Coronavirus (COVID-19): school placing requests and appeal hearings - guidance for local authorities

Appeal hearings procedures

The requirements regarding the procedural arrangements for the hearing that are set out in regulation 11 of the 1982 Regulations should be complied with. They are:

• presentation of case for the education authority
• questioning by the appellant
• presentation of case for the appellant
• questioning by the education authority
• summing up by the authority
• summing up by the appellant

The 2020 amendments to the 1982 Regulations provide additional flexibility in how appeal hearings can be conducted and allow for:

• appeal hearings to be conducted remotely (that is, by telephone or video conference)
• appeals to be determined on the basis of written submissions only where all parties agree

In line with these amendments, which remain in place, appeal committees may offer appellants a hearing by telephone or video conference.

Appeal committees should be satisfied that:

• each participant has access to video or telephone facilities allowing them to engage in the hearing at all times
• the parties will be able to present their cases fully
• the appeal is capable of being heard fairly and transparently

​​​​​​​It is recommended that the appeal committee contact appellants as soon as possible to explain the arrangements for remote hearings, if applicable, and to establish whether they have access to the necessary equipment for telephone or video conference. Where possible, the clerk should contact the appellant by telephone.

The 2020 amendments to the 1982 Regulations also allow an appeal committee to make their decision on the basis of submitted written information only, subject to the agreement of all parties. In order for the committee to make a decision on the appeal, which is fair and transparent, they must be satisfied that the parties are able to fully and effectively present their case by way of written submissions.

Appeals conducted by telephone or video conference

It should be noted that appeal hearings should only take place through video conference if that meets the needs of the appellant. Education authorities should consider every appellant’s individual circumstances, for example, those with learning difficulties, those without access to reliable broadband or a home environment conducive to participating in such hearings, and those who may not feel as comfortable, or be used to, participating via video link.

It is recommended that appeal committees consider the security of the remote access platforms they are using. They should read the privacy terms and conditions and ensure that, where possible, they enable any security features. If they have any concerns, they should consult their IT provider or staff for support.

Where appeals are to be heard by telephone or video conference, it is important to ensure that all committee members have, or can be provided with, the necessary equipment and facilities.

The appellant retains the right to be represented at a remote access hearing. The appellant also has the right to be accompanied by not more than three friends, which number shall include the person (if any appointed) to represent the appellant.

Appeal committees must comply with their duties under the Equality Act 2010 when conducting remote access appeals, including when considering an appellant’s attendance and representation at the hearing. This includes a duty to consider any reasonable adjustments that may be needed. It is recommended that the clerk ensures that any decisions taken in relation to reasonable adjustments are recorded as part of the appeal record and confirmed with the appellant in writing prior to the appeal hearing.

The chair should ensure the remote access appeal hearing is held in private and that all the parties can hear everything that is said and have an equal chance to participate. It is recommended that appeal committees bear in mind that appellants may be less familiar with this kind of meeting. There needs to be a clear understanding regarding how a record of the discussion will be kept.

Combined hearings

Combined hearings remain a possible option for (a) placing request appeals at the same stage of education at the same school and where the appeal committee regards that the grounds for refusing the placing requests are substantially the same; and (b) exclusion appeals where all the decisions relate to the same school, have been made at the same time and the appeal committee regards the decisions have been made for substantially the same reasons. It is an option to hold combined hearings by remote means if appropriate.

Appeals decided on the basis of the written submissions only

With agreement of all parties, an appeal may be decided on the basis of written submissions only, and if this is proposed, appeal committees should set out a clear process for such appeals. ​​​​​​​

The procedures relevant to appeal hearings in regulation 11 of the 1982 Regulations must be applied as far as reasonably practicable to appeals decided on the basis of written submissions only. However, those procedures may be modified in order that they can be applied to such appeals.