I'm sad to say that it is increasingly looking like this isn't going to be put right for Alfie. He may get in on the waiting list, but he is being made to wait until the end of September to see if there is a space available. The five places that have become available have already been allocated to late applicants, which appears to be discriminatory, so it doesn't look good. So much for being first on the waiting list. He's only second now, so he has been pushed back 6 times.
We will keep trying.
A major part of the issue is that there is no realistic recourse when the LEA or Appeal Panel get it wrong. Judicial Review is too expensive, and too slow.
The Ombudsman can recomend a re-run of the appeal, but it can't actually be re-run. No, you didn't misread that, it really is that stupid.
There are plenty of other children who will be effected by this now and in future. So whilst there are an astonshing 95,000 supporters and a case with genuine issues, perhaps we can get these rules changed. I have written to the relevant minister.
Thank you all so very much for your support. We will keep trying.
Please see the open letter to the minister. Grateful for any ideas.
I can't see a way to attach the letter so the text is here
From Simon Vollans simon@sjvsolicitors.co.uk
Open Letter to Mr Jeremy Miles, Welsh Minister for Education: Correspondence.Jeremy.Miles@gov.wales
26.08.21
Dear Mr Miles,
Further to our letter to you of the 19.08.21 which was replied to by Ms Gittins, the School Organisation & Admissions Manager on 24.08.21.
The letter from Ms Gittins summarises the Welsh Government approved rules in relation to school admissions.
It has become apparent from our experience that where a child has suffered harm due to maladministration, misinformation, discrimination or otherwise at the hands of the Local Education Authority, there is no procedure for putting things right or holding the Local Education Authority to account.
Would you confirm whether you agree that this is a completely unacceptable situation that requires addressing urgently?
Our son Alfie did not get a place at his local comprehensive school. He was the only child not to get a place. We have several issues with the process. Whilst I understand that you may not be able to intervene directly in Alfie’s case, it does serve as a useful example of the problem identified.
Alfie has a petition and I think it worth noting that 95,000 people find that what has happened to Alfie to be very wrong. That is an astonishing number of people, and it says much about the situation that 95,000 people have taken the time to support Alfie’s petition given everything else going on in the world now. This problem should not be ignored. I have attached to this email a list of the signatories and their comments.
Link to Alfie’s petition here: https://chng.it/WtL2jZMV
Alfie
Alfie is 11 and is looking on whilst all his friends excitedly get ready to move up to senior school. Alfie alone out of nearly 300 children is excluded. Alfie is to be sent on his own to a school on the far side of the city where he knows no-one. It is hard for an 11-year-old to understand why he has been singled out and excluded in this way. His distress is becoming more evident as the date for moving up comes nearer. He has lived in the catchment area his whole life. The situation is aggravated by the fact that one of Alfie’s parents is being treated for cancer. Alfie really doesn’t need the additional anxiety of being excluded. Alfie’s rising anguish is frankly heart breaking to watch.
Alfie was refused a place at his local comprehensive because the Local Education Authority said that there was no space. He was the only child out of 291 in catchment applications not to get a place. Alfie appealed.
1. Appeal
Alfie’s Case
a. We appealed because excluding Alfie alone out of 291 in catchment applicants causes him more prejudice than the prejudice to the school of finding one additional place.
b. It would be emotionally damaging to single out an 11-year-old for exclusion in this way.
c. The proposed school was so far away he would know nobody.
d. Excessive travel time was an aggravating factor. Additionally, £8,000 to £9,000 in taxi fares each year from the education budget and the environmental cost of having one child in a taxi at rush hour for up to an hour twice a day are a concern.
e. The Local Education Authority and Appeal Panel were aware that one of Alfie’s parents had been recently diagnosed and was being treated for cancer.
f. The Appeal Panel were provided with supporting documents including a letter from Alfie’s primary school and a letter from his GP, both expressing concern about the effect on Alfie’s emotional and mental health that would be caused by the exclusion.
Local Education Authority’s Case
The Local Education Authority opposed the appeal (vigorously) on the grounds that the school was unable to take any more pupils. They provided various figures to the Appeal Panel to support their case.
Appeal Decision
The Appeal was refused by a majority of 2 to 1.
Alfie remained first on the waiting list.
Issues with the Appeal
1. The Appeal Panel were given inaccurate information. The Local Authority opposed the appeal based on capacity. The evidence they provided was incorrect. This was discovered by Alfie’s solicitors and put to the Local Education Authority in correspondence. The Local Education Authority has not denied that their evidence was wrong and underestimated the capacity of the school. The Local Education Authority say that they also provided the correct figures in writing. However, the incorrect figures appear to have been considered by the Appeal Panel and so the Appeal Panel was misled about the capacity of the school. The school capacity was the basis for the Local Education Authority’s opposition. Further, it appears that additional places have since been found for other applicants, so the Local Education Authority’s case is questionable.
2. Alfie was excluded because he was the 291st applicant and there was only room for 290 children. A Freedom of Information request has revealed that the school actually found 304 places.
3. Despite the Appeal Panel (and the Local Education Authority) being aware, the Appeal Panel did not take account of the fact that one of Alfie’s parents was undergoing treatment for cancer. There is no mention whatsoever of the parent’s ill health anywhere in the reasons for the Appeal Panel’s decision.
4. We say that the decision is irrational in any event. It is flawed because the Appeal Panel did not take account of things they should have done. It is flawed because the decision is based on incorrect evidence.
5. Additional places appear to have been found for other applicants, and so Alfie has been prejudiced by the improper conduct of the appeal.
Issues with the Waiting List
Alfie was first on the waiting list following the offer date. We were told at the appeal that he would have to wait until the end of September to see if he had a place.
However, a Freedom of Information request has revealed that five places have become available since the offer date, and these have already been allocated to late applicants.
So, it appears that Alfie is being made to wait until the end of September, but other (late) applicants have already been allocated places. Alfie is being treated differently and appears to be being discriminated against.
Alfie has been treated very badly.
Solutions
There are two possible avenues for correcting issues such as these:
1. Judicial review, but this is colossally expensive, very slow and ceases to be available three months after the problem occurs. Not a practical solution unless you’re very rich and there’s no urgency.
2. The Welsh Local Government Ombudsman who, if he or she finds in your favour can declare that a fresh appeal should be run. However, no one has the power to set aside the original decision or to run a new appeal. This is too ridiculous and requires no further comment. The Ombudsman is clearly no solution.
So, a child can be outrageously treated by the local authority, caused real harm and prejudice, and there is nothing that can be done. It is submitted that this is a wholly unacceptable situation and should be reviewed by the Welsh government urgently.
Yours sincerely
Simon Vollans
cc.
First Minister
Correspondence.Mark.Drakeford@gov.wales
Deputy Minister for Mental Health and Wellbeing
Correspondence.Lynne.Neagle@gov.wales
Director of Education at Newport City Council
sarah.morgan@newport.gov.uk
Senedd Member
Jayne.Bryant@senedd.wales
Senior Civil Servant
Owain.Lloyd001@gov.wales
Member of Parliament
ruth.jones.mp@parliament.uk
Children’s Commissioner for Wales
post@childcomwales.org.uk (Sally Holland)
schoolimprovement@gov.wales
Alfie’s 95,000 supporters
Change.org