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

Type Welsh-Statutory-Instrument

Publication 2005-05-24

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 24 May 2005

Coming into force: 31 May 2005

In exercise of the powers conferred on the Secretary of State by sections 94(5), (5A), (5C), 95(3), (3A), (3B) and 138(7) of the Schools Standards and Framework Act 1998 , now vested in the National Assembly for Wales and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunal and Inquiries Act 1992 the National Assembly for Wales makes the following Regulations:

Title, commencement and application

1

(1) The title of these Regulations is the Education (Admission Appeals Arrangements) (Wales) Regulations 2005 and they come into force on 31 May 2005.

(2) These Regulations apply in relation to Wales.

Interpretation

2

(1) In these Regulations —

“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998.

“the 2011 Measure” (“Mesur 2011”) means the Local Government (Wales) Measure 2011;

“the admission authority” has the same meaning as in section 88(1)(a) and (b) of the 1998 Act;

“appeal hearing” (“gwrandawiad apêl”) means a hearing of an appeal for the purposes of Chapter 1 of Part 3 of the 1998 Act;

“appropriate authority” (“awdurdod priodol”) means the body or the bodies responsible for making the arrangements described in regulation 3;

“lay member”(“aelod lleyg”) has the meaning given to it by paragraphs 1(4) and 2(4) of Schedule 1;

“presenting officer” (“swyddog cyflwyno”) means a person nominated by the appropriate authority, to make oral representations to the appeal panel in relation to the appeal;

“remote access” (“mynediad o bell”) means access to an appeal hearing to enable those who are not all present together at the same place to attend or participate simultaneously in the hearing by electronic means, including by live audio link and live video link;

“School Admissions Code” (“Cod Derbyniadau Ysgol”) means any code for school admissions issued under section 84;

“school day” (“diwrnod ysgol”) has the same meaning given to it by section 579(1) of the Education Act 1996.

(2) Any reference in these Regulations to—

(a) a numbered section is a reference to that section of the 1998 Act, unless stated otherwise;

(b) a teacher includes a headteacher.

(3) A “live audio link”, in relation to a person (P) taking part in the appeal hearing, is a live telephone link or other arrangement which—

(a) enables P to hear all other persons taking part in the appeal hearing who are not in the same location as P, and

(b) enables all other persons taking part in the appeal hearing who are not in the same location as P to hear P.

(4) A “live video link”, in relation to a person (P) taking part in the appeal hearing, is a live television link or other arrangement which—

(a) enables P to see and hear all other persons taking part in the appeal hearing who are not in the same location as P, and

(b) enables all other persons taking part in the appeal hearing who are not in the same location as P to see and hear P.

Constitution of appeal panels

3

Where arrangements or joint arrangements are made by —

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

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

(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) ;

(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 is to be made to an appeal panel constituted in accordance with the relevant paragraph Schedule 1.

Duty to advertise for lay members

4

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

(2) The advertisement referred to in paragraph (1) must be published before the end of the three year period starting when the last advertisement was published by that authority for lay members of an appeal panel constituted in accordance with Schedule 24 to the 1998 Act, and thereafter in every three year period following the date upon which an advertisement (or the final advertisement of a series of advertisements) was last published by that authority in accordance with this regulation.

(3) The advertisement referred to in paragraph (1) above must —

(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;

(4) Before appointing any lay member the appropriate authority must 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 (1) indicating that they wish to be considered for such appointment.

Procedure for appeals

5

An appeal under arrangements specified in regulation 3 must be made in accordance with Schedule 2.

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 referred to in regulation 3(a) to (d), the matters to be taken into account by an appeal panel, in considering an appeal, must include—

(a) any preference expressed by the appellant; and

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

(2) The arrangements for admission referred to in paragraph (1)(b) are the arrangements published when any preference was expressed by the appellant.

(3) Consideration of the matter mentioned in paragraph (1)(b) may include consideration of whether those arrangements comply with any mandatory requirements of—

(i) a School Admissions Code, or

(ii) Part 3 of the 1998 Act.

(4) Where the decision 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 they are satisfied that one of the conditions mentioned in paragraph (5) applies.

(5) The conditions mentioned in this paragraph are—

(a) the child would have been offered a place if the schools admission arrangements had complied with the requirements of—

(i) a School Admissions Code, or

(ii) Part 3 of the 1998 Act;

(b) the child would have been offered a place if the school’s admission arrangements had been properly implemented; or

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

(a) the reasons for the local 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.

(7) In this regulation, “preference” (“hoff ddewis”) means a preference expressed in accordance with arrangements made under section 86(1) or section 86A(1), in relation to the school year 2013-2014, and subsequent schools years.

Payment of allowances

7

(1) This regulation applies to any member of an appeal panel constituted in accordance with any of the paragraphs of Schedule 1.

(2) The relevant local authority may pay to a member referred to in paragraph (1) allowances for—

(a) financial loss;

(b) travel; and

(3) The allowances referred to in paragraph (2) are to be at the most recent rates set out for payments to members of a community and town council in a report (“the report”) by the Independent Remuneration Panel for Wales issued under Part 8 of the 2011 Measure (members: payments and pensions).

(4) Any reference in the report to an approved duty is to be read as including a reference to attendance at a meeting of an appeal panel.

Indemnity

8

(1) The appropriate authority must indemnify the members of any appeal panel constituted for the purposes of the arrangements which it has made, as specified in regulation 3, 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) is to 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.

SCHEDULE 1 — CONSTITUTION OF APPEAL PANELS

Arrangements made by a local education authority

1

(1) Where the arrangements are those specified in regulation 3(a), an appeal panel is to consist of three or five members appointed by a local education authority from —

(a) persons who are eligible to be lay members; and

(b) persons who have experience in education or who are acquainted with educational conditions in the area of the authority; or

(2) Of the members of an appeal panel —

(a) at least one must be a person who is eligible to be a lay member and is appointed as such; and

(b) at least one must be a person falling within sub-paragraph (1)(b) or (1)(c).

(3) The local education authority must appoint one member of the panel to act as chair.

(4) For the purposes of this paragraph a person is eligible to be a lay member if he or she is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity).

(5) Sufficient persons may be appointed by the authority under this paragraph to enable two or more appeal panels to sit at the same time.

(6) No person is to be a member of an appeal panel if he or she is disqualified by virtue of sub-paragraph (7).

(7) The following persons are disqualified from membership of an appeal panel —

(a) any member of the authority or governing body of the school in question;

(b) any person employed by the authority or the governing body or governing bodies, other than a person employed as a teacher;

(i) the authority or the school, or

(ii) any person within paragraph (b)

of a kind which might reasonably be taken to raise doubts about his or her ability to act impartially in relation to the authority or the school.

(8) A person employed as a teacher by the authority is not to be taken, by reason only of that employment, to have such a connection with the authority as is mentioned in sub-paragraph (7)(c).

(9) A person is not to be a member of an appeal panel for the consideration of an appeal against a decision if he or she was among those who made the decision or took part in discussions as to whether the decision should be made.

(10) A person who is a teacher at a school is not to be a member of an appeal panel for the consideration of an appeal involving a question whether a child is to be admitted to that school.

(11) Where, at any time after an appeal panel has begun to consider an appeal, any of the members —

(a) dies; or

(b) becomes unable through illness to continue as a member; or

(c) becomes unable to continue as a member because doubts may reasonably be raised about his or her ability to act impartially,

the panel may continue with their consideration and determination of the appeal so long as the number of remaining members is not less than three and the requirements of sub-paragraph (2) above are satisfied.

Arrangements made by a governing body

2

(1) Where the arrangements are those specified in regulation 3(b), a panel is to consist of three or five members appointed by the governing body from —

(a) persons who are eligible to be lay members; and

(b) persons who have experience in education or who are acquainted with educational conditions in the area of the authority; or

(2) Of the members of an appeal panel —

(a) at least one must be a person who is eligible to be a lay member and is appointed as such; and

(b) at least one must be a person falling within sub-paragraph (1)(b) or (1)(c).

(3) The governing body must appoint one member of the panel to act as chair.

(4) For the purposes of this paragraph a person is eligible to be a lay member if he or she is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity).

(5) Sufficient persons may be appointed by the governing body under this paragraph to enable two or more appeal panels to sit at the same time.

(6) No person is to be a member of an appeal panel if he or she is disqualified by virtue of sub-paragraph (7).

(7) The following persons are disqualified from membership of an appeal panel —

(a) any member of the local education authority by whom the school is maintained or of the governing body;

(b) any person employed by the authority or the governing body, other than a person employed as a teacher;

(i) the authority or the school, or

(ii) any person within paragraph (b),

of a kind which might reasonably be taken to raise doubts about his or her ability to act impartially in relation to the authority or the school.

(8) A person employed as a teacher by the authority is not be taken, by reason only of that employment, to have such a connection with the authority as is mentioned in sub-paragraph (7)(c).

(9) A person who is a teacher at a school is not to be a member of an appeal panel for the consideration of an appeal involving a question whether a child is to be admitted to that school.

(10) Where, at any time after an appeal panel has begun to consider an appeal, any of the members —

(a) dies; or

(b) becomes unable through illness to continue as a member; or

(c) becomes unable to continue as a member because doubts may reasonably be raised about his or her ability to act impartially,

Joint arrangements by two or more governing bodies

3

(1) Where arrangements are those specified in regulation 3(c), paragraph 2 of this Schedule is to apply as if—

(a) (except in sub-paragraph (7)) any reference to the governing body were a reference to the governing bodies of both or all the schools; and

(b) in sub-paragraph (7), any reference to the governing body of the school in question or to that school were a reference to any of those governing bodies or to any of those schools.

Joint arrangements by a local education authority and one or more governing body

4

Where the arrangements are those specified in regulation 3(d), paragraph 1 of this Schedule is to apply in relation to those arrangements as it applies in relation to arrangements made by a local education authority such as are referred to in regulation 3(a) but as if in sub-paragraph (7) any reference to the governing body of the school in question or to that school were a reference to the governing body of any school to which the arrangements relate or to any such school.

Appeals by a governing body under section 95

5

(1) Subject to sub-paragraph (2), where the arrangements are those specified in regulation 3(e), paragraph 1 of this Schedule is to have effect as it has effect where the arrangements are those specified in regulation 3(a).

(2) A person is not to be a member of an appeal panel for the consideration of an appeal under section 95(2) if he or she has to any extent been involved in any previous consideration of the question whether the child in question should or should not be reinstated at any school from which he or she has at any time been permanently excluded, or in any previous appeal relating to the child under section 95(2).

SCHEDULE 2 — PROCEDURE ON APPEAL

Appeals made pursuant to section 94

1

(1) In this paragraph—

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

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