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Regulations 5, 7 and 8

[F1SCHEDULE 2E+WTemporary amendments of Constitution of Appeal Panels and Procedure Rules

Textual Amendments

Arrangements made by a local authority or governing body: when coronavirus exception appliesE+W

1.—(1) Where one or more members of an appeal panel has to withdraw from membership of the panel, the appeal panel may continue to consider and determine the appeal provided there remains a panel of at least two members, regardless of whether those members meet the requirements of paragraph 1(2) of Schedule 1.

(2) Where sub-paragraph (1) applies, and the member withdrawing is the panel Chair, the admission authority must appoint (or arrange for the clerk to the appeal panel to appoint) one of the remaining members of the panel as the Chair.

Modifications etc. (not altering text)

C1Sch. 2 amendment to transitional provisions of earlier amending S.I. 2020/446 (E.) (31.1.2021) by The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2021 (S.I. 2021/14), regs. 1, 2

Appeal hearingsE+W

2.—(1) An appeal panel may decide to hold an appeal hearing using remote access provided—

(a)the parties are able to present fully their case;

(b)each participant has access to the electronic means to allow them to hear and be heard and (where using a live video link) see and be seen, throughout the appeal hearing; and

(c)the panel considers that the appeal is capable of being heard fairly and transparently.

(2) Where any of the conditions prescribed in sub-paragraph (1)(a) to (c) are not met, an appeal panel may make their decision on the appeal based on the written information submitted.

(3) Where sub-paragraph (2) applies, the appeal panel must ensure that the parties are able to present fully their case, in order for the panel to make a decision on the appeal which is fair and transparent.

Modifications etc. (not altering text)

C1Sch. 2 amendment to transitional provisions of earlier amending S.I. 2020/446 (E.) (31.1.2021) by The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2021 (S.I. 2021/14), regs. 1, 2

Time limitsE+W

3.—(1) Where the admission authority or local authority sends an admission decision the deadline for an appeal specified in that admission decision must be—

(a)at least 28 days from the date of the notification of the admission decision, and

(b)expressed by reference to a fixed date or a number of calendar days.

(2) In respect of an admission decision sent after 28th February 2020 which contains a deadline for an appeal that is not in accordance with the requirements of sub-paragraph (1)(a) or (b), the admission authority must review the existing deadline for the appeal and, where the conditions in sub-paragraph (3) are satisfied, set a new deadline for the appeal which must be—

(a)at least 28 days from the date of the notification of the new deadline, and

(b)expressed by reference to a fixed date or a number of calendar days.

(3) The conditions are that—

(a)no appeal has already been lodged in response to the admission decision,

(b)the existing deadline refers to school days, or the admission authority otherwise considers that the existing deadline is unclear in all the circumstances; and

(c)the existing deadline has not already expired.

(4) Where a new deadline has been set in accordance with sub-paragraph (2), notification of the new deadline must be sent to the recipient of the original admission decision within 28 days of 24th April 2020 or seven days from the date of an admission decision which does not comply with the requirements of sub-paragraph (1) whichever is later.

(5) The notification of the new deadline must be sent by—

(a)the admission authority where that admission authority sent the relevant admission decision, or

(b)the local authority where that authority sent the relevant admission decision on behalf of another admission authority.

(6) The requirement in sub-paragraph (5)(b) only applies once the local authority has been informed of the new deadline by the relevant admission authority.

4.—(1) The admission authority must provide appellants with at least 14 days’ written notice of an appeal hearing.

(2) The admission authority may set new or revised reasonable deadlines for—

(a)an appellant to submit additional evidence;

(b)the admission authority to submit their evidence; and

(c)the clerk to send relevant appeal papers to the appeal panel and the parties.

(3) An appeal panel must send decision letters on appeals to the parties within 7 days of the hearing, or finalisation of the determination of the appeal, wherever possible.

(4) All appeals which have been lodged, whether in time or not, must be heard and determined by an appeal panel as soon as reasonably practicable.

5.—(1) Where the governing body of a school receives a written decision to admit to the school a child to whom, at the time when the decision is made section 87(2) of SSFA 1998 applies, any appeal must be made within 21 days from—

(a)the date of notification of the decision where that date is on or after 24th April 2020; or

(b)the 24th April 2020 where—

(i)the decision was notified before 24th April 2020,

(ii)no appeal has been lodged in response to the decision before 24th April 2020, and

(iii)an existing appeal deadline relevant to the decision has not already expired before 24th April 2020.

(2) All appeal hearings to which sub-paragraph (1) applies must be held, and appeals determined, as soon as reasonably practicable.]