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

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Appeals made pursuant to section 95 of the 1998 Act

2.—(1) In this paragraph “appeal” means an appeal made under the arrangements specified 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 must 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 fifteenth school day after the day on which they are given notice under sub-paragraph (2).

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

(5) The appeal panel must 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 fifteenth school day after the day on which the notice referred to in sub-paragraph (4) is received by that authority.

(6) On an appeal the panel must 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 must be heard in private except when the local education authority direct otherwise; but —

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

(b)one member of the Council on Tribunals may attend, as an observer, any meeting of an appeal panel at which an appeal is considered.

(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 is to be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chair of the panel is to have a second or casting vote.

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

(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 school 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 are to be determined by the local education authority.

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