Explanatory note
(This note is not part of the Regulations)
These Regulations prescribe matters relating to appeals brought under sections 94 and 95 of the School Standards and Framework Act 1998, as amended by the Education Act 2002. Under section 94 arrangements are to be made by whichever of the local education authority or the governing body are the admission authority for a community, foundation or voluntary school enabling parents to appeal against school admission decisions, including decisions refusing permission to children already admitted to a school to enter the school’s sixth form. Under section 95 arrangements are to be made by the local education authority enabling the governing body of a community or voluntary controlled school to appeal against the authority’s decision to admit a child who, at the time decision was made, has twice been permanently excluded from a school.
These Regulations prescribe the following—
the manner in which an appeal panel is to be constituted according to whether the arrangements are made by a local education authority, a governing body or jointly by two or more governing bodies, or by the local education authority and one or more governing bodies (regulation 3 and Schedule 1);
an admission authority’s duty to advertise for lay members (regulation 4); in consequence the Education (Lay Members of Appeal Committees) Regulations 1994 are revoked insofar as they relate to admission appeal panels.
the procedure an appeal panel are to adopt in hearing appeals (regulation 5 and Schedule 2);
relevant considerations which an appeal panel are to take into account when hearing an appeal (regulation 6);
the payment of allowances to appeal panel members by the body or bodies responsible for making the arrangements in respect of financial loss, and travel and subsistence expenses (regulation 7);
the duty of the body or bodies responsible for making the arrangements to indemnify appeal panel members against expenses or legal costs incurred in respect of any decision they make (regulation 8).