OpenLegislation

Paragraph A1 Appeal hearingsF1F2

England and Wales

(1)

An admission authority may decide an appeal hearing must be held—

(a)

in person,

(b)

wholly through the use of remote access (“a remote appeal”), provided the conditions in sub-paragraph (4) are met, or

(c)

partly in person and partly through the use of remote access (“a hybrid appeal”), provided the conditions in sub-paragraph (4) are met.

(2)

A remote appeal may only be held entirely by live audio link if—

(a)

a live video link is not available for reasons relating to internet connectivity, and

(b)

both the appellant and presenting officer agree.

(3)

If an admission authority decides either that a remote appeal or a hybrid appeal must be held it must make all necessary arrangements for the appeal panel to have access to the necessary remote access equipment.

(4)

The conditions referred to in sub-paragraphs (1)(b) and (c) are—

(a)

the parties are able to present their case fully,

(b)

each participant has access to the electronic means to allow them to hear and be heard and (where using a live video link) see and be seen, throughout the appeal hearing, and

(c)

the admission authority considers that the appeal is capable of being heard fairly and transparently.

(5)

The admission authority may decide that an appeal will be decided on the written information submitted if either the presenting officer or the appellant are unable to attend on the date of the hearing.

Annotations

Textual amendments

F1

Sch. 2 substituted (22.4.2009) by The Education (Admission Appeals Arrangements) (Wales) (Amendment) Regulations 2009 (S.I. 2009/823), regs. 1(1), 2(3)

F2

Sch. 2 para. A1 inserted (3.5.2023) by The Education (Admission Appeals Arrangements) (Wales) (Amendment) Regulations 2023 (S.I. 2023/420), regs. 1(2), 3(5)(a)