Achomhairc Alt 29

Appeal where refusal was due to oversubscription:

An Applicant who was refused admission in an LMETB School because the school is oversubscribed and who wishes to appeal this decision must first request a review by the board of management in writing, via a BOMR1 Form, available from the school office and at https://www.gov.ie/en/publication/8248c-appeals-in-relation-to-refusal-to-admit-a-student-due-to-a-school-being-oversubscribed/#how-to-seek-a-review-by-the-board-of-management, for it to be reviewed by the board of management of the school.

Such a review must be sought by the Applicant within twenty-one calendar days of the schools decision to refuse to admit. However, if a different time period for the bringing of such an appeal is specified by the Minister for Education after the publication of this Policy, same shall apply instead. Completed BOMR1 Forms should be submitted to the school office or online by emailing the school email address.

If an Applicant is not satisfied with the decision of the board of management, or the board of management is not in a position to review the decision to refuse admission, the Applicant may apply to bring an appeal to an Appeals Committee established by the Minister for Education under section 29A of the Education Act 1998. Appeals must be made in writing on a Section 29 Appeal Form, available at https://www.gov.ie/en/publication/8248c-appeals-in-relation-to-refusal-to-admit-a-student-due-to-a-school-being-oversubscribed/#how-to-appeal-if-a-child-has-been-refused-admission-because-the-school-is-full and submitted to the Section 29 Appeals Administration Unit in the Department of Education or the appeal can be submitted online by uploading the required documentation at https://www.section29appeals.gov.ie/.

As per the Department of Educations Procedures for hearing and determining appeals under section 29, such an appeal must not be brought until the Applicant has received correspondence from the board of management in relation to the review, or until 42 calendar days have passed since the date of initial refusal, whichever is earlier, and an appeal may not be brought later than 63 calendar days after the initial decision to refuse admission.

Appeal where refusal was for a reason other than oversubscription:

An Applicant who was refused admission to an LMETB school for a reason other than the school being oversubscribed and who wishes to appeal this decision may first choose to request a review by the board of management, via a BOMR1 Form, available from the school office and at https://www.gov.ie/en/publication/31c4f-appeals-in-relation-to-refusal-to-admit-a-student-for-a-reason-other-than-the-school-being-oversubscribed/#how-to-seek-a-review-by-the-board-of-management, for it to be reviewed by the board of management of the school. Such a review must be sought by the Applicant within twenty-one calendar days of the schools decision to refuse to admit. However, if a different time period for the bringing of such an appeal is specified by the Minister for Education after the publication of this policy, same shall apply instead. Completed BOMR1 Forms should be submitted to the school office or online by emailing the school email address. (An applicant may withdraw a request for review at any time prior to the conclusion of the review by notifying the board of management in writing to that effect.)

Alternatively, s/he may choose to apply to bring an appeal to an Appeals Committee established by the Minister for Education under section 29A of the Education Act 1998. Appeals must be made in writing on a Section 29 Appeal Form, available at https://www.gov.ie/en/publication/31c4f-appeals-in-relation-to-refusal-to-admit-a-student-for-a-reason-other-than-the-school-being-oversubscribed/#how-to-appeal-if-my-child-has-been-refused-admission-and-the-school-has-places-available and submitted to the Section 29 Appeals Administration Unit in the Department of Education or the appeal can be submitted online by uploading the required documentation at https://www.section29appeals.gov.ie/. As per the Department of Educations Procedures for hearing and determining appeals under section 29, such an appeal may not be brought later than 63 calendar days after the initial decision to refuse admission.

If an Applicant who seeks a review by the board of management is not satisfied with the decision of the board of management, that Applicant may also apply to bring an appeal to an Appeals Committee established by the Minister for Education under section 29A of the Education Act 1998, as outlined in the immediately preceding paragraph.

Basis for a review by the board of management:

As required by section 29C(2) of the Education Act 1998, any request for the board of management to review a decision of the school to refuse admission must be based on the implementation of this Admission Policy, the content of the schools Admission Notice and also set out the grounds of the request to review the decision.

Department of Education and Youth Section 29s

All information is available on Section 29 Appeals Board – Homepage