The Education (Admission Appeals Arrangements) (Wales) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe matters relating to appeals brought under sections 94 and 95 of the School Standards and Framework Act 1998 as amended by the Education Act 2002.

Under section 94 arrangements must be made by a local education authority or in the case of a foundation or voluntary aided school, a governing body, enabling parents to appeal against school admission decisions, including decisions refusing permission to children already admitted to a school to enter the school's sixth form.

Under section 95 arrangements must be made by a local education authority enabling a governing body of a community or voluntary controlled school to appeal against the authority's decision to admit a child who, at the time the decision was made, has been permanently excluded from two or more schools.

Regulation 3 of, and Schedule 1 to these Regulations make provision as to the manner in which an appeal panel is to be constituted where appeal arrangements are made by a local education authority, a governing body, or where joint arrangements are made by two or more governing bodies, or the local education authority and one or more governing bodies.

Regulation 4 sets out an admission authority's duty to advertise for lay members.

Regulation 5 of, and Schedule 2, to these Regulations prescribe the procedure which an appeal panel is to adopt when hearing an appeal.

Regulation 6 sets out the matters that the admission appeal panel is required to take into account when hearing an appeal.

Regulation 7 makes provision for the payment of allowances to appeal panel members by the local education authority or governing body responsible for making the arrangements in respect of financial loss, and travel and subsistence expenses.

Regulation 8 imposes a duty on the local education authority or governing body responsible for making the appeal arrangements to indemnify appeal panel members against expenses or legal costs incurred in respect of any decision they make.