THE parents of around 50 children who appealed against the results of the selection tests for Skipton's two grammar schools have been offered a rehearing of their case.
The education authority has bowed to pressure from the Ombudsman after parents of 10 children made a complaint of maladministration.
His report has yet to be published but it is believed to be critical of North Yorkshire's procedures.
The appeals start next week and should be completed by the end of July. They were due to be completed in February.
The 10 complainants - who include the editor of the Craven Herald - argued that evidence quoted by the education authority was not disclosed, their own evidence on the test system was dismissed out of hand by the appeal panel and the panel used the wrong criteria for determining whether to uphold an appeal.
A spokesman for North Yorkshire County Council said: "The Ombudsman considers that the appeal panel required an inappropriately high standard of proof to determine their appeals.
"The Department of Education and Employment has also said that the approach for panels to use in determining an appeal is 'balance of probability' rather than the standard of 'beyond reasonable doubt' which was used."
Craig Howie, who co-ordinated the complaint, said the parents felt totally vindicated.
"Genuine information provided by the parents was dismissed out of hand by the appeal panel, which relied solely on the premise that the NFER test results were the only criteria for deciding whether a child was suitable for a grammar school education," said Mr Howie. "They did not accept that there were outside factors which could influence the result.
"Since the appeal we have gathered a lot of information and material which shows that the evidence used by the local education authority - and which it did not disclose for the appeals - was flawed and out of date.
"In fact, the education authority has withdrawn that evidence."
Mr Howie said the ombudsman's ruling strengthened the case for a new method of assessing children as suitable for grammar schools and a review of procedures for appeal.
He said that in other areas of the country where grammar schools existed, there were selection committees made up of head teachers and parents to decide appeals and factors other than the NFER tests were used to make the selection.
Stuart Jackson, who has investigated the case on behalf of the Ombudsman, was unable to comment on the final report but confirmed that North Yorkshire had been asked to re-stage the appeal hearings of the 10 complainants.
"The fact that the council has called for fresh appeals and indeed gone further by offering them to everyone will count in their favour in the final report," he said.
Diana Chambers, headteacher at Skipton Girls' High School, admitted there would be a problem if large numbers of girls were successful in their appeal.
The school is fully subscribed and Mrs Chambers said: "Obviously there is a possibility of taking in one or two more. We are awaiting an extension at the school. It would cause us problems if there are any great numbers."
The school was due to carry out its induction and welcome procedures to next year's intake yesterday (Thursday).
Ermysted's Grammar School is under-subscribed by 11 places, despite last month's offer of tests to boys outside the Skipton area.
Headteacher Tom Ashworth said that meant should 11 appeals be upheld they could be accommodated. "If there are more than 11 then the governors will have to make a decision."
Coun Mike Doyle, who sits on the education committee, said the decision to offer a fresh appeal meant there would have to be a "root and branch" overhaul of the selections procedures.
He said that parents going into appeals had been seriously misled.
Coun Doyle also said that if any appeals were upheld then the authority was entering uncharted territory as it could not breach its limit of 28 per cent of local children being selected.
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