Regulation 6 Relevant considerations in appeals brought under sections 94 and 95 of the 1998 ActF1

England and Wales

(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

(c)

the decision was not one which a reasonable admission authority would have made in the circumstances of the case.

(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.

Annotations

Textual amendments

F1: Reg. 6 substituted (1.1.2014) by The Education (Admission Appeals Arrangements) (Wales) (Amendment) Regulations 2013 (S.I. 2013/2535), regs. 1(1), 2(3)