Section 29 appeals

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For Oral Answer on : 29/06/2023
Question Number(s): 119 Question Reference(s): 31510/23
Department: Education
Asked by: David Stanton T.D.
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QUESTION

To ask the Minister for Education the number of appeals made under section 29 of the Education Act 1998 to the Secretary General of her Department in 2021 and 2022, respectively and to date in 2023; the number of these appeals in each category; the number of cases each year to which an appeals committee was appointed; the further number of these appeals where a hearing was conducted; the final number of these appeals that were upheld; and if she will make a statement on the matter.

REPLY

Section 29 of the Education Act 1998 as inserted by section 7 of the Education (Admissions to schools) Act 2018 provides for an appeal, where a board of management, or a person acting on behalf of the board of management (normally the school principal) refuses to admit a student to a school, suspends a student for not less than 20 days or permanently excludes a student.

Section 29 D of this legislation provides for an oral hearing to be provided in circumstances where the appeal taken relates to a suspension of not less than 20 days, a permanent exclusion and a refusal to enrol decision that is for reasons other than oversubscription.

Section 29 E of the legislation provides that any appeal taken in respect of refused enrolment due to oversubscription, will be considered without an oral hearing.

Each appeal type, both oral and paper based is considered and determined by a three person appeal committee, appointed by me, as Minister, in accordance with section 29 A(1) of the Act.

Within each appeal type these is a provision for the hearing committee to allow or disallow or refuse to hear or determine the appeal before them. Section 29D, E and F outline the considerations that the appeals committee must make in determining each appeal. An appeal committee of three persons is appointed to consider each appeal.

The attached table provides details of appeals taken since 12th November 2020, the date section 7 of the Education (Admissions to schools) Act 2018 was commenced.