Remote technology in school admission and exclusion appeal hearings: consultation

Potential barriers arising from use of remote means in appeal hearings

Stakeholders acknowledged the risk of digital exclusion for those without access to suitable IT/broadband connection and suggested that use of remote means remain optional. Scottish Government guidance for Education Authorities on how they conduct remote appeal hearings has also emphasised the importance of appeal committees’ responsibilities under the Equality Act 2010 to ensure that the needs of participants are taken into account when conducting appeal via remote means. You can find this guidance here: Appeal hearings procedures - Coronavirus (COVID-19): school placing requests and appeal hearings - guidance for local authorities - gov.scot (www.gov.scot)

Consent to use of remote means in appeal hearings

The current regulations only require the consent of all parties in relation to wholly written appeals. If the ability to use remote means is retained permanently, we believe it is important that parents who wish to present their case in-person can continue to do so. Therefore, we are of the view that the use of remote means should be used where all parties agree. We remain committed to in-person appeal hearings and parents should retain the right to an in-person hearing if they wish. The purpose of the proposed changes is to give all parties greater flexibility in how appeal hearings are conducted.

Purpose of the consultation

Through this consultation, we hope to gather more evidence on the direct views of parents and children and young people about these arrangements as well as other interested stakeholders. A number of stakeholders have requested that the flexibility to use remote means for appeal hearings is retained and made permanent. We are therefore consulting on whether to retain the option of holding appeal hearings remotely, and if so, any other amendments that need to be made to how this would work in practice. We are seeking views on making in-person appeal hearings the default with remote hearings an option if all parties agree. It would be our intention to bring these changes into force in time for the spring 2025 school admissions round.

This consultation is limited, and we are only seeking views on these proposed changes to remote access to appeal hearings and not on any wider issues in relation to school admission appeals.