Comment : 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.
Michael sits on a panel about once a month. He has a number of other adjudication roles, including being a local magistrate, so his availability is dependent on fitting in with his other commitments. Three people sit on the panel, in other areas it can be up to five.
He says, "If I'm chairing the panel, I like to meet with the other two members just before the hearing for a preliminary discussion about the case or cases and to agree who will lead on asking questions on which subjects.
"I think a degree of pre-planning is important. It helps to identify issues and ensure that we get all the information we need to make an informed decision. Similarly, I like to have a discussion with the panel members immediately afterwards, whilst the appeal is fresh in our minds. This provides an opportunity to reflect on how we have performed and to consider any improvements for next time."
The nature and rules of admission and exclusion appeals differ, the latter having a shorter timescale and perhaps, given the type of cases heard, a greater degree of tension.
However, Michael's experience is that, "Parents rise to the occasion and cope relatively well. They allow the procedure to take its course. But they do rely on the panel asking many of the questions in order to get the facts.
"In my experience, many parents are unable to challenge properly the LEA/school's evidence or to construct questions; this is particularly true of parents at exclusion appeals, who tend to have more difficulty articulating what they want to say".
One of the challenges for panel members is getting the balance right between a formal and informal procedure.
He says, "We need to keep things relatively flexible. We need to be conscious of making parents feel comfortable without losing our authority. The fact is we are independent and objective, and take each case very seriously."
Another challenge is to get the tone of questions right.
"Each panel member asks their own questions but we need to be careful with our questioning because we must not appear to be cross-examining the parents or the head teacher/LEA, or put them in a position where they feel defensive or at a disadvantage.
"What has made a huge difference to the smooth running of our panel hearings, and the understanding of the process by parents, is the publication of detailed guidelines. Unlike some other Councils, Oxfordshire has comprehensive guides for admission and exclusion appeals that both panels and parents use. They were written by our clerk, Sheila Sturgeon, and include a batting order for the hearings. The guides explain to parents how to prepare for an appeal, what will happen during the hearing and how the panel will reach its decision. Parents receive a copy well before the hearing and are encouraged to read it."
Michael is now in his second year as a lay panel member. Asked why he volunteers to do what to some may seem a time consuming and difficult job, he says, "I worked in the City of London for 25 years and when I left it was with the thought of making a local contribution. I wanted to use my years of experience and professional skills on a personal level and have a positive effect on people's lives. Ensuring that parents have a fair and independent appeal hearing is one example of doing that.
"Given my time as chair of the Council on Tribunals' education committee and observing a number of education appeal panels at work, I wanted to see what it was like from the point of view of a panel member. I have not been disappointed."
Michael concludes, "However, whilst on the Council I saw at firsthand some of the negative consequences of the absence of any regional or national structure for education admission and exclusion appeals. Sheila Sturgeon, our clerk, has played a major part in the growth and success of the EASI group, and with the Council's support, other similar groups are being started.
"I hope there will be involvement of panel members in all of these groups or alternatively opportunities will be found for panel members from different panels to share best practice and training."
(October 2005)
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