It is the responsibility of my Department to ensure that schools in an area can, between them, cater for all pupils seeking school places in an area. Parents can choose which school to apply to and where the school has places available the pupil should be admitted.
It is the responsibility of the managerial authorities of all schools to draft, publish and implement a school admission policy in accordance with the Education (Admission to Schools) Act 2018. In schools where there are more applicants than places available a selection process may be necessary. This may result in some pupils not obtaining a place in their school of first choice.
The admission policy, including the selection criterion to be used where the school is oversubscribed, must comply with the Education Acts 1998 to 2018, be non-discriminatory and be applied fairly in respect of all applicants.
Where a board of management receive an application for admission and they make a decision to refuse admission, a parent/guardian can appeal that decision under section 29 of the Education Act, 1998, and an independent appeals committee will be appointed to consider the appeal. My Department has no authority to compel a school to admit a student, except in circumstances where an appeal under section 29 of the Education Act, 1998 has been allowed and the appeals committee directs that the school admit the child concerned.
Where a parent has been refused admission to a school and wishes to appeal that decision under section 29 of the Education Act, 1998 the appeal must be made no later than 63 calendar days from the date of the school’s decision to refuse admission.
It is important to note that if admission has been refused due to the school being oversubscribed, and a parent wishes to appeal this decision she or he must firstly make a written request to the school seeking a review of the board of management’s decision. This request for a review to the board of management is time bound and must be made within 21 calendar days from the date of the decision by the school to refuse admission.
If the parent has been refused admission for a reason other than the school being oversubscribed, she or he may, but is not required to, request a review by the board of management within 21 calendar days from the date of the decision by the school to refuse admission. Where admission has been refused for a reason other than the school being oversubscribed and the parent does not wish to seek a review by the board of management she or he may make an appeal to an independent appeals committee no later than 63 calendar days from the date of the school’s decision to refuse admission.
Full details on the section 29 appeals processes are available on my Department’s website at the following links:
www.gov.ie/en/publication/8248c-appeals-in-relation-to-refusal-to-admit-a-student-due-to-a-school-being-oversubscribed/
www.gov.ie/en/publication/31c4f-appeals-in-relation-to-refusal-to-admit-a-student-for-a-reason-other-than-the-school-being-oversubscribed/
In addition, Tusla Education Support Services (TESS), the Educational Welfare Service of the Child and Family Agency, 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 www.tusla.ie/tess/get-in-touch/ or by email at tessinfo@tusla.ie. I would advise the parents of the child for whom the deputy has provided details, to make contact with Tusla Education Support Services to seek their support in securing a school place.
