The fight goes on.

We’ve kept Alfie at the school of mum and dad for the moment whilst we see if any space become available at his local senior school now that term has started.  We’ll have to review the position at the end of September.  Although he was first on the waiting list, he has been pushed back 6 times by late applicants who happen to live closer to the school, (5 of whom have actually been give places). The waiting list does seem a bit of a long shot.

Sadly, Alfie can watch from his bedroom window, the school bus taking his next-door neighbour and others to school. This situation is doing him no good at all and there is a distinct change in his behaviour generally.

On a brighter note, the Local Education Authority have confirmed that contrary to what had appeared to be the case based on their earlier correspondence, they do in fact have the authority to order a fresh appeal, either of their own volition or on the recommendation of the Ombudsman.  This applies where there are faults in the first appeal or there is a significant change of circumstances.  So this opens a potential way forward which improves prospects somewhat.

We say that there are both faults and material new evidence and we have written again to the LEA today in detail and with supporting evidence.  We hope now that the LEA will agree to order a fresh appeal.  If not, we think the procedure is to make a fresh application putting forward the material change of circumstances.

We think there are several faults in the process, but the one that seems to us most significant is that the LEA opposed Alfie’s appeal (vigorously) on the grounds that there was insufficient capacity at the school.  The LEA provided evidence setting out the school capacity which understated the capacity and therefore exaggerated the problem.  Alfie lost the appeal by a majority so there is a real risk that this would have influenced the outcome.

The material new evidence is based on the fact that the appeal decision notice didn’t mention, at all, the fact that one of Alfie’s parents was suffering from a potentially life limiting illness even though they were aware of the situation and the fact that the parent in question had actually left hospital the evening before the appeal in order to attend the hearing.  The School Appeals Code states that the decision notice “must” record everything that the Appeal Panel took into account, and therefore we can say that this was not considered.  This maybe because the health issue was not in the original appeal (as it wasn’t known about when the appeal was drafted) and therefore not something they could consider.  In which case, we say it’s a material change of circumstances, and the LEA can order a fresh hearing based on that evidence or alternatively, we can make a new application based on those circumstances.

We have been in touch with various politicians.  So far, only Ruth Jones MP seems to be taking any real interest.  Hopefully, others will also take an interest in due course.

In any event, it appears that we do have a way forward now.  We will await the response of the LEA to find out if they’re going to make it quick and straight forward or difficult and drawn out.

Alfie has over 96,000 supporters.  It would be awesome to top 100,000 supporters and that would be newsworthy on its own.  Could you give Alfie another share?

 He reads your comments and takes great comfort from your support.  We have had feedback confirming that Alfie’s case is resonating in high places; this also is due to your support.

Thank you!