Scottish Government Consultation – Placing Request Appeals

Question 1

Do you agree with the proposal that the use of remote means for appeal hearings should remain?

A: Strongly agree 

Please give reasons for your answer.

East Dunbartonshire Council (“the Council”) is of the view that the use of remote means for appeals hearings should remain. This response largely focusses on issues in relation to placing request appeals (which by far constitute the majority of appeal hearings conducted by the Council) but similar issues also arise in relation to exclusion appeals.

The Council is a successful education authority in terms of attainment and positive destinations for school leavers and, as such, deals with a high number of placing request appeals every year, particularly relative to its size. For the academic year 2023/24 the Council received 1,743 Placing Requests, of which 734 were granted by the Education Authority. Of the remaining 1009, 169 were heard by the Education Appeals Committee. For the academic year 2022/23, the Council received 908 placing requests. 67 of these requests were either cancelled or declined when a suitable place was offered. 498 were granted by the education authority with 77 proceeding to the Education Appeals Committee. For the academic year 2021/2022, 919 placing requests were received with 444 granted by the Education Authority.

177 were appealed to the Education Appeals Committee.

To comply with statutory timescales and to provide parents/carers with certainty in advance of each academic year, the majority of appeals take place within a concentrated period in June each year. However, the Council also receives a number of mid-term placing requests and subsequent appeals which require to be dealt with throughout the academic year. The Council expects that numbers for 2024/25 will again be significant.

The introduction of the use of remote means for appeal hearings in response to the Covid-19 pandemic was welcomed by the Council and contributes to the effective administration of appeals. Post pandemic, and in light of the Council’s positive experience of conducting remote hearings, it has continued this practice. The experience of the Council is that the introduction of remote hearings has allowed hearings to be conducted in a more efficient way (for parents/carers and/or representatives and the Council) and has led to increased participation by parents/carers. Requiring personal attendance (or representation) is considered to be a barrier to some parents/carers participating in appeals for a number of reasons, including the requirement to travel, employment commitments or other caring responsibilities. The use of remote means allows parents/carers to take part in a hearing without taking time off work, arranging childcare or travelling to a hearing which may be some distance away. The relative informality of proceedings conducted by remote means allows parents/carers to effectively present their case.

The previous experience of the Council is that when hearings were previously set down to be conducted in person, a number of hearings were not attended by parents/carers. As a result, hearings were cancelled on the day of the hearing which impacted on the efficient progress of the appeals. More parents/carers attend remote hearings and in particular benefit from the communal part of the combined hearings (see further below). The Council is firmly of the view that opportunities to effectively participate in appeals are maximised through the use of remote means.

It is of note that since remote hearings have been introduced, the Council has not received any requests from parents/carers to attend a hearing in person. If such a request was considered appropriate by way of a reasonable adjustment in terms of the Equality Act 2010 this would of course be accommodated. In addition, the Council would make any other accommodations which were considered necessary in particular circumstances (see further below).

The Council recognises that different factors may apply within other local authorities and, provided the ability to conduct remote hearings is maintained, the Council would be supportive of authorities having flexibility to determine the means by which appeals hearings can be conducted at local level, having regard to local needs and circumstances.

Question 2

Do you agree that video conferencing should be the default option and telephone conferencing, or wholly written means be used only where it is not possible to use video-conferencing?

A: Mostly agree

Please give reasons for your answer.

The Council does not have experience of conducting appeals wholly by written means but would not be supportive of conducting appeals in this manner. The requirement to exchange written submissions within short timescales would be administratively burdensome and would negatively impact some parents/carers’ ability to effectively participate in the appeal process. Whilst there have been occasions where appeals have required to rest on the written submissions of the parent/carers, on these occasions the parents/carers have been provided with the opportunity to participate in a hearing.

The Council is of the view that parents/carers should be afforded the opportunity to participate in an appeal hearing with the option to either join the hearing using video conferencing or telephone facilities. This reflects the current practice of the Council and is considered to help overcome some issues which may arise from digital exclusion or poverty.

Question 3

Do you agree that remote means should only be used where all parties agree? 0 Strongly agree

A: Strongly disagree

Please give reasons for your answer.

The Council does not agree that remote means should only be used where all parties agree. The Council does not consider that in person hearings provide for better outcomes or that they result in increased participation by parents/carers. The experience of the Council is that the converse is true and that remote hearings have resulted in increased participation. In addition, the Council considers that the relative formality of in person hearings in comparison with remote hearings can sometimes inhibit parents/carers’ ability to fully present their case.

The Council receives a significant number of placing requests (and subsequent appeals) for its schools and in particular in relation to certain schools. Hearings take place over a number of days. The Council holds combined hearings, where appeals for particular schools are grouped together and heard on the same day. At a combined hearing the education authority will present generic information in respect of the school, or the particular year group of the school, in the presence of all parents/carers. Questions are invited from parents/carers and all appellants who are present at the combined hearing have the benefit of hearing the responses to all questions. Thereafter the parents/carers have the opportunity to present the individual circumstances relating to their appeal in private. Combined hearings have a number of advantages for all involved, including the Education Appeal Committee, education authorities and parents/carers. Combined hearings allow the process to be streamlined, avoids duplication, reduces the overall time taken to hear the appeals which, in turn, reduces the resultant waiting time for parents/carers. As previously outlined, appellants have the benefit of hearing the same information as all other appellants, including responses to questions, which reinforces transparency and consistency of treatment.

If remote hearings were only permitted where all parties agreed, it would significantly impact the ability of the Council to hold combined hearings. Securing consent within the short timescales required would increase the administrative burden on the Council and, where positive consent is not given, this would adversely impact on other appellants who may not wish to attend in person or who may not be able to do so. It would be unfair if a number of appellants were required to attend in person due to another appellant not consenting to a remote hearing taking place.

The Council has experienced difficulties in recruiting independent chairs of Education Appeal Committees. Currently the Council has one independent chair whose engagement is on a voluntary (unpaid) basis. The Council is concerned that removal of the option to conduct hearings remotely would negatively impact on retention and recruitment of independent Education Appeal Committee chairs. This could, in turn, undermine public confidence in the process.