Dáil Éireann Debate, Tuesday - 7 March 2023
387. Deputy Eoin Ó Broin asked the Minister for Education regarding the Section 29 appeal process as a result of oversubscription of a school, if there is any flexibility in relation to the 63-day timeframe; if school holidays are counted as days; and if she will make a statement on the matter. [11233/23]
Amharc ar fhreagraSection 29F(1) (c) of the Education Act 1998, as inserted by section 7 of the Education (Admissions to school) Act 2018, states :
29F. (1) An appeals committee shall refuse to hear or determine, or refuse to continue to hear or determine, an appeal under section 29 where—
(c) an appeal has not been made within the period specified in procedures under section 29B
The procedures for hearing and determining appeals under section 29 (1) (c) (i) and 29 (1) (ii), which relate to refusal to enrol appeals, provide that an appeal must be made no later than 63 calendar days from the date of the decision by the Board of Management of a school to refuse admission.
The section 29 appeals committee is therefore legally bound to adhere to these time frames when considering such appeals.
In determining whether an appeal was lodged within the required 63 days I can confirm that the appeals committee include school holidays in their calculations.
