Comment : Clerking in Kingston
Geetha 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.
How long have you been a clerk; and how did you get involved in clerking?
I left university with a degree in Linguistics with Chinese, not the usual background to enter local government! But after taking a post-graduate conversion course in law, I went on to train as a solicitor starting as a trainee with Harrow Council. As part of my training I got involved in both admission and independent exclusion appeals. I enjoyed the education work and wanted to stay in local government after I qualified, so when I saw that Kingston's legal department was looking for a qualified solicitor to advise on Education Law, including clerking school admission and exclusion panels, I applied and joined them in December 2003.
I work with another experienced clerk. We do many more admission appeals than exclusion appeals in Kingston. We clerk appeals for both schools where the Local Authority controls admissions directly and some of the voluntary-aided and foundation schools that control admissions themselves.
What are the key issues around appeals?
For the LEA it is demonstrating that the admissions criteria were applied correctly, and if relevant, demonstrating 'prejudice'. Most parents agree that the criteria have been applied properly, and they want to explain the reasons their child should be given a place even though the school is 'full'.
For me the main issues are making sure that appeals are handled according to natural justice; that both parties have a fair hearing and the appeals panel has the best legal advice and support I can offer. I encourage parents to be present at their hearings and am particularly concerned that they understand what is going on.
Although we don't have many exclusion appeals at Kingston the ones we do have place extra pressure on the service. I'm sure it's a common experience for appeals clerks. The timescale is much tighter; the appeal has to be heard within 15 school days of being lodged and it's extremely difficult to find panel members, in particular headteachers who are willing and able to sit at such short notice. However, I do understand the need for the case to be dealt with speedily for all concerned, so that the child's education is not interrupted for long periods.
We have some excellent panel members who spend a lot of time understanding their role and getting to grips with each case. I've been working on trying to increase the number and diversity of panel members we have here in Kingston. I've recently written to local faith groups and governing bodies asking for people to come forward. It is also important that new and existing panel members get appropriate training and I help organise and provide this.
We have a number of very popular schools, including two grammar schools in the borough, that are always oversubscribed. A particular issue for us and other London boroughs is cross-border admissions. We have a mix of children applying from other boroughs and likewise other boroughs have children from Kingston making applications.
Are you involved in any forums that enable you to share information and experiences; and would you welcome a London-based EASI group?
I'm involved with the Education Special Interest Group, a group run by the Law Society Local Government Group for education solicitors. It meets frequently and provides a forum to discuss difficult cases and new legislation. But it's much broader than simply appeals; it covers a whole raft of legal education issues.
I would personally welcome a London-based EASI group. It would be very useful in terms of being able to share best practice and seek advice in areas of uncertainty. It would be useful, for example, to see what pro-formas and Guidance Notes for parents other clerks are using. I would also be interested in training days run through the group.
Do you have other thoughts or views?
As clerks we spend a lot of time and effort ensuring parents understand their appeal rights; there is a great deal of emphasis on this and it is important. However, we also need to ensure that the local authority or school has a fair hearing as well and the panels must consider both parties' cases carefully.
(October 2005)
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