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Chapter 3: Main Findings
This section of the report presents the main findings of this review. They are presented in sections relating to the key objectives of the research.
3.1 Communication and Timing
3.1.1 Communication
Most respondents felt reasonably well informed about the appeals process. They received letters at an early stage that outlined the process and clearly stated what the options were at each stage. These were clearly written and most respondents understood the process as it was explained.
"As soon as you make a placing request at all, the literature is very good in as much as it tells you what will happen when your placing request goes in, what will happen if your application is successful or unsuccessful ... and if it's unsuccessful, that there is a right of appeal … then it goes on to tell you what … you know, and if in fact you appeal and that's unsuccessful, that it then can be taken to court - to a Sheriff. So the information was actually laid down quite clearly there."
Successful placing request appeal
However, there does seem to be a need for better information about what to expect at the actual appeal hearing. Many appellants were quite unprepared for the formality of the setting and conduct of the appeal and felt very disadvantaged as a result. In many cases, the information received about the appeal hearing did not match the experience on the day. This will be discussed further in a later section of this report.
"… just a letter saying you can bring somebody along with you or someone else can speak on your behalf … I didn't remember anything else, because I was a bit unclear: I was just thinking it was going to be myself and one other person at the appeal, but it wasn't."
Unsuccessful placing request appeal
"When somebody's explaining that to you there and then, you can't take that in because you're overwhelmed. If you have, five days beforehand or a few days beforehand in easy language, then you are then more prepared for that day … you'll have a picture in your head."
Unsuccessful exclusion appeal
The information provided about the process is good. However, there is a clear need for better information, in advance of the hearing, about what to expect at the hearing.
3.1.2 Speed
The speed of the process overall drew little in the way of negative comment. In general, respondents felt that they had enough time to prepare for hearings and that they received speedy responses to communications. The timescale from lodging an appeal to it being heard was generally a matter of weeks and this seemed acceptable to most appellants. However, people did find the whole process extremely stressful and several stated that anything that can be done to shorten it would be beneficial.
One or two respondents felt that communication is over bureaucratic, with letters being sent when telephone calls would suffice, slowing things up. For some, this delay meant that they were effectively prevented from meeting the authority's deadline for providing a written submission.
"They send a letter out to say, you know when the date of the appeal was, and that we could submit information, the written information but by the time the form was sent out, the date for submission had passed."
Unsuccessful exclusion appeal
Every measure should be taken to keep the process as short as possible, without prejudice to rights to submit evidence.
3.1.3 Timing
There were a few issues about the timing of the process overall, with many respondents finding that the appeals process ran right to the end of the school year and even into the summer holidays. For people awaiting the outcome of a placing appeal, this created extra stress and worry. Many did not find out until May that their placing request was refused, with appeals heard in early summer. Furthermore, for children moving into primary or secondary education, this meant that they missed out on the visits and induction sessions that happened in their new school at the end of the previous school year, ie in June.
One or two parents felt that the timing of the process actually mitigated against fairness, since it imposed (some felt deliberately) a pressure on parents to 'back down' for the sake of their child.
"He was doing his introduction to secondary school. So when I heard … It was done about the May or something I found out. I mean his primary 7 year was nearly over, and I was just finding out that he'd not been accepted, so it surely didn't leave much time for another school anyway - or to have much thought regarding another school."
Successful placing request appeal
"My son had no place at school and we then would have had to try and find a school for him but of course it was the school holidays so we didn't have the opportunity to go around other schools to look, and the term started so we hadn't actually done that yet, because first day back at school - nobody's going to see you."
Unsuccessful placing request appeal
"I think the timescale of the whole thing is where it falls down; that the timescale works to the benefit of the school who's rejecting the … well the council who's rejecting the placing request, because they know that they can hang out as long as possible - and the longer they hang out from making the decision, the more pressure the parent has to give in and say 'Och well, I'll just make some other arrangement'."
Unsuccessful placing request appeal
This lateness invariably caused distress and an element of panic to the parents and upset to the children, especially when it meant that the latter would be separated from their friends, or other children in the family who had been accepted into a particular school. In addition, some local authorities were operating a ballot system to allocate any places that are available later in the process.
"… the waiting for the ballot was ridiculous because the ballot wasn't actually drawn until after the start of term, and it could even be as long as to the October week, so we'd have to have sent him to some secondary school for 3 or 4 weeks and then changed mid-year - and that's just totally unacceptable."
Unsuccessful placing request appeal
One respondent who is a Deputy Headteacher pointed out that the timing was not helpful to schools either and that earlier decisions would help schools to timetable and plan for the following year, instead of starting it with uncertainty about the numbers on their role.
There is a need to either speed up the process for placement appeals or to begin it earlier in the year.
3.2 Information Provision and Support
3.2.1 Information
Views on the provision of information about the appeals process and about the system varied somewhat. In general, the panel clerks were found to be extremely helpful when contacted (usually by phone) for information at all stages of the process.
"… the clerk to the appeals committee, I was on the phone to him several times and he was extremely helpful, absolutely sympathetic over the whole time and he really was wonderful."
Successful placing request appeal
However, others (possibly those asking for more and/or more detailed information) found information difficult to extract and even felt that the local authority concerned was taking a defensive stance when asked for information to help them prepare their case.
"But you see the council is very very resistant to give any information, I actually wrote them a letter and ask for over twenty bits of information and lucky I got five of them. So right from the very word go I was say, they were very very resistant to supply me with any information that could be used against them at my appeal."
Unsuccessful placing request appeal
No information appears to have been provided for parents on sources of information about appeals: parents recalled the letters they received as giving them the authority's decision and telling them that if they wished to appeal, they must do so within 28 days.
All respondents recalled that introductions and information were given at the start of the hearing itself, but most were too overwhelmed to remember any of them. Very few knew exactly who was present at their appeal hearing, which organisations they represented, and what their roles were. One respondent had called the clerk to ask who would be on the panel and one or two had looked on the Scottish Executive website.
A leaflet sent out before the hearing, with information about how an appeal hearing is conducted, who will be there and what their roles are, would be a useful and helpful addition to the information provided to appellants. This opportunity could also be used to signpost other sources of information and advice.
"I felt it could have been given in a leaflet form beforehand, or sent to us, saying this is what happens and this is the way things are conducted, instead of that day."
Unsuccessful exclusion appeal
3.2.2 Support/advice
Few appellants sought support or advice, other than informally from friends or relatives who were teachers or solicitors. One or two spoke to their local Councillor or to a specific representative (e.g. an armed forces education liaison officer). Where advice was sought it was sometimes conflicting, with teachers in particular often advising that an appeal was pointless.
"Advice from [the local Councillor] was don't bother you will never succeed. [the Clerk] said no, go for it, try."
Successful placing request appeal
Few appellants engaged representation, though one had her local Councillor with her and one or two engaged solicitors. Some looked to the internet or a lawyer for advice or support before getting involved in an appeal. These latter were then prepared for, and in a mood for, conflict.
"I found there wasn't a lot of information at all, and if you were a working parent it was really difficult to get any advice except on the Internet, and I came across the Govan Law Centre, and I started to read about children's rights, with parents involvement in the school; and I gathered a lot of information from the Scottish Executive website as well, to give me an idea."
Unsuccessful exclusion appeal
Clearer and more accessible sources of advice and support are needed and information should be provided to appellants to ensure that they are aware of these.
3.3 Pre-hearing meetings
No respondent had attended a specific pre-hearing meeting. Only one had been to any kind of meeting before the actual appeal, and the purpose of that (though it was not made clear in the correspondence) turned out to be to check whether she had completed a form correctly. This respondent was very upset by the experience, since she thought the meeting was the appeal, and made arrangements for her and her husband to be able to attend, as well as getting all 'worked up' for a meeting that was of no use or interest to her.
3.4 Hearings
3.4.1 Logistics
The precise arrangements for appeals hearings varied across the local authority areas examined, and in all cases elements of the logistics were unsatisfactory.
Timetabling
One example provided regarding timetabling was that at all times in some local authority areas, and at times in all areas examined, appellants are not allocated an individual time for their hearing (although this is not made clear to them until they turn up on the day). So, a number of appellants are asked to turn up at the same time and then their cases are heard on a first-come first-served basis. This means that many have to wait a long time to be heard and can miss their turns because of the necessity to leave to feed parking meters and so on. It also restricts the length of time available to those appeals heard later in the day, since there does not appear to be a limit to the time allowed per appeal.
"Well I phoned the day previously and I can't remember what I was going to ask. And then
I was told 'It's first … come, first served' kind of thing. There was about 12 families there … [they said if] I was there first, so I would get seen first, and I knew this and I felt 'Gosh. I've got a bit of extra information there that will benefit me'... So I made a point of being first, and I thought that was a bit unfair! … there's only a certain amount of time. And with me being the first, I was in there for about 40 minutes."
Successful placing request appeal
Others did not know this and there was no information provided when they arrived (often despite asking). This leaves many appellants in the frustrating position of having to simply sit and wait till their name is called, without even knowing their position in the queue.
In one area, where there was an allotted time per appeal, the allotted period was insufficient, with the result that the timetable was not adhered to and the same problems then arose.
"… they didn't say at any time you know, your time has run out, cause we were in for about forty five minutes which is obviously then other people's time was running on which wasn't fair because they are all just sitting waiting outside, it was ten minute intervals which I don't think it right either."
Unsuccessful placing request appeal
In one area there was an occasion when several appeals were all heard together (all were placing requests at the same school) because the allocated time for hearing appeals on the day in question was insufficient. The first case involved solicitors on the appellant's side and took a long time, leaving insufficient time for the remaining cases. The solution adopted was to call all the remaining cases and hear them together. This occurred in a small community where the appellants all knew each other and were 'competing' for the one available place.
Appeal hearings should always be allotted individual and specific times. These should be adhered to.
Where more than one appeal is to be heard they should be timetabled to allow sufficient length of time to hear each case. The question of what is a sufficient length of time will need to be considered and determined by authorities. There may need to be flexibility and provision for re-convening hearings that over-run.
Appellants' rights to privacy should be respected and hearings should always be heard individually.
Flexibility
No-one had asked for their hearing to be held at a different time from the one they were offered, feeling that this might jeopardise the outcome. Where people couldn't make the time allocated, they simply asked a friend to attend for them, or in one case agreed to let the hearing go ahead without them.
"We kind of looked at this in saying, 'Well that's the time that we've been allocated, and I am not going to rock any boats here. That's the time we've been given, and that's the time I'm going to be there'. And my husband … It's a bit difficult for him to get time off work…"
Successful placing request appeal
"The first appeal I couldn't attend because I had a hospital appointment that I couldn't get out of, and the girl said, 'it doesn't matter - the hearing would still go ahead'."
Unsuccessful placing request appeal
Efforts should be made to ensure that hearings are arranged at times convenient to appellants and that they feel able to ask for changes if the time allotted is inconvenient.
"I felt that they didn't take arrangements for the fact that what if I didn't speak English? I had a parking ticket which I then complained to the committee, that if it wasn't for the committee member being late-! They sent it back, saying it wasn't their responsibility and I felt it was. There has to be more arrangements made, more sensitivity for parents, and pupils - sorry!"
Unsuccessful exclusion appeal
Venue
Almost without exception the venue for appeals hearings is a Council HQ or similar. One appeal hearing was heard in the school. In one authority various venues seem to be used; a hotel, an (unidentified) council building. In another authority an appeal was held in the local town civic centre ('in the room where weddings take place').
While in general respondents did not make strong objections to the selection of venue, many commented that the setting was too formal and that a different, perhaps local venue would have been less imposing and less daunting. One or two did feel that a more neutral venue, rather than a council one, would have been more suitable and the choice of venue was felt to contribute to the feelings of powerlessness and bias that most appellants expressed (this is covered in more detail below).
"I think probably it should have been done in a school setting, with the people actually making an effort to go to the school instead of taking it outwith the school."
Unsuccessful exclusion appeal
"I also felt it was wrong to have it on council property, because that was very much, you know they know their way out of the room, I didn't even know where this building was, you know they could have had it in a church hall, they could have had it in a hotel."
Unsuccessful placing request appeal
A greater effort should be made to hold appeal hearings in more neutral and less formal venues. This would to help reduce appellants' perceptions of inequity. Furthermore the use of more local venues should be considered to improve convenience for appellants.
Other logistical concerns identified include:
- a parent with a special needs child was forbidden to bring the headmaster of the school to which she wished to send her child
- another parent (a Muslim) deeply resented being harangued by a (Muslim) panel member on what were good (Muslim) manners
- another parent had specified several schools to which she wished to send her child but was told that she could only make one appeal in relation to one school in any year
- No attempt was made to accommodate people who might not speak English, or would prefer correspondence in a different language
3.4.2 Purpose/Relevance
There was an overwhelming feeling from all respondents, whether their appeal was successful or not, that the appeal process they went through was largely pointless. Most entered into it with no expectation that there was any chance of them being successful, but feeling like there was no other option and they had to give it a go. A small number of respondents commented that the advice they had received (usually from people they knew in the teaching profession) was that the appeals process was only a formality and that the decision had already been taken (not to offer a placement or to rescind an exclusion).
"I think it was a foregone conclusion, and I don't think it was necessary for us to go to the appeal because I don't feel there was going to be any difference …"
Unsuccessful placing request appeal
"I feel that before we went in there, it was them against us. They had made up their mind what was happening, and it wouldn't have mattered a blind bit … I felt it was a complete waste of time because I don't think it would have mattered what we said. That was the way it was."
Unsuccessful placing request appeal
Most placing appellants felt their request should never have gone so far. An appeal hearing is unnecessary and 'over the top', particularly since, in most cases, the reason for a placing request having been turned down was simply that the school was full at the time the request was made.
"… for just a wee normal person like myself, just trying to get a child moved into another school. It seems all a bit over the top."
Unsuccessful placing request appeal
All would like to see a better system for allocating any places that do exist or become available. The existence of waiting lists seemed to be patchy, with some appellants having been told that there is no waiting list system and that therefore, the way to get a child into a school is simply to keep on making and appealing placing requests. Others trying to get children into schools that did hold waiting lists saw little point to the appeals process, since they were told there was currently no place and that their child was on a list and would obtain a place when one became available.
"Although I didn't know why I had to do that, because I did know there wasn't a place available to her, and if a place came available a place would be made for her. So I felt this appeal was quite horrendous for me, knowing that there wasn't a place for her anyway, so really I didn't see a point for going through what I did go through."
Unsuccessful placing request appeal
In one authority where we conducted research a ballot system operates for placing requests that are not upheld at appeal.
"They continued to say that, as far as they were concerned, the school was at capacity, that there was no space for my son. However my name would be entered into a ballot and that, at some stage, they would be drawing from ballot, and - if it was successful - I'd be informed."
Unsuccessful placing request appeal
Appellants were fully aware of the difficulties in finding a fair way to allocate places at schools where demand exceeds capacity and they were realistic about the need to accept that no system could be perfect.
"I think the ballot system is one that's difficult to avoid, but it's a bit like going into penalty shoot-outs at a European Cup Final. You think 'Drat', you know? 'A wee bit unfair after all the effort that's been put into this', but there isn't really any other way this could be done
I don't think."
Successful placing request appeal
They understood that there were no places at the school of their choice, although some felt bitter at the perceived lack of fairness in the systems for allocating places. For example:
- the parent of one boy found that she could not legally appeal against his placement because he was only four years old, and she therefore had to wait till he was in primary two before she could do so
- frustrations about places that are kept empty for children who might move into the catchment area during the year; for example a parent whose child was denied a place, when she knew there were several places in the class being kept free in case a child of that age moved into the catchment area during the year
- frustration of parents who have moved in during the year and found there is no place in their catchment school; for example a forces family who found they could not get a place for their child because the catchment school was full when they moved into the area after the allocation of places had been conducted
- many are all too aware that there are children whose parents use false addresses and other means to cheat the system; several respondents gave examples of children they knew of who had places in a school, although they did not live in the catchment area, because they had been registered under a relatives address within the catchment area
Those who were appealing to try and get their children into schools that had no places felt they were being patronised and almost forced down a route which they had no desire to follow and whose purpose they did not understand.
"I'm not stupid, thinking they're going to hire another teacher! If they'd read my letter, I should not have gone through what I did. I thought it was all too formal for me, knowing that there was no place at that time. And all I ever wanted was for them to say, if there's a place coming up and there's not another child waiting from the area then [child] can have it."
Unsuccessful placing request appeal
Appeals about placing requests were therefore usually perceived as unnecessary and a waste of everyone's time, with the conclusion foregone.
Consideration should be given to alternative systems for allocating places in schools, that include appeals only as a last resort.
Those appealing against exclusions largely also felt that the outcome was inevitable and the appeal pointless, but for different reasons. They felt that they were battling against a system that would always defend itself, that there was no chance of the appeals panel finding in favour of them against the education department. There were also comments that by the time a hearing comes about, the excluded child will have gone through the exclusion and returned to school.
3.4.3 Atmosphere
The general perception of the atmosphere at hearings is one of excessive formality. This was seen as unnecessary for the purpose of the meeting and most respondents felt that it could be daunting and intimidating, particularly for people who might be less confident or less articulate than themselves. This begs the question of whether less confident or articulate people actually ever even enter into the appeals process. Indeed, all of the respondents participating in this study commented that they were relatively confident in their ability to go through an appeals process, and able to express their opinions in a sensible and literate manner, but that many other individuals would not have the confidence to go through an appeals process.
"I did feel that the lady from the local authority just gave a big spiel from clause this and that and didn't really explain it. It wasn't really helpful. Personally we felt that if you weren't educated in any way it would be very daunting…"
Successful exclusion appeal
Several respondents pointed out that the information they had received in advance of the hearing had stated that the hearing was an informal affair and that they were taken aback when they arrived to discover what they felt was an extremely formal setting and format. Many likened it to a court trial and felt this was unreasonable, since neither they nor their child were on trial. Words like 'evidence', 'convicted', 'defence' were frequently used by appellants when describing the experience of attending their appeal hearing. One respondent likened the tone and approach of the Council's solicitor to being on trial at the Old Bailey.
"They were a way up at the other end of a room and there were so many of them… It was quite overwhelming … I just thought there would be a little table and I was sitting one side of it and they were sitting the other side … It felt almost like a court room, I felt."
Successful placing request appeal
"It was like a big conference … quite formidable actually."
Successful placing request appeal
"Well the [council offices] are very imposing. It's a lovely building. From the minute I found out that that's where the hearing was to be, I thought 'oh this is more serious than I thought it was going to be;' it was a bit intimidating with huge tables and everybody's sitting there … with everyone just staring at you-! You feel like you're on trial!"
Unsuccessful placing request appeal
Respondents found the process of appealing extremely stressful and were generally there because they felt very strongly about the issue, which they felt might have far reaching effects on their child and family. The atmosphere at hearings was reported to do little to reassure or counter this stress and emotion, making it even more difficult for appellants to put their case effectively.
"I was allowed to say why I wanted to, what I felt, but by then I was distraught, crying and ohhh-! My mum had said before 'don't you be crying in here' and I looked over at my mum and she was crying. It was stressful, and I knew there wasn't a place at this time and I just kept thinking, 'why are you putting me through this?' When I'm not silly and I know there's not a place just now, and I just thought it was a wee bit formal."
Unsuccessful placing request appeal
This said, all respondents felt that they were given sufficient opportunity to speak and to put their case. Opinion varied, however, as to whether or not their point of view was being listened to.
"They asked you but it was a case of it wasn't a discussion. It was very down and you felt you had lost before you even opened your mouth. That is how I felt - that a decision had been made already."
Unsuccessful exclusion appeal
"And I did feel very much that all 3 of the panel members were listening."
Successful placing request appeal
"People weren't hurrying you along. You were able to say it clearly and in your own time, what you wanted to say, yes."
Unsuccessful placing request appeal
One respondent was reluctant to call witnesses in defence of their child, since these would be other children who were present when the incident that led to his exclusion occurred. She felt it would be unfair to put other children through the experience of having to give evidence at the hearing. This same respondent had a statement of character from her child's Boys Brigade leader and hadn't felt she could ask him to come along, though afterwards thought her child's case would have been better made if she had. One respondent had been very aggressively cross-examined by the local authority solicitor. Another respondent felt that an exclusion had been unfair from the outset, with only one boy involved in the incident being excluded while the other was allowed to continue attending school.
3.4.4 Conduct
There was some variation in the conduct of hearings. Some lasted as little as five minutes, with appellants being asked no questions, others as long as forty minutes or more, with a great deal of questioning. Where specific times had not been allocated and several hearings were held on the same day, the process was seen to be unfair, as discussed earlier.
Hearings were also widely experienced as one-sided, with very few respondents feeling that they were on an equal footing with the education authority. This feeling was exacerbated by the size and make-up of the appeals panel and education authority 'side'.
Some appellants felt that there was someone else in the room who was empathetic to their case or 'on their side', but most did not. Many described the panel members as cold, formal and unsympathetic and few saw this as a necessary part of being impartial. In fact, very few thought that the panel members were impartial.
"When I said they listened to me, they looked absolutely …, there was no emotion at all in their faces. I couldn't tell if they were sympathetic or whatever but I carried on anyway."
Successful placing request appeal
"No eye contact, and they can't tell you anything with their face or anything, you know?!,
so they're very stern looking, and they give you no indication of where you are within your appeal when you're talking to them."
Successful placing request appeal
There was no discussion of cases in front of the appellants and no feedback. The hearing was held and they were asked to leave and await a decision at a later date. However, the local authority side were not asked to leave the room once they had given their evidence and this was seen by some as unfair.
"What I was led to believe is they wouldn't make the decision in front of the council, it was purely going to be the committee. So I felt a bit annoyed that, why didn't the council come out?"
Unsuccessful placing request appeal
One respondent did feel as though her point of view was being listened to and that she was given an indication of the outcome of her appeal.
"As far as I was concerned, they asked sensible questions. And, at the end of it, because of the questions they asked, that gave me an indication that they had listened to my point and they realised my points were valid."
Successful placing request appeal
Many respondents felt that no-one involved was thinking about the child concerned, there was no recognition of the child's point of view, and some took pictures of their children (for example, brothers hugging goodbye in the garden in their different uniforms) to try and shift the focus of attention. One appellant brought a letter from her local Councillor about the effect on the child's wellbeing, self-confidence and a certificate from the school to confirm that he'd done the introductory sessions there.
Most parents went to the appeal with whom they wished (a partner/member of the family/solicitor) but tended to feel overawed or angered by the array of people on the 'other' side, as they saw it. Appellants were up to three in number while there tended to be about seven (sometimes more) others in attendance and it seems that they (panel members, educationists, headmaster, solicitor, Clerk, etc.) often sat on the other side of the table and thus were perceived as a group ranged against the appellant. Many felt that the seating arrangements in the room reinforced the feeling that the local authority were 'looking after their own', with council officers sitting in big chairs at the top and the appellant down one side of a table. One person was required to move to speak and likened it to going into the witness box.
"… we were very much two adults sitting across the table from nine individuals. So I thought right from the word go … why were the two parties putting a case to the committee, why would they not come in at the same time as us. But that didn't happen and it didn't happen when it finished either, they, we left and they stayed in the room and then the next appeal was heard. I just thought it was extremely disadvantaged because we weren't like somebody on the left side of the room and somebody on the right side of the room and then the panel in the centre, it was very much like them and us. And that is how we felt."
Unsuccessful placing request appeal
The overwhelming view was that there were too many people on the 'other' side.
"I think we were a bit overwhelmed by how many people were in the room and obviously the deputy head is used to speaking to people."
Successful exclusion appeal
"I still probably resent the way it was done, I still felt as though …, because of the representation at the meeting, I felt there that you know that they were in a position of power and that we weren't going to be successful."
Unsuccessful exclusion appeal
"We were only allowed two representatives, why were they allowed four? You know in that way that wasn't fair."
Unsuccessful placing request appeal
"There was four people on the panel: there was the speech therapist, there was an educational psychologist, chief educational psychologist, the head of education; there was two people from the High School that they wanted them to go to - there was at least seven I can think of that they had. Plus the council lawyer, that's eight."
Successful placing request appeal
"Oh goodness, there was, clerk, then there was the lady taking the minutes, then there was the councillor, then there was the lawyer from the education department, six, then there was the headmistress from the school, seven, then there was the chap from the council who was dealt with the placing requests and his boss, his director of finance, and they actually deal with it ?, there was nine people."
Unsuccessful placing request appeal
Very few respondents had any idea, before coming to their hearing, of the numbers of people that would be involved and many were taken aback when they realised how many others were in the room. To many, it seemed unfair that they had been told they could only have two (or three if they had formal representation) and yet the 'other' side seemed to have no such limit imposed. Most were not told that the local authority might involve a solicitor and again, felt disadvantaged as a result.
"Oh well, well first I didn't know there was going to be legal representation … I would have done that as well."
Unsuccessful exclusion appeal
3.4.5 Panel
In every case, panels seemed to be made up of local councillors or others seen to be connected with the authority side. They were therefore widely viewed as not likely to be impartial. That said, in the experience of many appellants, the panel members treated them fairly. There was, however, a great deal of variation across different panels and even within panels. Some members were viewed as empathetic and kindly, others officious and formal.
"I just felt that he was speaking down to me all the time. He's obviously very knowledgeable, and I'm just like a mum who's just trying to do the best for her child, and I just found it all quite formal and a wee bit scary."
Unsuccessful placing request appeal
In some cases, the composition of the panel was clearly recalled but in others respondents' recall was vague and many were uncertain whether they had ever known it. The strong impression among respondents was that decisions had already been made and that the panel seemed to be going through the motions for the sake of form. None had any great confidence that the panel members had appropriate experience or training.
"I just feel that I don't know their background or if they have any qualifications that would make them suitable to sit in that capacity. But my impression from that particular incident was that I don't see that they were qualified in any way… I work with autistic children and
I would say somebody that I work with would be far more qualified to sit as an impartial member than a councillor."
Unsuccessful exclusion appeal
"… one was a councillor and I remember she could barely speak a coherent sentence and I was a bit shocked that somebody like that was on a panel in the first place. I never criticise people on that level but I think then they are sitting in judgment of you, I have a right to question what are their qualifications as far as this goes … another one but I can't remember what their role was … every time you say anything they glare at you and they are just not listening to a word you say."
Unsuccessful exclusion appeal
Many appellants find it difficult to distinguish between the panel members and the local authority representatives. This may be partly because the seating arrangements often meant they were not physically separated, partly because they were all already in the room when they walked in and partly because they were actually all people associated with the local authority in some way. The level of understanding about the role or function of the Clerk varied, but was not high in general.
Respondents gave one or two examples of behaviour they felt to be inappropriate, on the part of panel members or local authority staff, highlighting the need for training.
"This woman [a panel member] came across so [biased] it was unreal. I thought why was she here because she had judged him before he had even spoken."
Unsuccessful exclusion appeal
"They had a question and answer bit. And the Head of Education had said, what did it feel like to have a child who was abnormal. 'My son is not abnormal.' And I think anybody who can say to a mother 'your child is abnormal', is very hurtful and it might have been the reason we won the appeal. Because you could actually see that quite a few of the panel were shell-shocked by the way he was treated."
Successful placing request appeal
"I can't remember what it was he [panel member] said, but it was just like a daft wee word! … but I just reworded it for him, and he just looked at me and then looked away, so … and it was very disrespectful. I didn't like that, you know, because you're being so careful and it's a very important thing. But he was very disregarding of me, and I didn't like that. I thought that was very disrespectful and not very professional!"
Successful placing request appeal
One woman was offended when an issue had been made of the fact that her son shook hands with a classmate when he was excluded.
"So there were things like that that actually are a part of our religion … I felt that was really inappropriate … and I was quite astounded with it, because she gave us all a ticking off!
I felt the committee needed more training and understanding."
Unsuccessful exclusion appeal
All those involved in hearings should be well trained as per the SCCT recommendations.
Efforts should be made in communication both before and during the appeal, as well as in the conduct of the appeal, to ensure that the roles and descriptions of all those present are clearly presented to appellants.
3.4.6 Decisions
In most cases, the decision of the panel was received within a week. Few appellants expected to get a favourable decision. Most left their hearing despondent and those that were successful were pleasantly surprised and delighted. These people tended to be slightly more positive about the process, though they often still said they did not think they should have had to go through an appeal.
"So when we were actually told that the appeal had been upheld in favour of the council, there was no surprise. We already had come out of the hearing and felt that was exactly what was going to happen."
Unsuccessful placing request appeal
3.4.7 Fairness/independence
Feelings varied about whether hearings were fair. Most appellants felt that the panel had treated them fairly, the exceptions being largely those who were appealing exclusions. Placement appellants were more likely to think the system rather than the panel was unfair.
"Yeah. I think I was given a very fair hearing, and the councillors were most interested. I think actually … was the Headteacher of the school there? I can't remember now. But I think that the councillors listened. They were quite interested and fair in listening to me."
Unsuccessful placing request appeal
"I did say that he had not been caught with a cigarette. It was really on my mind to say even in a court of law, you wouldn't be found guilty if you have not got the evidence to prove it.
I felt there could have been someone else there for the child … there was nobody really there to represent him."
Unsuccessful exclusion appeal
"They wouldn't allow anyone from [special school] to come; they wouldn't allow them in. They told us about an hour before the hearing that they could actually come, but it was too late for the school … We could only have myself, my husband, plus two others. Yes, so we plumped for the lawyer and the councillor … And they couldn't bring a medical person in. Couldn't bring any specialists in - that wasn't going to be allowed."
Successful placing request appeal
"I had nobody else to support what I said and this is where I was feeling extremely vulnerable. I could have howled when I came out of there …"
Unsuccessful exclusion appeal
Generally, panels were made up of councillors, who, in the minds of appellants were most likely to take the side of the local authority. Only one or two (most often those who had successful appeals) saw councillors as independent and likely to be impartial.
"But I don't think the appeal process is impartial, because when you get there the members of the panel are on first-name terms with the placing officer! And I just feel that they're not going to come down in your favour when the old boy network's working!"
Unsuccessful placing request appeal
"I have to say from the minute I got in I felt ganged up on by the people they had there from the education authority and I was there on my own. It was like me being on trial and they had no intentions of listening to anything I had to say. My impression was that they have probably had some very bad cases in front of them and it is like oh well they are all the same…"
Unsuccessful exclusion appeal
"The headteacher and someone from head office of education department and it appears he has a kind of solicitor as a legal role to play in it. There were three councillors but there were very much a part of the education system I felt. They were most definitely not impartial in no way."
Unsuccessful exclusion appeal
"… they had issued us with these guidelines as to how the appeal would take place and I genuinely believed that them and I were of an equal standing before anything was said, but it wasn't like that."
Unsuccessful placing request appeal
Suggestions for more independent members included parents from boards of other schools, people from the business community (private nurseries for example), children's panel. There was a desire to involve people who might be thinking of the child's interests - not the parents, the schools or the authorities.
Consideration should be given to mechanisms for ensuring that panel members are drawn from a wider pool of types of people and that all panels include one or two members who are not associated with the local authority.
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