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Tell us what you think...This ‘education special’ has been produced as an adjunct to the regular edition of Adjust. If you would be interested in seeing more ‘education specials’, or you have any other comments, please email enquiries @ cot.gsi.gov.uk |
Welcome to this special ‘education’ edition of Adjust, the Council on Tribunals’ quarterly electronic newsletter.
This one-off special contains news and articles about the education appeals world in England and Wales. It is in part inspired by the Council’s recent workshop for London admission and exclusion appeal clerks, promoting the work of the Education Appeals Support Initiative (EASI) Group. We are very grateful to the participants for their evident enthusiasm and commitment - and not least to those who volunteered to take the initiative forward. In our oversight of the tribunals within the education field, the Council sees some of the best examples of good practice, particularly in the operation of the Special Educational Needs and Disability Tribunal. However, the Council has also had cause to raise concerns about school admission and exclusion appeal panels, which we highlighted in our Special Report, published in 2003. Since that time, we have seen a gradual improvement in standards, and the establishment of a London-based EASI group is a significant step along the way. We hope that Education Adjust will help support and promote the sharing of best practice and provide a medium for networking and sharing of experiences. I look forward to receiving any feedback or comments you may have about this issue. Lord Newton of Braintree, Chairman News |
Delegates’ feedback on the workshop was very encouraging:“It was very useful networking with colleagues from different boroughs - shared information and experience” “It has been a very constructive exercise, highlighting legal developments and practical strategies for implementation. The speakers were extremely useful in the content of the information they provided” “The meeting was extremely useful. There is a real need for this kind of support/network in an area of work which is so complex and subject to legal action” “An interesting/well organised session - hopefully leading to a valuable exchange of information across London - with resulting support to appeal panel staff, panel members, the public etc.” Are you interested in starting an EASI group in your area?Contact us for more details at: enquiries @ cot.gsi.gov.uk Visits by Council Members to Admission/Exclusion Appeal Panel HearingsThe Council’s programme of visits to observe tribunal hearings is the main way by which it fulfils its statutory duty to oversee the tribunals under its jurisdiction. The Admission Appeals Code of Practice and the Secretary of State’s guidance on exclusion appeals invite appeals clerks to notify the Council on Tribunals of prospective hearings. Notification should be sent to: Brenda Harrow Tel: 020 7855 5200 |
Workshop for London-based appeals clerks
The Council on Tribunals held a workshop for London borough admission and exclusion clerks on 4 October, aimed at giving clerks the opportunity to share experiences and good practice in managing appeals and to discuss setting up a London-based EASI group. (EASI stands for the Education Appeals Support Initiative). Delegates from across the 33 London boroughs attended the workshop, which was chaired by Lord Newton of Braintree, the Chairman of the Council. Sheila Sturgeon, appeals clerk for Oxfordshire County Council and co-ordinator of the original EASI group, was the keynote speaker. She shared a platform with Felicity Taylor from Information for School and College Governors (ISCG), Neil Lawson from the Department for Education and Skills and Beth Coxon from the Disability Rights Commission (DRC). After the presentations, the delegates broke into groups to discuss the potential advantages of setting up a London group and how best to go about it. The main points were then discussed in plenary during a feedback session, which endorsed the idea of establishing an EASI group for London. SpeakersBernard Quoroll provided an overview of the role of the Council on Tribunals and set out the aims of the workshop. Sheila Sturgeon explained how EASI operates and the benefits of being a member of the group. 
Felicity Taylor (pictured) outlined the role of the ISCG and its work in providing information about admission and exclusion appeals, including the work that ISCG has done in producing training material for admission and exclusion panel members. Neil Lawson spoke about the DfES’s current consultation on a revised draft of the School Admission Appeals Code of Practice and outlined the proposed changes to the code. Finally, Beth Coxon explained the role of the DRC and outlined the duties on schools and LEAs under the education provisions in the Disability Discrimination Act. She also cited examples from real cases, illustrating the potential pitfalls for appeals panels and the lessons that can be learned. The DRC is working with the EASI group to develop a toolkit to help independent appeals panels deal more effectively with disability discrimination cases. Breakout groupsSix groups of delegates came together to discuss setting up a London-based EASI group. The groups enjoyed a lively discussion about whether, and if so how, an EASI group for London might be organised. Delegates universally agreed that a London-based EASI group could be of significant benefit for sharing good practice and cross-borough issues, forging useful contacts, gaining support from colleagues, achieving greater consistency in standards, raising the profile of appeals clerks and their work, giving clerks a voice and providing a forum for training. Carol Stiles from Hounslow Council agreed to set up a first meeting with other volunteers - Ozu Okere, Wandsworth; Alan Elliott, Merton; Pat Brown, Barking and Dagenham and Deborah Williams, an independent clerk. The meeting is due to take place on 1 December 2005 and the agenda will include agreeing terms of reference for the group, administrative arrangements and identifying current issues of interest for discussion. The group will meet at the Council on Tribunals’ offices at 81 Chancery Lane, WC2A. For more information or if you would like to get involved in the group, contact Carol Stiles on 020 8583 2066 or email: carol.stiles @ hounslow.gov.uk. |
Screenshots from the SENTW DVD:
Did you know?In the 2004 school year, the success rate for admission appeals dealt with by LEA panels was 38%. The success rate for admission appeals dealt with by voluntary-aided and foundation schools' panels was 25%. For exclusion appeals, the success rate has remained static at 21% this year and last. |
SENT Wales mock appealsOne of the recurring issues for tribunals is having access to bespoke training, particularly for smaller tribunals such as the Special Educational Needs Tribunal for Wales (SENTW). Heather Wilcox, who represents the interests of people in Wales on the Council, recently attended a mock appeals hearing organised by SENTW as part of a training exercise aimed at existing and potential tribunal users. The event took place in SENTW’s office in Llandrindod Wells in Powys, and was organised by Rhiannon Ellis Walker, Chair, and Huw Maguire, Secretary, of SENTW. The mock appeals were staged by members of SENTW and representatives of an LEA and users. One of the main aims of the day was to give those attending the opportunity to experience an appeals hearing and learn in a live, but non-threatening environment. Great value was derived from delegates being able to observe the whole process rather than just listening to a trainer using visual aids. The two one-day sessions involved delegates from all over Wales, representing bodies involved in preparing cases for a tribunal or who attend hearings, including all Welsh LEAs and representatives of the voluntary and legal sectors. Users were represented by an educational psychologist and a parental representative. SENTW chairs and lay members took the parts of the parent and the panel. The trainees received in advance a set of comprehensive papers based on a real case and the day’s exercise began with a pre-panel discussion and went through the appeal hearing and decision-making process. As can often happen in the real world the tribunal was ‘bounced’ with late papers. Using real examples and re-enacting what can actually happen at a hearing helped to develop an appreciation of what the hearing process actually feels like and of how to deal with the different situations that can arise. The ‘players’ had clearly prepared themselves well and the acting would not have been out of place on the stage. They carried everyone with them and there was a palpable sense of involvement. By the final session it was evident that delegates felt much better informed and, in particular, had a clearer idea of the way in which the tribunal operates and how they could best contribute to it. Feedback was exceptionally positive. The Tribunal is in the process of producing a DVD (in English with Welsh subtitles) which will be sent to SENTW users early in 2006. For more information, please contact Huw Maguire, Tribunal Secretary, on 01597 829803 or at huw.maguire @ wales.gsi.gov.uk |
Framework of standardsPublished in 2002, the Council’s ‘Framework of Standards for Tribunals’ is a useful example of best practice guidance. Its main purposes are to:
The framework can be downloaded from the Council's website. For a hard copy, telephone 020 7855 5200 or email: enquiries @ cot.gsi.gov.uk. |
SENDIST counts down to unification1 April 2006 will see SENDIST, along with a number of other major tribunals, transfer to the new Tribunals Service, under the auspices of the DCA. All the hard work, time and effort that has gone into planning the changeover is paying off. The Chief Executive designate, Peter Handcock, has made a number of visits to tribunals to talk to tribunal managers and front-line staff and the timetable is on track and everything is in place to meet the spring deadline. As a member of the new service’s virtual management team, under Peter Handcock’s leadership, SENDIST’s Secretary, Kevin Mullany, has been involved in all the key decisions relating to the move. The tribunal has been represented at every level, from the overall strategic approach to working out the finer details of how the changes will be implemented. An implementation board has overseen the planning process and monthly bulletins have kept all SENDIST members up to date with progress. Kevin Mullany says, “Peter Handcock’s emphasis on getting out and about and speaking to people has been very well received. And here at SENDIST we’re feeling positive about the changes. For users of our service it will be very much business as usual. But for tribunal staff, being part of an organisation whose business is justice will offer many more career and development opportunities. For the tribunal too, we will have access to more venues and not have to rely on the rather costly process of using hotels when sitting outside of London, as we do now. “Inevitably there are some uncertainties for staff, in particular the DCA’s new terms and conditions will not be ready in time for the transfer. But there will be no redundancies and on the whole staff will be in a better position. They also have the option of applying for jobs back in the DfES for two years after the transfer.” SENDIST will stay in its current premises in Ludgate Circus in London and Mowden Hall in Darlington. Comment |
Useful Links:Advisory Centre for Education (ACE) Centre for Studies on Inclusive Education (CSIE) Children’s Legal Centre (England and Wales) Department for Education and Skills Information for School & College Governors IPSEA (Independent Panel for Special Education Advice) National Association of School Governors Office of the Schools Adjudicator PEACH (Parents for the Early Intervention of Autism) SENDIST (Special Educational Needs and Disability Tribunal) |
Clerking in KingstonGeetha Mazarelo is an appeals clerk for the Royal Borough of Kingston upon Thames. Here she talks to Adjust about her experiences and the attraction of being involved with a London-wide EASI group. Getting the balance right
Michael Brown is a lay member of the independent admission and exclusion appeal panels for Oxfordshire. He was a member of the Council on Tribunals until 2003, chairing the education committee and involved in the publication of the Council’s special report on Admission and Exclusion Appeals in 2003. He talks to Adjust about his experiences as a panel member. EASI does it
Sheila Sturgeon is the admission and exclusion appeals clerk for Oxfordshire and co-ordinator of the EASI group. Sheila was the keynote speaker at the Council on Tribunals’ EASI workshop for London boroughs earlier this month. Here she talks to Adjust about the EASI group and explains the benefits of getting involved. Profile
Carolyn Berkeley JPCarolyn Berkeley is in her 7th year as a member of the Council on Tribunals. She talks to Adjust about her role on the Council and her hopes for the future. Spotlight
Schools AdjudicatorDr Philip Hunter, the Chief Schools Adjudicator talks to Adjust about the role of the schools adjudicator. |
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