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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Schools Admissions Appeal. At the appeal today the panel accepted

Resolved Question:

Schools Admissions Appeal. At the appeal today the panel accepted that the school had not followed the mandatory procedure laid down in the School Admission Appeals Code. The school had breached sections 2.3 (d) and 2.7.
They then stated that this is not a breach of the Admissions Code for Schools and that it was not grounds to find in our favour. Therefore, the appeal was rejected. An apology was offered.
If there is a mandatory proscribed procedure that MUST be followed and then is not - why is there no sanction in favour of the appellant? What is the point of a mandatory legal procedure laid down in The Schools Appeals Code?
The school is Voluntary Aided, The Governor attended and the application was for a year 4 place.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I'm not sure what your question is?
Obviously we cannot comment on the merits of the law.
Customer: replied 1 year ago.
There is a mandatory Schools Appeals Code. This was not followed. The school admitted this. What then should be the outcome of not following the mandatory procedure laid down in law.?If no sanction or prescribed outcome, what is the point of having it as law? If I, as the appellant, had not followed the mandatory procedure then my appeal would have been rejected. The school does not follow the mandatory procedure and then???
Expert:  Jo C. replied 1 year ago.
Well, lots of laws are pointless. Mostly they are about vote winners for Government rather than achieving what is right. That is the disadvantage of rule by the ballot box I'm afraid.
However, the School Admissions Appeals Code is not a statute. It is just a statutory instrument and so secondary legislation.
In any event, procedural failures are usually an issue for costs rather than for consideration during the substantive hearing which deals with the contested facts.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
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