Education Act 1998

F55 [ Miscellaneous provisions in relation to appeals under section 29

29F

29F. ... ]

Annotations:

Amendments:

F55

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):

C12

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).

F55 [ 29F. (1) An appeals committee shall refuse to hear or determine, or refuse to continue to hear or determine, an appeal under section 29 where

( a ) it is of the opinion that the appeal is vexatious, frivolous, an abuse of process or without substance or foundation,

( b ) in relation to an appeal under section 29(1)(a) , (b) or (c)(ii) it is satisfied, having regard to the grounds of the appeal and any attempts to facilitate agreement between the parties and any subsequent steps taken by the parties that, in the particular circumstances, the appeal should not be considered or further considered,

( c ) an appeal has not been made within the period specified in procedures under section 29B ,

( d ) an applicant has failed to provide information requested in accordance with procedures under section 29B ,

(e) in relation to an appeal under section 29(1)(c)(i) or (ii) , the grounds for an appeal relate to section 3 , 7 or 7A of the Equal Status Act 2000 , or

( f ) in relation to an appeal under section 29(1)(c)(i)

(i) an appeals committee is of the opinion that the grounds relied upon by the applicant did not have a material effect on the outcome of the application for admission,

(ii) an appeal is based on information that was not made available in the application for admission, or

(iii) the applicant did not request a review by the board of the decision to refuse admission.

(2) An appeals committee shall, by notice in writing, inform the Minister where it decides in accordance with subsection (1) to refuse to hear or determine, or to refuse to continue to hear or determine, an appeal under section 29 .

(3) A notice under subsection (2) shall include the committee s reasons for refusing to hear or determine, or refusing to continue to hear or determine, the appeal concerned.

(4) The Minister shall, as soon as practicable after he or she receives a notice under subsection (2) , forward the applicant and the board a copy of the decision of the appeals committee and the reasons for its decision.

(5) An applicant may, after receiving a copy of a decision under subsection (4) , request the Minister to review the decision.

(6) Where the Minister receives a request under subsection (5) he or she shall, as soon as practicable and subject to subsection (7) , appoint a member of an appeals panel established under section 29A to review the decision.

(7) A person appointed under subsection (6) shall not have been a member of the appeals committee that made the decision in relation to the request concerned.

(8) A person appointed under subsection (6) shall review the decision in accordance with procedures under section 29B and, following the review shall make a recommendation to the Minister

( a ) that the decision of the appeals committee is upheld, or

( b ) that the decision of the appeals committee is set aside.

(9) Where the Minister receives a recommendation under subsection (8)(b) , he or she shall set aside the decision and direct the appeals committee to proceed to hear or determine, or continue to hear and determine, the appeal concerned.

(10) Subject to subsection (1) , where an issue relating to a decision to refuse a student admission to a school or permanently exclude a student from a school would be capable of being the subject of

( a ) an appeal under section 29 , and

( b ) a designation under section 67 (inserted by section 9 of the Act of 2018),

then an appeal under section 29 and a designation under section 67 may not, in respect of the same student, be made at the same time.

(11) Where an appeal under section 29 has been unsuccessful in respect of a student, nothing in subsection (10) shall preclude a designation being made under section 67 in respect of the same student.

(12) An appeals committee may draw such inferences as it considers appropriate as a result of any failure of a party to an appeal to provide any information required or requested in accordance with procedures under section 29B . ]