PAPER F

 

Purpose : For Decision

 

Committee :   REGULATORY APPEALS COMMITTEE

 

Date :              11 APRIL 2003

 

Title :               APPOINTMENT TO INDEPENDENT EDUCATION APPEAL PANELS

 

REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE SERVICES

 

 

 

 


SUMMARY

 

In accordance with the Education (Admission Appeal Arrangements) (England) Regulations 2002, a pool of members must be established from which independent Appeal Panels are drawn. The Appeal Panels give consideration to appeals against the decision of the Local Education Authority to refuse a child admission to a school for which their parent has expressed a preference.  They will also be eligible to be appointed by the Diocesan Education Authorities to sit on Appeals Panels in respect of aided school appeals.  Panellists could also be appointed to hear appeals against permanent exclusion from school.  

 

In addition, new Guidance on the exclusion of pupils from schools and pupil referral units has been published by DEFRA.  This states that, with effect from 21 January 2003, membership of Appeal Panels, which hear appeals against permanent exclusion, must comprise of a person who is currently a head teacher of a maintained school or has held that position within the previous five years.

 

BACKGROUND

 

Independent Appeal Panels hear appeals brought by parents in respect of the following:

 

(a)               the decision of the Strategic Director, Education and Community Development to refuse admission of a child to an individual school;

 

(a)               a permanent exclusion of a child from a school.

 

In accordance with Regulation 3(a) and (d) and Schedule 1 to the Education (Admissions Appeal Arrangements) (England) Regulations 2002 Appeal Panels must constitute of three or five members appointed by the Local Education Authority (LEA) and comprise of at least one member from each of the following categories: people without personal experience in the management of any school or the provision of education in any school (disregarding experience as a school governor or in another voluntary capacity) and from those who have experience in education; are familiar with educational conditions in the LEA’s area; or who are parents of registered pupils at a school. 

 

The Appeals Arrangements Regulations require authorities responsible for constituting appeal panels to advertise for lay members to serve on those panels every three years.  At the beginning of the year, therefore, an advertisement was placed in the County Press for interested persons to sit on Appeal Panels.  The Chairman of the Regulatory Appeals Committee and the clerk to the Appeals Panels conducted  interviews with all the applicants and Members are now requested to appoint Mr Brian Mosdell and Mrs Eve Pollon to the pool of Lay Panel members from which the Diocesan Education Authorities may also choose to sit on Appeals relating to Aided Schools

 

At the beginning of the year head teachers of primary, middle and high schools were canvassed to ascertain those persons willing to sit on Appeal Panels constituted to hear appeals against permanent exclusion.  A number of responses were received and those head teachers attended the training session held in March 2003 for all prospective and existing panel members.

 

FINANCIAL IMPLICATIONS

 

Panel members travelling and subsistence allowances.

 

OPTIONS

 

1.                  To appoint Mr B Mosdell and Mrs E Pollen as Lay Members to the pool of members from which independent Appeals Panels may be drawn;

 

2.                  To appoint the following head teachers to the pool of members from which the independent Appeals Panels may be drawn to hear appeals against permanent exclusion:

 

Mr C Avery, Mr G Booth, Mr J Bradshaw, Mrs Y Brannan, Mr C Gorski,

Mrs M Hoather, Mr H Kirby, Mr  D Stradling,

 

3                    To confirm that the members appointed in Option 1 and 2 above as representatives from whom the Diocesan Education Authorities may also choose to appoint to Appeal Panels in respect of aided school appeals;

 

 

RECOMMENDATIONS

 

THAT Options 1, 2 and 3 be approved

 

 

BACKGROUND PAPERS

 

School Standards and Framework Act 1988 and School Admissions Code of Practice

 

Contact Point : Mrs B Herbert, F 3282

 

 

 

                                                                                  M J A FISHER

                                                            Strategic Director of Corporate Services