if necessary the LA, will set up another testing day for those that missed any. However, this often means they sit the test somewhere else – i.e. one of the school offices – so make sure you prepare your child for this. Further, make sure the school inform you of the time, date and place of testing well in advance so you can explain it all to your child so they know exactly what is going to happen.” [Forest]

E23. Does anyone have any views as to whether the Bucks Practice papers give you an indication of how your child might do in the real test?

The practice results cannot be relied on as any sort of prediction, and I hope no one will make this mistake. Unfortunately I attended too many appeals where distressed parents were saying “Our child scored so highly in the practice papers, we just can’t understand what has gone wrong.”

Admissions have warned school heads themselves: “Be wary about ….. extrapolating from these results …... it is not possible to accurately equate them with the real tests.”

E24. In Bucks the pass mark is 121. Why are appeal panels so inconsistent, upholding appeals with low scores, but sometimes turning down appeals very close to the pass mark?

Let me give as an example “John”. John scored 114, has a “2” recommendation, middle 25%, predicted 4/5s for KS2. Horrendous extenuating circumstances, ongoing for 1-2 years, affecting 11+ and depressing curriculum results, but thankfully now at an end. Parents say that John is actually very bright. He achieved straight 3s at KS1. His school reports before the extenuating circumstances are exceptionally good. He has a VR CAT score of 129 in September of year 3, and 130 in September of year 4. His current academic achievements may not be impressive, but there is plenty of evidence of high ability. The panel note that the head teacher is supportive, and that his overall recommendations appear to be very accurate.

Then there is “Janet”. Janet scored 120 and 114, has a “1” recommendation, top 25%, predicted straight 5s for KS2 (although her year 5 optional SATs suggest that 5c’s are most likely). Janet shines in class because she is so hardworking and enthusiastic. All her subject reports put the emphasis on how diligent she is. If there is a criticism, it is that she works slowly. Her previous CAT VR scores are 114 and 110. There are no extenuating circumstances. The panel conclude that Janet achieves her results through sheer hard work, is not quite as bright as her school claims, and that 114 – or perhaps the average of the scores, 117 – is a better indicator of her ability than 120. They are also concerned that the head teacher’s overall recommendations do not appear very accurate.

Would it be inconsistent for a panel to uphold John’s appeal but not Janet’s? No doubt there were other facts as well.

Do not rush to judge other people’s cases when you were not present to hear all the evidence and may not really know all the facts.

E25. Experience of a Bucks Appeal (with acknowledgements to Tired Parents)

“The panel and LEA rep. were all without exception extremely polite, kind and friendly. They did the best they could to make a worrying situation as painless as possible. We have no doubt that they were all sympathetic and whatever they decide we know it will be fair based on the evidence we supplied. Doesn’t mean to say we won’t be extremely disappointed if we don’t get through and there will be considerable wound-licking!! Also like to add that have found this forum a great help and lapped up the comments from everyone, in particular Etienne and Sally-Anne: many thanks. Also good to communicate, albeit electronically, with others in the same situation.”

Many thanks for your kind comments about the forum. All those parents still waiting anxiously for their own appeal will find your observations about the hearing reassuring, and will be grateful to you for sharing your experience.

“Well we have managed a little more sleep but have been on a bit of an emotional rollercoaster. We have had a long wait as we have only just got our results today which has meant a bit of a long-drawn out worry! I have read the letter at least 5 times and am pleased to say it still says the same thing: that we have succeeded, so am over the moon. Once again thanks to everyone for all your help. Good luck to those of you still awaiting your appeals or results.”

E26. Experience of two more Bucks Appeals

a. Lynsey’s appeal

We wanted to share our good news with everyone. Our appeal was successful. I spent yesterday celebrating and have recovered sufficiently now to record a few thoughts in case they can help anyone else. As it happens I have had an easy time since knowing the score of 120. Both the teacher and the head were very reassuring and seemed to imply that a grammar school place was almost in the bag. They wrote a very strong letter of support, placing my child in the top 25% for both maths and English, and agreed with my explanation about mitigating circumstances. They also predicted level 5 SATs. Consequently, I made the (potentially) fatal error of being complacent. I paid little attention to his rather weak CAT VR scores of 118 for year 5 and year 4. I opted to take a very small sample of work with me. Worse, he was initially recorded as a 3,2 but this was revised to a 2,2. As if all that were not bad enough, his other score for THE TEST was 111! Then came the hard part. We went into the appeal and the panel were very kind and patient. I launched into my my case. The panel probed hard into everything! We were asked to explain the disparity between his scores, his weak CAT VR results…it seemed never ending. We were also asked about whether the school streamed the children for English and Maths – I didn’t know. I was able to provide a convincing case for mitigating circumstances and the head teacher agreed with me. Unfortunately, it occurred to me after my appeal that the panel only had my word for it. It was impossible to provide external verification. By the time I came out I realised all too clearly my mistake. I was going to be in the minority of cases who manage to be unsuccessful at 120! I came home and found this site in a belated attempt at reassurance. What an excellent site…I can’t praise it enough. The advice is absolutely fantastic and so, so supportive. But I found very little to encourage me. So many people were mounting such well-researched campaigns. My world fell apart. I was so despondent. I felt as though I had thrown away some very good points by being arrogant/lazy/busy? I had let my son down and we had come so close. For three days and nights I could think of nothing else. Our appeal was on Wednesday and we received the letter on Saturday. Hidden half way down a page of small print was the line that our appeal had been successful but my eyes has blurred with emotion and anticipation of bad news by then. How could we have been successful? I have given a lot of thought to this. I think we were very lucky with our panel, but I agree with advice I have read on this site; they genuinely were trying to help. Even though I rambled, unprepared, they asked the relevant questions and elicited the information in spite of me. All that probing was to enable me to give them the information to allow our appeal to succeed. My experience proves without any doubt that it is not only the cleverly presented cases that can get results. I think the panel can have been in no doubt that I was telling the truth because quite often they saw me formulating a response as though it was the first time I had thought about it (which in some cases it was!) I think the questions about streaming the children was an attempt to gauge whether the placing in the top 25% was fair – after all children in the lower set must surely be in the next 25% or even lower. Perhaps it is worth making sure that at no time do the panel feel that they are being manipulated. So, all’s well that ends well. But I have had a small taste of the worry and anxiety that many of you have been going through for weeks and some of you still are. I wish you much support and strength and will be wishing the best results for you. Very good luck!

120 certainly doesn’t guarantee success at a Bucks appeal.

With the other score so low, it’s not surprising the panel did a lot of probing and focused on weaker parts of the case.

I think it’s right that sincerity and spontaneity make a much better impression than a slick presentation and well-rehearsed answers …...... which is not to say that people shouldn’t think long and hard about their case before the hearing.

b. Lilly’s appeal

I won’t go too much into the specific details of our case as one thing I have picked up on having read all the Q & As and countless posts in the appeal section of this forum, is that no two cases are the same, and even when certain points of different cases may be similar, the individual circumstances are nearly always different, but I must admit that reading about the various different ways certain points were addressed certainly did help how we put our case together.

For us things started with our son narrowly failing the 11+ (120). We did think he would pass as he had done fairly well in his practice papers and in the few tests we had gone through with him at home. What we didn’t know was whether he was suitable for a grammar school or most importantly how much he really wanted to go to grammar school. We let his disappointment sink in for a few days then had a chat with him about this. We explained that it would mean knuckling down and would require a lot of effort on his part, we told him this as his most current school report was somewhat mixed, he did get good achievement marks but his marks for effort were poor. After careful consideration of his responses and reassurances that he was working hard this year, we made an appointment with his head teacher. “Is he suitable for grammar school was the only question we asked”. The head replied that he was and in fact in the head teacher’s opinion a grammar school would in fact be better for him in that he worked better in a challenging environment. We mentioned the poor report which showed he had got 118 in his previous NFER report which was a drop from 130 in yr 4, which showed good achievement as well as good effort. He replied that he was working very hard this year and that the score wouldn’t be the only thing that would be considered. We did put a lot of store by his comments as this was not our first appeal. Five years previously his brother had failed the 11+ by a fair few marks (116) and the heads advice to us then was that maybe he would be better off in the top sets at an upper school rather than struggling at grammar, of course we ignored this, went ahead with the appeal, lost that and he went to the local upper anyway. As it turned out he got A*, A and B in his GCSE’s that he took in year 10, probably confirming the heads assessment.

Having satisfied ourselves that he was suitable and wanted to go to grammar we started our appeal.

We wrote a letter with our application basically dealing with why we thought he failed and why we thought he was suitable. He had been suffering with a skin complaint that had affected his sleep. We enclosed a letter from his doctor to confirm this. As for academic ability we just highlighted the best bits of the head teacher’s summary. Three 5 predications for SATS, that he was at the top end of the top sets for the main subjects and he had a gold award for a maths challenge in year yr5 and yr6. And he was recommended 1:1.

Then the worrying really began. How do we present it? Is what we have got enough? What should we include, what should we leave out? Would the fact that the date of our hearing is towards the end of the period when they are heard significant? Etc.

Then we found the eleven plus site, we read the Q & A section and found it answered a lot of our concerns, this along with viewing many posts in the appeal section enabled us to begin putting together our presentation. When we couldn’t find what we needed from the above, we made a posting and were delighted with the replies. It was also comforting to know we weren’t the only parents going through this most testing of times.

Our case was as ready as it could be. A few days or so before the hearing we got the case papers, all seemed well except the heads predictions were not very accurate. Rightly or wrongly in the end we decided to make a brief mention of these in our presentation. Also our son came home and said he had got his marks for the tests he sat just before Christmas. I asked his teacher what they were, they were better than his predictions, and asked would it be possible for her to furnish us with these details. This she did, it wasn’t so much a letter of support it just stated his results and his current scores (Maths 5a. Reading 5b, Writing and Science 5c) it did also state that it placed him in the top 5 pupils in the year for each subject, which we thought was very helpful.

Our actual hearing went as follows:

We were 50 minutes late going in and at the time the waiting seemed a whole lot longer. Lots of apologies were given for the lateness.

It started with introductions; I think they sensed we were nervous especially when my husband dropped all of our papers over the floor. I offered the clerk a copy of our speech asking if it would help her with her note taking (a tip taken from your site), which was gratefully accepted. I think having our speech written down definitely helped (again another tip) as it meant we got everything across we intended. Neither of us are confidant speakers and we both stumbled and flustered a bit, but because we had everything written down, even when the panel interjected for clarification on minor points, we referred back to our speech, to make sure we carried on from where we left off and so we didn’t miss anything out, which I have since realised would be very easy to do without notes/written down speech.

This is a summary of our hearing. I have added in the comments from the panel as best I could remember.

Firstly we gave everyone present a copy of his yr 4 and yr5 school reports and a copy of his letter stating his marks and actual grades on his recent interim SAT tests. Then I read the following;

“As to why he did not score 121, in all honesty I don’t know.

In the run up to the test he had been suffering with some nasty sores on his leg for a few weeks as a result of an accident during the summer holidays. Prior to the testing these had spread to his face and stomach and were causing him a fair amount of discomfort. This did affect his sleep somewhat, which may have had a negative affect on him. He visited the doctor who prescribed him medication and it was another 5 or 6 weeks before they cleared up fully. Not being 100% may have cost him one answer. I don’t think it is too unfair to assume that one more mark would be the difference between him passing and failing having scored 120. You have a copy of his doctor’s letter confirming this”.

Academic evidence;

“We regard to **** as being suitable for a grammar school we believe he has the academic ability required. The head teacher’s summary gives the most up to date assessment of ****’s progress. It states he is in the top quarter of the top set in maths and English. Given that 4 children from his school passed the 11+ and one other has had a successful appeal that would place him alongside and presumably ahead of some children already deemed to be suitable for grammar school”.

“This is backed up by the recent core tests that his class sat just before Christmas, please see letter from class teacher detailing his results. His class teacher states the scores place him in the top 5 of the year in every subject. He is currently at level 5a for maths, 5b for reading and he is predicted high level 5s in all his SATs by the end of year 6. We were told (by our son!) he achieved the highest score in Maths. Again this confirms that he is placed alongside and possibly above fellow pupils already confirmed as suitable for grammar school”.

“He is on the gifted, able and talented register”.

“He gained a gold award in the Mathematical Association’s maths challenge in both 2007 and 2008. I did not know if there was any significance in this. It surprised me, when I looked into it that the challenge it is aimed at the top 60% of primary children and only the top 10% of these achieve a gold award. He appears to be particularly talented at maths”.

My husband then read this:

“I believe there may be a couple of issues that could be of concern to the panel and which I would like to address, firstly the head teachers assessment and secondly the 118 NFER score”.

At this point the chair interjected and said that 1:1 was a very good recommendation.

He replied with the following:

“I am not sure as to why the ratings were not very accurate; I personally think that what is written is more important than the actual rating. However we only received this information a few days ago leaving us little time to go into it and also I would question whether it is appropriate that I as a parent, should be questioning a qualified professional on how he undertakes his duties.

“My concern is my son may well be very deserving of his 1:1 rating but because the recommendations are not very accurate it may result in you not attaching as much weight to his written summary were they very accurate”.

The chair then commented that what is actually written in the summary is very much taken into consideration. I’m not sure the panel was expecting this point to be raised by us. At the time I thought that maybe it would have been better if my husband had not highlighted this, being a negative point. However on reflection, I think it was the best thing to do. At the very least I think it showed that we had considered our case closely.

He carried on:

IN ANSWER TO THE 118 on the NFER TEST;

He did have a bit of blip in year 5 and this is evident if you look at the marks for effort in his year 5 school report, I would like to point out that despite this, his achievement marks were very good especially literacy and numeracy in which he achieved A’s. This report states that he is capable of achieving far more, indicating to me, that he has the ability required for grammar school, but had not have been making the best of it for a while. In comparison with his year 4 report there does appear to be a drop in the level of his effort, which could explain him dropping from 130 (yr4) to 118 (yr5) in the nfer test.

There were a couple of reasons that were most probably responsible for this blip…………... (He then mentioned issues in our personal situation at the time and told them that our son was also seriously involved with other activities outside of school, one in particular that took up a lot of his time at this period. He said that both of these reasons could have contributed to his downturn in effort as well as a NFER score of 118, and that this wouldn’t in our opinion, be a true reflection of his ability)

He finished with the following;

To sum up, I believe that the head teacher’s statement in his summary, unreservedly recommending **** as suitable for a place at a grammar school, is an accurate assessment of ****’s ability.

We were then asked the following questions:

From the chair:

Q. How did he think he did in the test?

A. He thought he did well and would pass; I think he may have been a bit too confident after the first test and maybe relaxed a bit which could have been why his second score was a bit lower.

Q. Did you do any practice with him?

A. We got some papers from W H Smiths and went through those a week or two before the test.

Q. Did he find any particular type of question difficult?

A. Yes, a couple of the word ones, mainly when he wasn’t familiar with the words, but otherwise he was fine, particularly the codes and maths ones.

Q. Is his year group single streamed?

A. After asking what this meant, we replied yes!

From the lay member:

Q. Can you expand a bit more on the sores on his legs and how much did it affect his sleep?

A. Just they wouldn’t heal up, some nights the sheets stuck to his leg and was painful for him, I think the worst was when they appeared on his face, they made him conscious of them and left him feeling a bit miserable.

Q. What is the current situation regarding the amount of time spent undertaking his main out of school activity?

A. We explained time spent undertaking this is now at a more sensible level and gave the reason why.

Q. Can you be sure that his out of school commitments won’t affect his commitment to his school work in the future?

A. Yes. He is keen on other activities too, which we encourage, and will let him make his mind up what he wants to do in respect of this particular activity when he is older.

From the third member of the panel:

Q. Does your son want to go to a grammar school?

A. Yes he was upset when he failed and cried.

We were then asked if we had said everything that we wanted to, were there any other points, were we satisfied that everything was covered… etc.

We said we had his current maths, literacy and science books, along with the original of his Maths certificate which we then put forward to the middle of the table for them to view. My husband said he also had some photocopies of XXXXs maths certificate and on the back were a few facts about the award which he had gleaned from the mathematical association’s website, in case the panel were not familiar with it. To our surprise the LEA rep (who had told us at the introduction stage that he was a recently retired head teacher) passed back the original to us stating that he thought the said certificate was a paltry reward for such a prestigious achievement, to our further surprise the chair and the two other panel members nodded in agreement. My husband went on to say that he had looked into the award since we were both wondering whether this was a relevant piece of evidence, and had found out that only 10% of the pupils who take the challenge got a gold award. We were not sure if this was a useful piece of evidence or not, but took the line that it wouldn’t do any harm to mention it, since the head teacher had referred to it in his summary. He actually stated that **** had achieved gold in yr5 (when he wasn’t giving his best effort) as well as in year 6 and was one of only a very few who had achieved this feat. To our further surprise the chair then said it was actually less than 10% of all primary aged school children as the challenge was intended for the top 60% of primary school students and the gold award went to the top 10% of those.

We were asked if there was anything else, which there wasn’t. We thanked them for their time in considering our appeal and left the room with the LEA rep. Less than a minute later the clerk came out to return our books.

Our presentation lasted about 5 minutes and the whole appeal a bit less than 20 minutes.

To sum up I definitely got the impression that how we presented our case was completely irrelevant, it was the content of our case that was being assessed and that was quite reassuring, a couple of times when one of us got a bit tongue tied the panel was most helpful in teasing out of us what we were trying to get across. So as parents I am relieved that it wasn’t us being assessed as to how well we put across our case, or else we would be in trouble!

With regard to the whole ordeal my view was that it was fair, the panel, clerk and LEA rep were polite and did their best to make the whole process relaxed and not intimidating. It was not as worrying as I imagined it could have been.

Another reason I have sat and added these notes is to make sure we got over everything we wanted. In the cold light of day I think I am happy about what we said, the only thing I can think of that we could have mentioned was that my sons school in terms of SAT results was a bit higher than the average for Bucks for having children at level 4 and significantly higher than the average for Bucks at level 5, in conjunction with the points about him being at the top end of his class. Before our hearing I did consider saying about my son being born 6 weeks early and that if he had stayed the full term being over a month younger may have given him another mark when the age standardisation was applied, but thought that by doing so may have given the impression we were clutching at straws and would appear a bit desperate and it also possibly have drawn attention away from the academic points we tried to make. We did have his hospital notes that confirmed this was the case, but didn’t mention it.

I would like to thank this web site and all of its contributors for all of the help we gleaned from it, principally the question and answer section, as well as the most helpful comments we got in reply to our postings and we would wholeheartedly recommend any parent going to appeal to use it. Personally we shaped our appeal on the recommendations and advice we uncovered, it gave us a great insight into how the whole process worked and left us feeling we were as well prepared as we could have been, whatever the outcome. If you had read our initial speech you would see why, we were over emphasising his mitigating circumstances and not concentrating on putting enough by academic evidence. Once we had read your Q & A’s we soon changed that, a fact we are truly grateful for.

A few observations (from Etienne and Sally-Anne)

This was a very well thought out appeal.

We like the way you didn’t say too much about extenuating circumstances in the presentation, but let the panel draw the details out of you in the question session.

You started with the big advantage of a 120 score, but seem to have taken nothing for granted, which is entirely sensible. What is particularly good about your approach is that although your son’s scores were 120 and 118, you did not rely solely on the 120 score, but also addressed the 118 score. Admittedly that is easier to do when both scores are close to 121 – it would be harder on scores of 118/112 for example. However, you did not shy away from it, and we hope that the panel will have appreciated that.

As for being tongue-tied, we have no doubt that you made a much better impression than if you had appeared over-confident.

It was best not to play the premature birth card. In the context of a 120 score, you already had quite enough in the way of extenuating circumstances.

We suspect it’s very unusual for parents to comment on the HTRs in their presentation, so can imagine how surprised the panel were! Unless forced to do so (which sometimes happens), it’s not generally a good idea to appear critical, so we like your husband’s reluctance to question how a qualified professional undertakes his duties.

It is probable the panel would have noted the HTRs and the school’s KS2 performance at the decision-making stage, if not earlier.

There is no doubt the gold certificate would have gone down well. We imagine most panels are used to a reference to participation in the Primary Maths Challenge, and even get to see the occasional bronze or silver certificate, but golds are much rarer at appeals!

All in all, it was a very well-considered appeal, and, whatever the outcome may be, we do not believe you could have done a better job of representing your son.

(We subsequently heard that Lilly’s appeal was successful)

E27. Format of appeals

Whilst appeal hearings are basically the same everywhere, there are differences in the way in which appeals are organised. Parents must find out whether they are initially appealing

• just against non-qualification, or
• against non-qualification plus the fact that the school is oversubscribed.

There follow examples of the two main formats of the Appeals process in areas where the Forum has particular expertise.

a. The Buckinghamshire “Model”

“Selection” appeals (appeals against non-qualification) take place first. No representative from any grammar school attends, because no particular school is being appealed for. The only issue is whether or not the pupil should be deemed “qualified” for a grammar school place.

“Transfer” appeals (appeals for an oversubscribed school) take place quite separately, at a later date. It is only at this point that parents put forward their reasons for wanting a particular school.

Appeals – Buckinghamshire County Council

b. The Lincolnshire “Model” (with acknowledgements to Alex)

Appeals for community and controlled Grammar schools in Lincolnshire will be in two parts if the school is full: that is, both against the failure to reach the required standard and then, if that bit succeeds, against not having been given a place. Both parts will be heard at the same time.

1. Admission authority must make its case that the child does not have the required ability (done on the basis of the test results).
2. Discretion – this is where you present your alternative evidence of academic ability and mitigating circumstances. If you have succeeded in the above and the panel decides that the child has the required ability and aptitude, then:
3. Admission authority must make its case that the school is full and that taking extra pupil(s) would cause prejudice (i.e. harm) or increase the prejudice if the school is already in a prejudiced situation.
4. Balancing the prejudice – this is where you present your evidence about why this is the best school for your child and why the alternative school offered is not suitable.

Parents will need, therefore to submit evidence for both parts of the appeal, but bear in mind that the evidence about the suitability of the school in terms of ethos, curriculum etc will only be considered in the second part of the appeal, that is, if the appeal against non-qualification has succeeded.

The guide which the county produces is useful and the people at the County Secretary and Solicitor’s Office and at the Admissions Appeals Team really do try to be helpful if you have any questions.

E28. Lincolnshire Appeals in more detail (with acknowledgements to Alex)

In Lincolnshire you may only appeal against the refusal of a school place, not against the failure to reach the required standard as such. Therefore, all appeals are held after allocation of places on March 1st. This means that many non-qualification appeals will be oversubscription appeals as well.

This also means that you may appeal to more than one Grammar School and the outcome of one appeal will have no bearing on another appeal. Thus you may win your non-qualification appeal at one school, but this win cannot be “transferred” to another school – you will have to make a new appeal. On the other hand, if you do not win your appeal at one school, you can have another go at a different school if you are lucky enough to have more than one school in reasonable distance from your home. Remember that you will have to have applied and been refused a place in order to appeal.

Lincolnshire has both Community/Controlled Grammar Schools where the appeal will be handled by the Local Authority and Foundation Grammar Schools where appeals will be arranged by the School themselves. I think it is true to say that members of the appeal panels which handle Local Authority appeals tend to be widely experienced and well trained and the Clerk will generally have some legal training. Foundation Schools sometimes share some of their panel members (so check if you appeal for more than one school that the panel members are different) and sometimes use each other’s Clerks to the Governors as appeal Clerks. There has been some concern about the conduct of some Foundation School appeals and the Ombudsman has upheld complaints about one school’s appeals in 2007. This school and some others have now handed their appeals over to the Local Authority to arrange.

Secondary school appeals in the normal admissions round need to be lodged before the end of March.

The Local Authority publishes an appeal guide which can be obtained from the Education Team (tel: 01522 782030) or online at: www.lincolnshire.gov.uk/section.asp?sectiontype=listmixed&&catid=16526&docid=61641

The Choice Advisers have Fact Sheets on “Appealing for a School” and “Appealing for a Grammar School” (tel: 01522 552509).

For non-qualification appeals for Community or Controlled Schools the Local Authority will automatically request a report from the primary school head teacher on a standard form which includes requests to comment on attainment in the main subject areas, whether the 11 plus score is what the head would have expected and if not what they expected the pupil to score, and whether they know of any circumstances which may have affected the child’s performance in the tests. Some Foundation Schools use a very similar form, but others will not automatically request information from the primary school. Even where you know a form will be completed it is probably safer to ask your primary school for separate reports to make sure that all the evidence you wish to draw attention to is covered.

Etienne’s extensive guidance on the sort of evidence to present at appeal about academic ability and concerning any mitigating circumstances is equally applicable and useful in Lincolnshire.

Where your appeal is against non-qualification and oversubscription (that is where the school has already filled all its places or has more appeals than it has places left) you will need to present evidence about why you wish your child to attend that particular school so that the panel can weigh the balance of the “prejudice” or harm to the school of taking an extra child or children and the “prejudice” to your child in not gaining a place. This evidence will only actually be considered if the panel decide in your favour on the non-qualification part of the appeal, but will nevertheless need to be presented at the same hearing. You may also wish the panel to consider points about whether prejudice will actually be caused to the school by taking in pupil(s) over its Published Admission Number.

E29. Appeal Statistics reported from particular areas

a. Statistics for Slough appeals (with acknowledgements to Catherine):

Foundation schools (Slough Grammar, Langley, Herschel)

Number of appeals from pupils who failed to gain an 11+ score of 111

Year	Total/Successful
2006	265/36
2005	257/38

Number of appeals from pupils who gained an 11+ score of 111 or more but were not allocated a place at a preferred grammar school

Year	Total/Successful
2006	32/9
2005	32/10

St Bernard’s – All appeals (no break-down between appeal types given)

Year	Total/Successful
2006	61/6
2005	62/7

b. Birmingham (with acknowledgements to KenR)

The following are the appeal statistics for 2006 for the 5 Birmingham King Edward VI Foundation Grammar Schools (from the Foundation Governors Report):-

Quote: The number of admission appeals was 164, compared to 165 in 2005, which had been nearly half the previous year’s figure. The number pursued to a final hearing increased from 65 to 83. Four appeals were agreed.

4 successful out of 164 submissions (or out of the 83 pursued to a final hearing)

c. Wirral (with acknowledgements to Appeal Mum)

Quote: The number of appeals for primary school places was relatively low, 54 in total. For secondary schools we had the lowest number of appeals for all ability schools, 7, but appeals for grammar school places were in line with previous years. There were 130 appeals for places in the 6 grammar schools, 65 were agreed.

Quote taken from: 1.2 http://www.wirral.gov.uk/minute/public/csll070912rep4_24853.pdf

d. Lincolnshire (with acknowledgements to Alex)

Lincolnshire, at the time of writing, does not collate and publish data on the number of appeals or the success rate for all schools.

These are the figures for 2008 for the Community and Controlled Schools:

Grammar all appeals
Name of School	Appeals lodged	Appeals heard	% heard	upheld	% upheld
Bourne Grammar School	15	8	53.3	1	12.5
Gainsborough QE	13	13	100	1	7.7
Kesteven and Grantham Girls’ School	10	6	60	3	50
Kesteven and Sleaford High School	10	10	100	5	50
Spalding High School	21	21	100	3	14.3
Grammar qualification appeals
Name of School	Appeals lodged	Appeals heard	% heard	upheld	% upheld
Bourne Grammar School	14	7	50	0	0
Gainsborough QE	10	10	100	1	10
Kesteven and Grantham Girls’ School	4	4	100	0	0
Kesteven and Sleaford High School	5	5	100	3	60
Spalding High	9	9	100	3	33.3

A few of the Foundation Schools do have information in their prospectus or in Governors’ reports where these are still produced. Chances at Foundation School appeals for non-qualification seem to vary considerably between schools.

e. Devon (with acknowledgements to Katie)

Churston Ferrers Grammar School, Torbay :

2007 : 5 appeals – none successful. 2006 : 1 appeal : none successful. None successful in seven consecutive years I’m afraid.

f. Buckinghamshire, 2007:

859 11+ appeals against non-qualification, 331 upheld (38%), 528 unsuccessful

91 11+ appeals for entry to oversubscribed grammar schools, 14 upheld (15%), 77 unsuccessful

90 11+ appeals for entry to oversubscribed upper schools, 27 upheld (30%), 66 unsuccessful

Go to A. Appeals – general points, B. Appeals Against Non-Qualification, C. Appeals For An Oversubscribed School, D. The Dissatisfied Appellant, E. Miscellaneous, F. Abbreviations

E30. Success rates in Bucks appeals according to score

While it is true that those with scores in the range 120-116 stand a better chance at appeal, it is completely untrue that you must have a score of 116+. Each case is considered on its own particular merits.

Success rates at appeal last year in Bucks were:

120	72.1%
119	63.3%
118	49.4%
117	36.0%
116	27.1%
115	18.2%
114	18.6%
113	19.5%
112	9.4%
111	14.8%
110	16.7%
<110	7.9%

SECTION F: Abbreviations

AN	Admission Number
CAF	Common Application Form
CATs	Cognitive Abilities Tests (Reasoning Tests used in some schools)
DCSF	Department for Children, Schools and Families
DDA	Disability Discrimination Act
DPA	Data Protection Act
EP	Educational Psychologist
FOI	Freedom of Information (Act)
HTR	Head Teacher Recommendation (used in Bucks)
IAN	Indicated Admission Number (indicated, that is, by the Net Capacity formula)
IAP	Independent Appeal Panel
IMHO	In my humble opinion
KS2	Key Stage 2 (years 3-6)
LA	Local Authority
LGO	Local Government Ombudsman
NC	National Curriculum (e.g. NC tests: the proper name for SATs. Optional NC tests: tests taken in years 3-5 that give a NC level
NFER	National Foundation for Educational Research (now GL Assessment)
NVR	Non Verbal Reasoning
OoC	Out of County / Out of Catchment
PAN	Published Admission Number
Q&As	Questions and Answers
SATs	Standard Assessment Tests
SENCO	Special Educational Needs Co-ordinator
SpLD	Specific Learning Difficulty
VR	Verbal Reasoning
WISC	Wechsler Intelligence Scale for Children (a series of tests used by educational psychologists)

Go to A. Appeals – general points, B. Appeals Against Non-Qualification, C. Appeals For An Oversubscribed School, D. The Dissatisfied Appellant, E. Miscellaneous, F. Abbreviations