Section 13 (9) Appeals Procedure

Section 13(9) of the Education Act 1998 gives any school or teacher dissatisfied with the professional work or conduct of an Inspector or an Inspector's report the right to seek a review. A teacher may seek a review where an Inspector did not make reasonable efforts to carry out duties in accordance with the Inspectorate's Professional Code of Practice on Evaluation and Reporting, the procedures for an evaluation or the procedures for publishing school reports.  

School Level
If a teacher is concerned about the work of an Inspector s/he should bring the matter to the attention to the Inspector when the inspection is in progress. The Inspector and the teacher should seek to resolve the matter informally between them.  Inspectors should ensure that a teacher is given opportunities to raise concerns during inspection visits or during post inspection feedback.  

If an issue arises during the course of a classroom visit the teacher should raise the matter immediately after the classroom visit.  A concern about the oral feedback presented by an Inspector at a post inspection meeting should be raised at the conclusion of the meeting.  

If it is not possible to raise the concern on the day it should be raised on the next school day, either in person or by telephone.  

Regional Assistant Chief Inspector
If the concern of a teacher is not resolved informally at school level the teacher should contact the Assistant Chief Inspector of the Inspectorate region in which the school is situated. A list of the Inspectorate regions and the names and contact details of Assistant Chief Inspectors may be found on the Department's website at www.education.ie.  

The teacher should explain his/her concern to the Assistant Chief Inspector. The Assistant Chief Inspector is entitled to question the teacher to ensure an understanding of the issues. He/she may also speak to others suggested by the teacher to gather additional information and is obliged to contact the Inspector concerned and to discuss teacher's concerns.  

The Assistant Chief Inspector must attempt to resolve the concerns through contact with the teacher and the Inspector as quickly as possible, normally no later than five school days.

If the teacher who raised the concern remains dissatisfied then s/he may then seek a formal review.  

Formal Review
A teacher may request the Chief Inspector in writing within twenty school days to conduct a formal review. If the Chief Inspector considers that the issues raised fall within the scope of the procedure a formal review will be initiated.  

The Chief Inspector appoints two reviewers, one internal and one external, to work jointly and a review coordinator who assembles all relevant documentation. The Internal Reviewer will be an Assistant Chief Inspector unconnected with the inspection about which a concern has been raised. The External Reviewer may be an inspector of schools from another jurisdiction, or an educational professional of high standing who is familiar with the work of school evaluations. 

The reviewers examine all documents and may seek additional information. They may interview the teacher and the Inspector in the presence of each other. The teacher may be accompanied by a friend in such cases. The reviewers are obliged to consider the issues carefully and provide a report for the Chief Inspector which addresses each point of concern raised by the teacher. The report must provide an adjudication on each point of concern stating that whether in the opinion of the reviewers the point is upheld or not upheld. The report must make clear the evidence on which these findings are made and should also provided suggested actions for the Chief Inspector to consider.  

The Chief Inspector must consider the report of the reviewers and make an initial determination. A course of action must be proposed which may include one or more of the following:

  • the inspection activity will be upheld;
  • the Inspectorate will acknowledge that an aspect (or aspects) of the inspection activity was not in keeping with the Inspectorate's Professional Code of Practice on Evaluation and Reporting and, if appropriate that an apology will be offered;
  • the Inspectorate will acknowledge an error or failing and if appropriate, an apology will be offered;
  • the inspection report will be amended and reissued;
  • the inspection and/or the inspection report will be rescinded, in whole or in part, and a further inspection or part inspection, as appropriate will be carried out by an inspector unconnected with the original inspection and review; and
  • the inspector will undertake any other action considered appropriate by the Chief Inspector.

The Chief Inspector must issue an initial determination including proposed action(s). The teacher and the inspector may make final written observations on these documents. The Chief Inspector having considered any comments made is then obliged to make a final determination. If a re-inspection is to take place it will be carried out as soon as possible by an inspector unconnected with the original inspection. An issue of concern raised during the procedure for review may be dealt with under the Disciplinary Code for Civil Servants.

 

Last updated: March 2011