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PostPosted: Wed Apr 29, 2020 4:20 pm 
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The new temporary regulations have been approved and came into force on 24th April.

Further below are some of the key points in the DfE guidance that may be of particular interest to appellants - summarised as follows:
      (1) Admission Authorities remain responsible for the arrangements, and should clearly set out how their appeals will be organised
      (2) At least 14 calendar days’ written notice of an appeal hearing
      (3) Deadline for submitting evidence
      (4) The appeal panel can decide to hold the hearing remotely if .......
      (5) Clerk should contact appellants as soon as possible to explain arrangements for appeals and to establish whether they have access to the necessary equipment for telephone or video conference
      (6) Process for written submissions only

(The numbers in brackets have been added for ease of reference - they do not appear in the original text.)

Quote:
(1) Admission authorities remain responsible for making arrangements for appeals against the refusal of a place at their school. They will need to review any arrangements they have already put in place to ensure they comply with the temporary regulations.

Admission authorities should clearly set out for all parties to an appeal how the appeals process will be carried out, including how appeals will be conducted and the expected timescales for each part of the process.

Quote:
(2) The temporary regulations require that appellants must be given at least 14 calendar days’ written notice of an appeal hearing

Quote:
(3) The temporary regulations mean that admission authorities may set new or revised reasonable deadlines relating to the parties submitting evidence and for the clerk to send the relevant appeal papers to the appeal panel and parties. These deadlines may be set on a case by case basis and can take account of the circumstances of each appeal case. It is recommended that all parties are notified of new deadlines as soon as is reasonably possible.

Quote:
(4) The appeal panel can decide to hold the hearing remotely if they are satisfied that:
      • the parties will be able to present their cases fully
      • each participant has access to video or telephone facilities allowing them to engage in the hearing at all time
      • the appeal hearing is capable of being heard fairly and transparently in this way
Where these conditions cannot be met, the temporary regulations allow an appeal panel to make their decision on the basis of written information submitted only. In order for the panel to make a decision which is fair and transparent, they must ensure that the parties are able to fully present their case by way of written submissions.

Quote:
(5) It is recommended that the clerk contacts appellants as soon as possible to explain the new, temporary arrangements for appeals 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.

Quote:
(6) Making a decision on an appeal based on written submissions only

The following process may be used to decide an appeal on the basis of written submissions only, however admission authorities and appeal panels must exercise their own judgement in the circumstances of any particular appeal being considered. This is to determine that the approach ensures the parties are able to fully present their case and allow the panel to make a decision which is fair and transparent.

      1. The clerk should contact the appellant and presenting officer, in line with the amended timetable. The presenting officer should be provided with a copy of the appeal lodged and asked to submit the admission authority’s arguments and evidence; the appellant should be given the chance to submit additional evidence if they wish. All submissions should be in writing – preferably by email but, where this is not possible, by post.

      2. The panel and clerk should meet by telephone or video conference to consider the submissions and formulate questions for the appellant and presenting officer. The aim should be to clarify points made and solicit further relevant information. They 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.

      3. The clerk should send the questions and all the papers to each of the parties, for example, the presenting officer’s submission will be sent to the appellant along with both sets of questions, and vice versa.

      4. Both parties should reply with answers to the questions, and any further points they wish to make. On receipt, the clerk should send each party’s submission to the other party. The parties should be informed that any information or evidence not submitted by any relevant deadline set for submitting evidence might not be considered in the appeal panel’s decision.

      5. The panel should meet by telephone or video conference, with the clerk, to consider all the information and reach a decision in the same way as prescribed in the Appeals Code.


https://www.gov.uk/government/publicati ... s-outbreak

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