Home >> Publications >> Annual and Special Reports >> School Admission and Exclusion Appeal Panels >> Part 1: Introduction
Part 1: Introduction
The Council on Tribunals
1.1 The Council on Tribunals is an independent advisory body which was established in 1958 by Act of Parliament following the publication of the Franks Report on Administrative Tribunals and Enquiries [Cmnd. 218]. Our functions are set out in the Tribunals and Inquiries Act 1992 (as amended), and include keeping under review the constitution and working of a large number of tribunals under our supervision (currently around 90 different systems) and, from time to time, reporting on their constitution and working. Government Departments are also obliged statutorily to consult us on proposals concerning the procedural rules of the tribunals under our supervision.
1.2 An important aspect of keeping the working of tribunals under review is our programme of visits to tribunal hearings. This enables us to observe at first-hand how tribunal procedures operate in practice and to note the variations in the operation of the wide range of tribunal systems we supervise. It also provides us with the opportunity to discuss relevant issues with tribunal Chairs, members and clerks. We also attend post-hearing deliberations.
1.3 In the past year, we have increased our programme of visits to admission and exclusion appeal hearings, to the extent that we have devoted almost a quarter of our entire visits programme to observing how these panels operate. This has enabled us to re-examine some long-standing views about the panels, and to identify some new issues, particularly in respect of the impact of school admissions arrangements on the operation of admission panels, and concerns about the panels serving foundation and voluntary-aided schools. In reporting our views, we have included appropriate extracts from our visit reports in order to highlight particular issues.
1.4 As part of our information gathering exercise, we have also had useful meetings with other interested parties in this area, including staff from the Local Government Ombudsman's office, representatives from the training organisation, ISCG Information for Schools and College Governors, and academic researchers from Sheffield Hallam University, who have recently completed a study of admission appeal panels on behalf of the Department.
1.5 Whilst this Report was being prepared, the Department was consulting on draft regulations and new guidance affecting the admission and exclusion appeal panels in England, which came into effect as publication of the Report was being finalised. The relevant sections of the Report have been annotated accordingly.
The Purpose of this Report
1.6 This Report examines the operation of school admission and exclusion appeal panels in England and Wales and highlights where improvements have taken place, and those areas where we see scope for further improvement. The purpose of the Report is to draw together the findings from our recent visits to hearings of school admission and exclusion appeal panels, and, in particular, from the additional visits we have made in the past year. The operation of the panels has gone through a period of considerable change in recent years, particularly following the enactment of the School Standards and Framework Act 1998. Since that time, we have paid close attention to the impact of the legislative changes and other initiatives affecting the operation of these panels, introduced by the Department for Education and Skills.
1.7 Whilst there are many common themes in our findings on admission and exclusion panels, the Report deals with each of them separately, in recognition of the fact that they are quite separate statutory bodies, which operate under their own distinct legislative provisions and procedures. Chapter 4 on Training, however, covers both panels since our concerns are broadly the same.
Framework of Standards for Tribunals
1.8 During the past year, we have published the Council's Framework of Standards for Tribunals, which is reproduced at Appendix A. It is intended that the Standards Framework should serve not only as a tool for us in overseeing the constitution and working of tribunals, and providing feedback to them, but also for tribunal systems and their sponsoring Departments, to assist them in reviewing their own operation.
1.9 The 6 key principles of the Framework of Standards are that tribunals should:
- be independent
- provide open, fair and impartial hearings
- be accessible to users
- focus on the needs of users
- offer cost effective procedures
- be properly resourced and organised.
1.10 In producing this Report, we have had particular regard to these principles in assessing the operation of admission and exclusion appeal panels.
Framework of this Report
1.11 In Part 2 we set out our findings and recommendations in respect of admission appeal panels, based on the findings from our programme of visits to observe panel hearings.
1.12 In Part 3 we set out our findings and recommendations in respect of exclusion appeal panels, based on the findings from our programme of visits to observe panel hearings.
1.13 In Part 4 we pay particular attention to the important issue of training for both panels, since this is, in our view, one of the key components in the effective operation of the tribunal systems under our jurisdiction.
1.14 At Appendix B we set out all the recommendations made within Parts 2 to 4 of the Report.
1.15 We invite those responsible for the policy for these panels, and their operation, to consider carefully the views and recommendations in this Report. We would, of course, welcome a formal response to our findings and recommendations from the Department for Education and Skills, which we would be pleased to publish on our website alongside this Report.
|