The Education (Admissions Appeals Arrangements) (England) Regulations 2002

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Admissions Appeals Arrangements) (England) Regulations 2002 and shall come into force on 20th January 2003.

(2) These Regulations apply only in relation to England.

Interpretation

2.—(1) In these Regulations—

“the 1972 Act” means the Local Government Act 1972(1);

“the 1998 Act” means the School Standards and Framework Act 1998.

(2) Any reference in these Regulations to a numbered section is a reference to that section of the 1998 Act, unless stated otherwise.

Constitution of appeal panels

3.  Where arrangements or (as the case may be) joint arrangements are made by—

(a) a local education authority under section 94(1) or (1A)(2),

(b) the governing body of a foundation or voluntary aided school under section 94(2) or (2A)(3),

(c) the governing bodies of two or more foundation or voluntary aided schools maintained by the same local education authority, in accordance with section 94(3)(4),

(d) a local education authority and the governing body or bodies of one or more foundation or voluntary aided schools maintained by the authority, in accordance with section 94(4),

(e) a local education authority under section 95(2),

an appeal shall be to an appeal panel constituted in accordance with the relevant paragraph of Schedule 1.

Duty to advertise for lay members

4.—(1) In this regulation—

(a) “appropriate authority” means the body or (as the case may be) the bodies responsible for making the arrangements described in regulation 3;

(b) “lay member” has the meaning given in paragraph 1(3) or 2(3) of Schedule 1.

(2) The appropriate authority shall during the periods referred to in paragraph (3), secure the publication of an advertisement for lay members of appeal panels constituted in accordance with any of the paragraphs of Schedule 1.

(3) The advertisement referred to in paragraph (2) shall be published before the end of the three year period starting when the last advertisement was published under the Education (Lay Members of Appeal Committees) Regulations 1994(5) and thereafter in every three year period following the date upon which an advertisement (or the final advertisement or series of advertisements) was last published in accordance with this regulation.

(4) The advertisement referred to in paragraph (2) above shall—

(a) identify by name, class, or general description the schools served by the appeal panels to which the advertisement refers;

(b) be placed in at least one local newspaper circulating in the area in which the schools identified in the advertisement are situated;

(c) allow a period of at least 21 days from the date of publication of the advertisement for replies.

(5) Before appointing any lay members the appropriate authority shall consider any eligible persons who have applied to the authority in response to the most recent advertisement or series of advertisements placed in pursuance of paragraph (2) indicating that they wish to be considered for such appointment.

Procedure for appeals

5.  An appeal to which these Regulations apply shall be made in accordance with Schedule 2.

Relevant considerations in appeals brought under sections 94 and 95

6.—(1) In relation to an appeal made under the arrangements referred to in regulation 3(a) to (d), the matters to be taken into account by an appeal panel, in considering an appeal, shall include—

(a) any preference expressed by the appellant in respect of the child as mentioned in section 86, and

(b) the arrangements for the admission of pupils published by the local education authority or the governing body in accordance with regulations made under section 92.

(2) Where the decision under appeal was made on the ground that prejudice of the kind referred to in section 86(3)(a) would arise as mentioned in subsection (4) of that section, an appeal panel shall determine that a place is to be offered to the child only if they are satisfied—

(a) that the decision was not one which a reasonable admission authority would make in the circumstances of the case; or

(b) that the child would have been offered a place if the admission arrangements (as published in accordance with regulations made under section 92) had been properly implemented.

(3) In relation to an appeal made under arrangements referred to in regulation 3(e), an appeal panel in considering an appeal shall have regard to—

(a) the reasons for the local education authority’s decision that the child in question should be admitted; and

(b) any reasons put forward by the governing body as to why the child’s admission would be inappropriate.

Payment of allowances

7.—(1) For the purpose of the payment of financial loss allowance under section 173(4) of the 1972 Act(6), that provision shall apply to any member of an appeal panel constituted in accordance with any of the paragraphs of Schedule 1; and in that section as it so applies the reference to an approved duty shall be read as a reference to attendance at a meeting of an appeal panel.

(2) Section 174(1) of the 1972 Act(7) shall apply in relation to any appeal panel constituted in accordance with any of the paragraphs of Schedule 1; and in that section as it so applies, the reference to payments at rates determined by the body in question shall be read as a reference to payments at rates determined—

(a) by the authority, in the case of an appeal panel constituted under arrangements referred to in regulation 3(a), (d) or (e);

(b) otherwise by the governing body or bodies of the school or schools in question.

Indemnity

8.—(1) Any local education authority or governing body making arrangements such as are referred to in regulation 3 shall indemnify the members of any appeal panel constituted for the purposes of those arrangements against any reasonable legal costs and expenses reasonably incurred by those members in connection with any decision or action taken by them in good faith in pursuance of their functions as members of that panel.

(2) Where any such panel is constituted by—

(a) the governing bodies of two or more foundation or voluntary aided schools maintained by the same local education authority, or

(b) a local education authority and the governing body or bodies of one or more foundation or voluntary aided schools maintained by the authority,

any liability arising under paragraph (1) shall be a joint and several liability of the bodies by whom the joint arrangements are made unless otherwise previously agreed in writing between those bodies.

Revocation

9.  The Education (Lay Members of Appeal Committees) Regulations 1994 are hereby revoked insofar as they relate to any appeal panel constituted in accordance with any of the paragraphs of Schedule 1.

David Miliband

Minister of State,

Department for Education and Skills

18th November 2002