Mewn GofnodiGuidance for the Appropriate Body where a registered teacher has made an Induction Appeal to the Council
Yn disgwyl cael ei gyfieithu
How does the appellant make an appeal, and when?
If, on receiving a formal written notification from the Appropriate Body, the appellant is unhappy about its decision to either fail or extend the Induction period, he or she may appeal to the Council against this decision. In order to appeal, the appellant needs to send to the Council a Notice of Appeal, and attach to it the information set out in the section headed ‘Submitting an appeal and supporting documentation’ (3.0) in the Council’s Guidance for the Hearing of Induction Appeals.
The appellant must send their Notice of Appeal to the Council within 20 working days of receiving the decision letter from the Appropriate Body.
An Induction appeal can only be made by a registered teacher; it is not a process instigated by the Council or any other body.
What happens once the Council receives an appeal?
Where the Council receives an appeal, it will, in the first instance, send it and all associated documents to the Appropriate Body for comment. For more information, please refer to the Guidance for the Hearing of Induction Appeals under section 4.0 ‘Responses to the Notice of Appeal’.
In most circumstances, it will then arrange for the appeal to be heard at an ‘oral hearing’ in line with its Guidance for the Hearing of Induction Appeals.
This information is general information to assist the Appropriate Body. In all circumstances, the National Assembly for Wales Statutory Instrument No. 2003/543 (W.77) The Education (Induction Arrangements for School Teachers) (Wales) Regulations 2003 and the Council’s Guidance for the Hearing of Induction Appeals take precedence.
What is an ‘oral hearing’?
An ‘oral hearing’ is one which both the appellant and the Appropriate Body can attend with representation, and bring witnesses. This hearing is a public hearing, unless the Committee decides part or all of it should be held in private.
However, in some circumstances, the Council may decide to hold a ‘non-oral’ hearing (one which is held in private, and one where a decision is made on the basis of paper evidence only without the appellant and representatives for the Appropriate Body being present), or not to hold a hearing at all.
For example, if:
- neither the appellant nor the Appropriate Body asks for an oral hearing, the Council may decide to hold a non-oral hearing.
- the appellant or the Appropriate Body asks for a non-oral hearing, the Council may arrange this.
- the Appropriate Body does not respond to the Notice of Appeal, the Council may decide to hold a non-oral hearing.
- the Appropriate Body does not wish to dispute the appeal, the Council may allow the appeal without holding a hearing at all.
For more information, please refer to the Guidance for the Hearing of Induction Appeals under sections 4.1, 4.4 and 6.0.
The non-oral hearing
Hearing an appeal at a non-oral hearing broadly involves the following process:
An Induction Appeals Committee convened for a non-oral hearing decides whether or not (a) the appellant failed to meet the End of Induction Standard (b) the appellant was seriously disadvantaged by the Induction process (c) there were special circumstances which would justify allowing the appellant’s appeal, or extending their Induction period.
The Induction Appeals Committee then decides whether or not (a) the appeal should be allowed (b) the appeal should be dismissed (c) to extend the Induction period, or (d) to substitute the period of extension (where the appeal is against an extension to the Induction period).
The Council will issue the appellant and the Appropriate Body with a ‘Notice of Hearing Proceedings’, and ask both to respond to it prior to the hearing.
A decision at a non-oral hearing is made on the basis of written evidence only, and in private. Neither party is able to attend.
The oral hearing
Hearing an appeal at an oral hearing broadly involves the following process:
The decision an Induction Appeals Committee makes at an oral hearing is the same as that at a non-oral hearing: whether or not (a) the appellant failed to meet the End of Induction Standard (b) the appellant was seriously disadvantaged by the Induction process (c) there were special circumstances which would justify allowing the appellant’s appeal, or extending their Induction period.
The Induction Appeals Committee then decides whether or not (a) the appeal should be allowed (b) the appeal should be dismissed (c) to extend the Induction period, or (d) to substitute the period of extension (where the appeal is against an extension to the Induction period).
The Council will issue the appellant and the Appropriate Body with a ‘Notice of Hearing Proceedings’, and ask both to respond to it prior to the hearing.
A decision at an oral hearing is made on the basis of written and oral evidence, and, unless the appellant and/or representatives for the Appropriate Body ask for a private hearing and the Committee agrees, all evidence is heard in public. The appellant and the Appropriate Body are encouraged to attend, and attend with representation. A solicitor, legal adviser or union official may fulfill this role. Witnesses may be called by both parties. If neither the appellant nor representatives for the Appropriate Body attend, the Committee may decide the appeal in their absence.
How to respond to a Notice of Hearing Proceedings
The Appropriate Body should carefully read any letter, Notice and accompanying documentation received from the Council’s Induction Appeals Officer.
The Induction Appeals Officer will send the Appropriate Body a ‘Notice of Hearing Proceedings’ once it has scheduled a date for the hearing of the appeal, whether this is to be at a non-oral hearing, or an oral hearing (as above).
However, the Appropriate Body will only be asked to respond to part ‘e’ if the appeal is to be heard at an oral hearing:
Part ‘e’
Part ‘e’ of the Notice asks the Appropriate Body to respond to specific questions about the hearing. For example, whether or not it will ask the Induction Appeals Committee to hear the appeal in private, whether or not it will be sending representatives to the hearing, and whether or not it will bring any witnesses.
In addition, part ‘e’ asks whether or not the Appropriate Body thinks there is a conflict of interest between it and a member of the Induction Appeals Committee. If it feels this may be the case, it should let the Induction Appeals Officer know as soon as possible.
The Appropriate Body’s written response should be returned to the Induction Appeals Officer by the date stated.
Part ‘d’
If representatives for the Appropriate Body do not attend the oral hearing of the appeal, part ‘d’ reminds it that it may send the Induction Appeals Officer written representations.
Representation and attendance at an oral hearing
The Council strongly encourages the Appropriate Body to send representatives for it to an oral hearing, and make representations about the appellant’s grounds of appeal. Representatives may be the individuals who were involved in the Induction process at the time of the appellant’s Induction. For example, the LEA Induction Coordinator, the school Induction Mentor, and/or the Head Teacher of the school at which the Induction period was completed.
Once the Induction Appeals Officer serves the Notice of Hearing Proceedings, the Council reserves the right to proceed in determining the appeal, even in the Appropriate Body’s absence.
The Appropriate Body should carry out as much preparation as they can to ensure representations are effective in supporting its case to the best advantage.