BATH AND NORTH EAST SOMERSET COUNCIL

SCHOOL ADMISSIONS AND EXCLUSION APPEALS SERVICE

EQUALITY IMPACT ASSESSMENT

December 2009

Service Co-ordinator: Ann Swabey, Democratic Services and School Appeals Officer 
Persons Carrying out EIA: Ann Swabey, Enfys Hughes (Democratic Services Officer) and David Taylor (Senior Democratic Services Officer)

Main aims of the service 

The school appeals service is run as a discrete part of the Democratic Services section of the Council. It provides an opportunity (as laid down in law) for parents to appeal against the decision of the admission authority to refuse their child a place at a school for which they have indicated a preference. We organise approximately 250 admissions appeals per year. The service also administers the exclusion appeal process whereby a parent can appeal against a governor’s decision to permanently exclude their child from school. 

It should be noted that this is a reactive service – parents approach the department once they’ve made the decision to appeal. This means that the service provider has no influence either on the client profile or the number of appeals. However, we strive to make the service as accessible as possible and remove any barriers that could discourage appellants.

How is the service run?

The appeals service is run according to the provisions of the School Admission Appeals Code, the School Appeals Code and the Guidance on Exclusion as published by the Department for Children, Schools and Families (DCSF). These Codes are based on statutory provisions contained in various Education Acts.  As such, the service is constrained in the way that it is delivered in that it has to follow set procedures as laid down by Government which would already have been subjected to equality testing; however, the aim of the service is to make it as accessible to parents as possible.   

At the core of the service is the team of volunteers who serve on the independent appeal panels. Panel members are recruited, trained and managed by Democratic Services which includes appropriate update training for existing members. In addition to the legal aspects of school appeals, their training covers issues of discrimination and the requirement to conduct the hearing according to the rules of natural justice. 

Panel members fall into three main categories:
•	those who have experience of teaching
•	those who are governors 
•	lay members who have no connection with schools but who have an interest in education

Recruitment of panel members is done through media advertising, the Council website and through contact with governing bodies. We acknowledge that the profile of the panel members may not accurately reflect the demographic variation within the B&NES population as most of our members are retired, white and middle class (Action point).  However, we count ourselves fortunate in the high calibre of people who are attracted to apply to become panel members. 

 Main stakeholders 

1.	Parents and school-age children primarily from within the authority who have not been offered their preferred school 
2.	Parents and children from outside the area who are moving into the authority 
3.	Parents and children moving within the authority 
4.	Parents and children who wish to appeal against a permanent exclusion of a child from a school in the authority
5.	Presenting officers from both the education authority and from schools
6.	Panel Members

Note that, for admission appeals, it is recommended by the DCSF that children do not attend, whereas for exclusion appeals they are encouraged to attend.

Assessment of impact on equality groups 

We are aware that appealing against the decision of an admission authority or a school will be an unfamiliar and potentially confusing process for most parents. Therefore, special efforts are made to make it less daunting for all and to ensure that those from the 6 equality strands are not disadvantaged. 

Disability
Following the receipt of their appeal letter by the service, parents are sent a leaflet which explains the appeal process. It also asks them to inform the service if they have any special needs with regard to physical disabilities or sensory impairments. A signing service is available for those with hearing impairment, although rooms used for school appeals do not currently have hearing loops installed (Action point). All rooms have access to lifts and adapted toilets.  There is no evidence to indicate that the procedures have given rise to discrimination.
 
Race 
As previously mentioned, this is a reactive service and therefore officers have no influence on the ethnic profile of those appealing. For those appellants for whom English is not their first language, arrangements can be made for translators/interpreters through Bristol City Council. When contacting those appellants who are not fluent English speakers, extra care is taken to make sure that they are given clear explanations, avoiding the use of jargon and legal terms. Panel chairs are encouraged to give these appellants extra time at the hearing to allow for the procedures to be explained in appropriate terms. There is no evidence to indicate that the service procedures could give rise to discrimination. Ethnicity information is not currently collected but this could be an Action point for the future. 

Faith
The appeals service is responsible for arranging appeals for several Catholic and Anglican Voluntary Aided schools. Although the Admission Appeals Code does not specify the make-up of the appeal panels for faith schools, the service follows good practice by appointing representatives from the appropriate dioceses to Panels. The authority does not currently have any non-Christian faith schools. The school appeals officer has attended an Islamic Awareness course. If a hearing coincided unintentionally with a holy day, the officer would offer to move it to a different date on request. 
 
Gender
There is no discernible effect on the basis of gender. When appointing appeal panels, every effort is made to achieve a gender balance. The service has 18 male panel members and 19 female.  

On the whole, a greater number of female parents attend appeals than male. Holding appeals in the evening (especially the group presentations) in order that both parents can attend has been considered but, at present, there is not enough evidence of demand to justify this move. This may be re-evaluated depending on feedback from the service user questionnaire which is about to be introduced (Action point).

Sexual Orientation
There is no evidence to indicate that the procedures could discriminate on grounds of sexuality.  Unless the appellant raises the issue as part of their case, it is unlikely that a person’s sexuality would become known. Panel members are made aware of these potential issues as part of their training.   
Age
Most appellants come from the middle age ranges although extended family members (eg. grandparents) often accompany parents at hearings. The DCSF has advised that the child/children who are the subject of the appeal should not attend but, if their attendance is unavoidable, they are allowed to stay in the room with their parents during the hearing. 

Regarding the panel itself, members tend to come from an older age group as many of them are retired and are willing to provide a service on a voluntary basis. There is no upper limit on age when recruiting. The service would welcome and encourage more applicants for panel membership from younger age groups but, realistically, this is unlikely to happen due to the fact that appeals are held during working hours (Action point). 

Monitoring Arrangements

Ongoing monitoring of customer/equality groups will be continued to ensure that current service delivery standards are being maintained or, where possible, enhanced. Also the Ombudsman for Local Government in England and Wales can deal with complaints on school appeals and can recommend action to be taken to remedy any maladministration or failings in the service provided.

For all those involved in the appeal process but especially parents, we can already demonstrate the following examples of good practice:

1.	applying  the laws of natural justice
2.	annual appraisal of the leaflets – use plain English
3.	establishing regular communication with service users
4.	offering help with access for those with physical or other disabilities 
5.	offering translation, interpretation and signing service
6.	training panel members in anti-discriminatory practices 
7.	altering appeal times to suit parents’ preference where possible 
8.	providing quiet, private venues
9.	allowing parents to take their time in the hearing 
10.	treating everyone with courtesy and understanding 

Conclusions and Action Plan

This initial assessment concluded that impacts on the 6 equality strands are limited and fairly easily addressed. It would be difficult to quantify any particular potential impact in this service area. The following action points are suggested which start to address the specific issues raised in the report. 

ACTION PLAN 

Action required	Progress	Responsible Officer	Target date

Feedback questionnaire to parents 	
Consult with colleagues on content – November 2009	
AS	
January 2010	

Examine demand for and feasibility of evening hearings
 	
As part of the feedback questionnaire
	
AS	
March 2010	

Evaluate information provided to parents for admission and exclusion appeals to check it is clear and reflects current DCSF guidance. 
	
On an annual basis	
AS	
August 2010	

Target ethnic minority community associations to encourage more people from these groups to sit on panels
	
Next recruitment round - 2011	
AS	
From January 2011	

Press for improvements in the accessibility and availability of meeting accommodation within the Council, with particular reference to physical access and the needs of those with sensory impairment (possibly in partnership with the Disabled Workers Group)

As and when appropriate	
AS/DT	
Ongoing