School admissions appeals – new temporary regulations
Under the School Standards & Framework Act 1998 and the School Admission Appeals Code (2012) parent/carers have the right to appeal against the decision made by an admission authority to refuse their child a school place. In the case of community and voluntary controlled schools the admission authority is the local authority. For voluntary aided, foundation schools, free schools and academies the admission authority is the Governing Body.
In Haringey, the majority of own admission authority schools have delegated the responsibility of arranging appeal hearings to the Local Authority.
Coronavirus (COVID-19) – impact on appeal hearings
In accordance with the requirements set out in the School Admission Appeals Code (2012), appeal panels must be held in person. However, in light of the Coronavirus outbreak, this would break the current government restrictions on gatherings of more than two people. There may also be problems securing sufficient independent panel members and partial school openings and closures may impact on meeting certain appeal deadlines.
What will happen next? – new regulatory changes
The DfE will be making regulatory changes that will relax some of the current requirements set out in the School Admission Appeals Code and enable admission authorities to proceed with admission appeals during the summer term. The new regulations will come into force on 24 April. The new regulations, which will be in force until 31 January 2021, will:
• disapply the requirement that appeals panels must be held in person and instead give flexibility for panel hearings to take place either in person, by telephone, video conference or through a paper-based appeal where all parties can make representations in writing
• relax the rules with regard to what happens if one of the three panel members withdraws (temporarily or permanently) to make it permissible for the panel to continue with and conclude the appeal as a panel of two.
• amend the deadlines relating to appeals for the time that the new regulations are in force
The DfE have been clear that they will not be relaxing any requirements on clerking. Clerks carry out a key role in relation to appeal hearings and provide advice on admissions law as well as keeping an accurate record of proceedings.
Virtual appeal hearings to be arranged by the LA
We have started forming ideas on how we can proceed with appeal hearings during the summer term. We will be contacting all panel members and appellants to establish whether they have access to the necessary equipment to enable them to participate in a hearing by telephone or video conference. If appellants are not able to participate in this way, then an appeal may be heard in their absence and decided on the written information submitted. We will update stakeholders with further details on For further information on the new regulations that will come into force on the 24 April, please visit the DfE website. The DfE will be publishing guidance to support admission authorities and local authorities in carrying out admission appeals over the coming months to provide further details on these regulations.when and how appeals will take place after the complete DfE guidance is published.
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