Written answers
Wednesday, 19 June 2024
Department of Education and Skills
Legislative Measures
Thomas Pringle (Donegal, Independent)
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45. To ask the Minister for Education and Skills the total number of section 29 appeals under the Education Act 1998 taken in 2023; a breakdown of the total number admissible/inadmissible; the number upheld/rejected; and any balance withdrawn or still under review, in tabular form. [26433/24]
Thomas Pringle (Donegal, Independent)
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46. To ask the Minister for Education and Skills the total number of persons currently eligible to serve on section 29 appeals panels (of the Education Act 1998); the nature of their appointment; the eligibility for appointment; their term of office; whether such appointments are publicly advertised and the relevant fees/expenses; and if she will make a statement on the matter. [26434/24]
Norma Foley (Kerry, Fianna Fail)
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I propose to take Questions Nos. 45 and 46 together.
As both questions from the Deputy are in relation to a similar topic related to Section 29 Appeals, I will combine the two questions and issue one reply that addresses both questions.
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.
Within each appeal type, there is a provision for the hearing committee to allow or disallow or refuse to hear or determine the appeal before them. Section 29 F (1) sets out the circumstances that allow a committee to refuse to determine an appeal in the following but not limited to the following circumstances:
- It is of the opinion of the committee that the appeal is vexatious, frivolous an abuse of process or without substance or foundation
- An appeal has not been made within the period specified in procedures under Section 29B
- An applicant has failed to provide information in accordance with procedures under Section 29B
The breakdown of the total number of appeals received under Section 29 for the relevant year is as follows:
| Appeals Received | 2023 |
|---|---|
| Expulsion | 91 |
| Suspension | 8 |
| Oversubscription | 258 |
| Reasons other than Oversubscription | 28 |
| Total | 385 |
| Appeal Outcomes | 2023 |
| Allowed | 42 |
| Disallowed | 177 |
| *Refuse to Determine | 108 |
| Appeals withdrawn | 58 |
| Total | 385 |
| *Following Refusal to Determine | 2023 |
| No review requested | 86 |
| Appeals upheld | 22 |
| Appeals set aside | 0 |
| 108 |
A committee of three members drawn from the Section 29 Appeals Committee Panel are appointed to hear each appeal. Each Appeals committee is made up of a chairperson and two other members (“Appeals Committee”). The Appeals Committee has experience and knowledge of the education sector and is independent and impartial in carrying out its functions.
Section 29A (2) provides that a member of an appeals panel shall be appointed to the panel for such period as the Minister may determine and may be at any time be removed from the panel for stated reasons and “ shall be independent and impartial in carrying out his or her functions.”
In order to be able to make decisions regarding Section 29 appeals, committee members must have experience within the education system at a school leadership or policy level.
There are currently 37 persons on the Section 29 Appeals Committee Panel, and these are appointed by the Minister of Education for a period of 3 years. The majority of committee members are retired teachers, principals or retired inspectors and all have considerable expertise in the field of education.
The Department receives expressions of interest on an ongoing basis from retiring teachers, principals and inspectors to join the panel. As the need arises, additional members are appointed by the Minister to this panel, to replace retiring members and to take account of the volume of appeals.
Committee members receive remuneration for their work at an agreed hourly rate as approved by the Department of Public Expenditure NDP Delivery and Reform, along with travel and subsistence payments for attending an oral hearing in line with Civil Service rates. The hourly rate for the Chairperson is €30 per hour and the hourly rate for an ordinary committee member is €25 per hour.
Serving primary and post-primary Inspectors can also be appointed to the panel. Serving Inspectors do not receive additional remuneration above their normal salary, other than travel and subsistence for attending an oral hearing.
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