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

Relevant considerations in appeals brought under sections 94 and 95 of the 1998 Act

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

(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 may determine that a place is to be offered to the child only if the panel is 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 specified in regulation 3(e), an appeal panel in considering an appeal must 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.

(1)

S.I. 1994/1303. Section 92 was substituted by paragraph 7 of Schedule 4 to the Education Act 2002.