The Education (Admissions Appeals Arrangements)(England)(Amendment) Regulations 2008

Amendment of Regulations

6.  For Schedule 2, substitute the following—

Regulation 5

“SCHEDULE 2 Procedure on Appeal

Appeals made pursuant to section 94

1.— (1) In this paragraph—

“appeal” means an appeal made under the arrangements referred to in regulation 3(a) to (d); and

“a decision about sixth form education” means a decision—

(a)

made in relation to a preference expressed in accordance with arrangements made under section 86A(1) as to where education should be provided for a child, or

(b)

refusing permission for a child to enter the sixth form of the school to which he has been admitted.

(2) The appropriate authority must send the following information to parents—

(a) particulars of the arrangements for making an appeal, and

(b) the contact details for the appropriate authority.

(3) In the case of a decision about sixth form education, the appropriate authority must send the following information to the child and his parents—

(a) particulars of the arrangements for making an appeal,

(b) the contact details for the appropriate authority; and

(c) a statement explaining that where a child and any parent of his make separate appeals in respect of the same school, the appeals must be heard together.

(4) Where a child and any parent of his make separate appeals in respect of the same decision about sixth form education, the appeals must be heard together.

(5) An appeal shall be by notice in writing setting out the grounds on which it is made.

(6) An appeal shall give the appellant an opportunity of appearing and making oral representations, and may allow him to be accompanied by a friend or to be represented.

(7) An appeal shall be heard in private except where the body or bodies by whom the arrangements under section 94 are made direct otherwise; but—

(a) if the panel so direct, one member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal panel constituted in accordance with paragraph 1 of Schedule 1;

(b) if the panel so direct, one member of the governing body of the school in question may attend, as an observer, any hearing of an appeal by an appeal panel constituted in accordance with paragraph 1 or 2 of Schedule 1 (or in accordance with paragraph 2 as it applies by virtue of paragraph 3 of that Schedule); and

(c) if the panel so direct, any person may attend a hearing of an appeal for the following purposes—

(i) training, or

(ii) appraisal of the performance of clerks or appeal panel members.

(8) For the purposes of sub-paragraph (7), an appeal to an appeal panel constituted in accordance with paragraph 1 of Schedule 1, as it applies by virtue of paragraph 4 of that Schedule, shall be treated—

(a) as an appeal to an appeal panel constituted in accordance with paragraph 1 of that Schedule if it relates to a community or voluntary controlled school; and

(b) as an appeal to an appeal panel constituted in accordance with paragraph 2 of that Schedule, if it relates to a foundation or voluntary aided school.

(9) In the event of a disagreement between the members of an appeal panel, the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the panel shall have a second or casting vote.

(10) The decision of an appeal panel and the grounds on which it is made shall be communicated by the panel in writing to—

(a) the appellant and the local education authority,

(b) in the case of an appeal heard jointly with another appeal in accordance with paragraph 1(4), to the appellant in the other appeal; and

(c) in the case of an appeal to an appeal panel constituted in accordance with paragraph 2 of Schedule 1, (or in accordance with that paragraph as it applies by virtue of paragraph 3 of that Schedule), to the governing body by whom or on whose behalf the decision appealed against was made.

(11) For the purposes of sub-paragraph (10), an appeal to an appeal panel constituted in accordance with paragraph 1 of Schedule 1, as it applies by virtue of paragraph 4 of that Schedule, shall be treated as an appeal to an appeal panel constituted in accordance with paragraph 2 of that Schedule, if it relates to a foundation or voluntary aided school.

(12) Subject to sub-paragraphs (2) to (11), all matters relating to the procedure on appeals, including the time within which they are to be brought, shall be determined by the appropriate authority.

Appeals made pursuant to section 95

2.— (1) In this paragraph “appeal” means an appeal made under the arrangements referred to in regulation 3(e).

(2) Where any such decision as is mentioned in section 95(2) is made by or on behalf of the local education authority, the authority shall give the governing body of the school notice in writing—

(a) of that decision; and

(b) of the governing body’s right to appeal against the decision in accordance with sub-paragraph (3).

(3) An appeal by the governing body against any such decision must be made not later than the 15th school day after the day on which they are given notice under sub-paragraph (2).

(4) An appeal shall be by notice in writing setting out the grounds on which it is made.

(5) The appeal panel shall meet to consider an appeal on such date as the local education authority may determine but the date so determined must not be later than the 15th school day after the day on which the appeal is lodged.

(6) On an appeal the panel shall allow—

(a) the local education authority and the governing body to make written representations;

(b) an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations; and

(c) the governing body to be represented.

(7) Appeals shall be heard in private except when the local education authority direct otherwise; but—

(a) if the panel so direct, one member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal panel; and

(b) if the panel so direct, any person may attend a hearing of an appeal for the following purposes—

(i) training, or

(ii) appraisal of the performance of clerks or appeal panel members.

(8) Two or more appeals may be combined and dealt with in the same proceedings if the appeal panel consider that it is expedient to do so because the issues raised by the appeals are the same or connected.

(9) In the event of a disagreement between the members of an appeal panel, the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the panel shall have a second or casting vote.

(10) The decision of an appeal panel and the grounds on which it is made shall—

(a) be communicated by the panel in writing to the local education authority and the governing body; and

(b) be so communicated by the end of the second day after the conclusion of the hearing of the appeal.

(11) Subject to sub-paragraphs (2) to (10), all matters relating to the procedure on appeals shall be determined by the local education authority.”