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

Remote hearings

Where an appeal is held remotely, 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

Appeals conducted by video or telephone conference

Use of video conferencing has become ubiquitous within society following the pandemic. While the amendments to the 1982 Regulations do not specify the means through which remote hearings are held, we note that the use of video-conferencing will be the preference for many appellants over telephone conferencing  and therefore expect video-conferencing to be the default remote means that is used by appeal committees for appeal hearings.

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.

Although not a statutory requirement, local authorities are encouraged to support appellants who may face barriers to remote participation for example, due to lack of access to suitable technology or a private location with stable internet. In such instances, it is desirable for local authorities to consider practical support such as:

• providing loan devices (e.g. tablets or laptops) where feasible
• offering a suitable location (e.g. a council building or library) where the appellant can participate in the hearing remotely in a quiet and confidential setting
• providing clear guidance on how to access and use the online platform used for hearings (e.g. joining instructions or user guides) to help appellants feel confident with the technology

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.

When holding a combined hearing, the format should be determined based on the preferences of all appellants involved. If all appellants choose the same format (in-person or remote), that format may be used. If there is a mix of preferences, a hybrid format should be used: all panel members must attend in person, while appellants can participate either in person or remotely depending on their preference.

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.

In making a decision on an appeal based on written submissions only, appeal committees must exercise their judgement in relation to the circumstances of any particular appeal being considered. This is to determine that the approach ensures the parties are able to fully and effectively present their case and allows the committee to make a decision which is fair and transparent.

Appeal committees may wish to consider incorporating the following principles when developing a process based solely on written submissions

• written submissions should be provided to the appeal committee preferably by email but, where this is not possible, by post
• clear deadlines should be set for both parties to submit their arguments and evidence
• copies of submissions/appeals should be sent to both parties, and they should be given the opportunity to comment/respond to points that are made within set deadlines
• committees should bear in mind that appellants, in particular, may be less familiar with the kind of information and arguments that are required, and may have less experience preparing written submissions