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ITEM EX19

EXECUTIVE – 20 JULY 2004

SCHOOL ADMISSION AND EXCLUSION APPEAL PANELS

Report by Head of Democratic Services

1. Under Section H of the Constitution the Executive is responsible for local arrangements for the school admission and exclusion appeals function, but Regulations made under the Local Government Act 2000 make the full Council responsible for the determination of any financial loss, travelling and subsistence allowances payable to appeal panel members. (This is the same as for allowances paid to councillors, but without any requirement to make reference to an independent remuneration panel.) This report reviews the present panel members’ allowances and asks the Executive to make recommendations to the full Council to determine revised rates and arrangements for their payment.

Background

2. Under the School Standards and Framework Act (as amended) the Council is under a duty to make arrangements to enable parents to appeal against school admission and exclusion decisions. The requirements include the arrangements for the panels to hear the appeals, the appointment of panel members and the payment of allowances to any member of a panel. Under current legislation, members of panels are entitled to claim financial loss allowance and travel and subsistence allowances for attendance at a meeting of an appeal panel.
3. The admission appeal panels are drawn from a pool of (currently) 20 Lay Members and 11 "Persons of Experience of Provision of Education". The Panels met on 169 occasions in 2003 and, for the first seven months of 2004, will have met on 68 occasions. (2003 was a particularly busy year because of the combined effect of the Oxford City schools reorganisation and also a reduction in the Admission Number of some schools.)
4. The exclusion appeal panels are drawn from a pool of (currently) 7 Lay Members, 8 School Governors and 23 Headteachers . The Panels met on 5 occasions in 2003 and, for the first seven months of 2004, will have met on 14 occasions. It is anticipated that these panels will be required to meet with greater frequency as a consequence of changes in the Department for Education and Skills (DfES) Guidance on Exclusions, which appear to have led to an increase in the number of permanently excluded pupils and a corresponding increase in the number of appeals that are lodged.
5. Involvement in the appeals process therefore involves a considerable potential commitment on the part of individual panellists, and although many choose not to claim some or all of the available allowances, it is clearly one factor for anyone to consider before deciding whether to give his or her time up to perform this function.

Travelling and Subsistence Allowances

6. For travel by car, as for members of the Council, the Inland Revenue "All Car" rate is currently applied for appeal panel members, who are paid 40p per mile for the first 10,000 miles and 25p per mile thereafter. (No panel member has ever exceeded 10,000 miles.)
7. The current subsistence allowance for panel members is shown in Annex 1 – Table 1. This is based on a formula introduced several years ago. Appeal hearings normally take place between 9.45 am and 4.30 pm but occasionally over a longer time – sometimes extending to as late as 7.30 pm for an exclusion appeal.
8. A small sample survey of other authorities showed that some apply a mileage rate dependant on car engine size which varies between 34.6p per mile and 50.5p, while others pay a flat rate varying between 31.7p and 49.9p. There are also wide variations between authorities in the amounts paid for subsistence, for example, up to £7 lunch allowance and rates for breakfast, tea and evening meal allowances at approximately twice this authority’s.
9. There appears no reason for this Council to pay these allowances other than at the rates payable to Council members, which include payment for travel by motorbike and pedal cycle, and in respect of subsistence are as set out in Annex 1 – Table 2 (reckonable as including a reasonable time for the journey to and from home.) At the same time payment should be subject to the same conditions as apply to Council members for the provision of receipts and/or other evidence of expenditure and the submission of claims within two months of the expenditure being incurred.

Financial Loss Allowance

10. Most other tribunal systems pay their members a set fee for their services and, in some instances, non-payment of such a fee has stopped candidates from taking their expression of interest in being appointed to these panels any further. However, the Regulations do not allow for payment of a set fee for school admission and exclusion appeal panel members.
11. The small sample survey of other authorities showed variations between £40 to £200 per day in the maximum amounts of financial loss allowance payable. The current maximum for payment of actual financial loss for the Oxfordshire appeal panel members is £52.49p per day. This is not considered to be a realistic ceiling and there is concern that this may have the effect of inhibiting individuals’ willingness to participate in the process.
12. The majority of this authority’s panel members are retired while a few either work part time or are self-employed. In order to attract more people who work full time, it is recommended that the limit for payment of financial loss allowance be increased to £100, which would go somewhat closer to reflecting the local area’s earnings potential. In seeking to attract applicants from a wider background it is hoped that a truer representation of the local community may result, which the DfES guidance suggests is advisable.
13. In line with the other authorities in the sample survey and to ensure that claims for actual financial loss are accountable and audit trails sufficiently established, a certificate supplied by the employer, or supporting evidence from a self-employed panel member’s accountant, or such other evidence as deemed appropriate, should support any claims for loss of earnings. Claims for any other type of eligible actual financial loss, such as childminding expenses, should also be supported by receipts and/or other evidence.

Financial Implications

14. It is expected that the overall costs of these proposals will be no more than marginal. For example, it is not envisaged that payments for subsistence allowance will generally include payments for all the eligible subsistence allowances: appeal panel members normally only claim for lunch allowance. The increased limit for the lunch allowance will be balanced by the requirement that payments are made for costs actually incurred (subject to the specified maximum) rather than payments being made regardless of the expenditure incurred.
15. Currently, only 4 panel members in total claim financial loss for either loss of earnings or childminding costs. As appeal panels meet during working hours it is not envisaged that there will be a significant increase in the number of panel members who are appointed and who will make a claim for financial loss in respect of loss of earnings, even though for those individuals who may at present be inhibited from participating it is hoped that the proposed changes will represent a material improvement.

RECOMMENDATIONS

16. The Executive is RECOMMENDED to RECOMMEND the Council:

1. to approve, for school admission and exclusion appeal panel members, the same travel and subsistence allowances as are payable to members of the Council, subject to the same requirements as to the submission of claims and the supply of evidence;
2. to approve an increase to £100 per day in the maximum amount payable to a school admission or exclusion appeal panel member for financial loss necessarily incurred as a result of attendance at an appeal panel hearing, subject to sufficient documentary evidence being produced to identify actual loss; and
3. that the revised allowances and rates be effective from 1 October 2004.

DEREK BISHOP
Head of Democratic Services

Background Papers: Nil

Contact Officer: Sheila Sturgeon Tel: (01865) 810180

July 2004

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