Catherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

828. To ask the Minister for Education and Skills if she will further consider the rejection of a section 29 appeal by a person (details supplied); if the appeal will be reviewed; and if she will make a statement on the matter. [14023/21]

Norma Foley (Kerry, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Section 7 of the Education (Admissions to Schools) Act 2018 has provided for the replacement of the existing Section 29 of the Education Act 1998 with a series of new sections numbered 29 to 29F. These new appeal provisions in sections 29 to 29F are designed to work alongside the wider admissions framework in the 2018 Act and came into operation from 12 November 2020 onwards. In accordance with section 29B of the Education Act, 1998 the Minister has also determined procedures for appeals which applied to all appeals made under section 29 of the Education Act, 1998.

As part of the new arrangements for appeals under section 29 of the Education Act, 1998 appeals are heard and examined by an independent appeals committee. Following every oral hearing the appeals committee must issue a preliminary decision with reasons for that decision. Parties to the appeal have an opportunity to submit any observations on that decision to the committee. Any observations received are considered by the appeals committee who must issue their final decision with reasons for that decision and include a direction to the board of management in cases where the appeal has been allowed.

An appeals committee’s final decision is binding on the parties and can only be challenged by either party to the appeal, by way of Judicial Review through the Courts.

This Department cannot comment on individual cases, however, I suggest that the parent/applicant contact the Section 29 Administration Unit within the Department at section29@education.gov.ie to seek an update on the status of the appeal in this case.

It may also be of some assistance to know that  Tusla Education Support Services (TESS) the Educational Welfare Service  is the legal body which can assist parents who are experiencing difficulty in securing a school placement for their child. Contact details for TESS are available at the following link www.tusla.ie/tess/get-in-touch/  or by email at tessinfo@tusla.ie.