Education Act 1998

F52 [ Review by board of decision to refuse admission

29C

29C. ... ]

Annotations:

Amendments:

F52

Inserted by Education (Admission to Schools) Act 2018 (14/2018), s. 7(2), not commenced as of date of revision, subject to transitional provision in subs. (3).

Modifications (not altering text):

C9

Prospective affecting provision: section inserted by Education (Admission to Schools) Act 2018 (14/2018), s. 7(2), not commenced as of date of revision, subject to transitional provision in subs. (3).

F52 [ 29C. (1) Subject to subsection (2) and prior to making an appeal under section 29(1)(c) , an applicant

( a ) shall, in the case of an appeal under section 29(1)(c)(i) , and

( b ) may, in the case of an appeal under section 29(1)(c)(ii) ,

within such period as may be determined by the Minister, request in writing a review by the board of the decision to refuse admission.

(2) A request under subsection (1) shall

( a ) be based on the implementation of the school s admission policy and the content of its annual admission notice, and

( b ) set out the grounds of the request.

(3) Where, following a request under subsection (1)

( a ) the request for a review has not been made within the period determined by the Minister, or

( b ) where the request results from the refusal to admit a student to the school because the school was oversubscribed and

(i) the applicant is relying on information that was not made available in the application for admission, or

(ii) the board considers that the grounds relied upon in the application for review did not have a material effect on the outcome of the application for admission,

the board shall notify the applicant that it is not in a position to review the decision to refuse admission and the reasons therefor.

(4) Subject to subsection (3) , a board shall, following a request under subsection (1) , within such period as may be determined by the Minister, review the decision to refuse admission having regard to the grounds set out in the request for review.

(5) Following a review under subsection (4) the board shall issue the applicant with

( a ) a statement confirming that there was no failure or error in making the decision to refuse admission, or

( b ) a statement confirming

(i) that a failure or error occurred in making the decision to refuse admission, and

(ii) whether or not such failure or error had a material effect on the outcome of the application.

(6) Where a board issues a statement under subsection (5)(b) and the failure or error concerned had a material effect on the outcome of the application for admission, the board shall rectify that failure or error

( a ) where the failure or error related to the admission of a student to a school or special class, by admitting the student to the school or special class concerned, or

( b ) where the failure or error related to a student s ranking on the waiting list, by adjusting the ranking of the student on the waiting list.

(7) In this section and section 29E waiting list means, in relation to a school, the waiting list compiled in accordance with section 62(7)(i) by the school concerned. ]