Appendix 22: Circular Letter 0003/2018: Appeal Procedure in the Appointment to Assistant Principal I, Assistant Principal II and Programme
This Appeal Procedure has been established to ensure that the correct procedures are
followed in the appointment of Assistant Principal I, Assistant Principal II and
Programme Co-ordinator posts. The appeal will not be a re-examination of the interview
All application forms for posts of responsibility shall include reference to a candidate
being able to access, upon written request all items listed (i) to (iv) below after s/he is
notified of the outcome of the post of responsibility appointment process:
(i) His/her marks under each selection criterion
(ii) The notes of the interview board pertaining specifically to the candidate alone
(iii) The marks of the recommended candidate(s) under each criterion
(iv) For the 2017/2018 and 2018/2019 school years, service in the school/scheme of the
most senior applicant.
16. Grounds for Appeal
16.1 Initiating the Process of Appeal
An applicant may appeal on one or more of the following grounds in relation to an
alleged breach of procedure:
1. Failure to consult staff on the roles and responsibilities as set out in 4.1
2. Breach of the advertising rules
3. Non-notification about the vacancy to teachers on leave of absence/
(b) Composition of the Interview Board:
4. Lack of gender mix on Interview Board
5. Incorrect/ incomplete composition of the Interview Board
(c) Marking/Selection Criteria:
6. A computational error in the Interview Board marking sheets which makes a
material difference to the outcome
7. A departure from the agreed selection criteria or marking scheme.
16.2 Supporting evidence2 must be supplied in respect of the grounds for appeal.
17. Appeal Board
17.1 The Appeal Board will consist of a nominee of the relevant union, a nominee of the
relevant management body and an independent chairperson from a panel agreed by the
unions and management bodies.
17.2 No member shall be appointed to the Appeal Board to consider a case referred to it who
has had prior interest in or dealings with that particular case. However, in circumstances
where there is more than one appeal lodged in relation to the appointment process to the
same post, an Appeal Board member may hear more than one appeal.
18. Process of Appeal
18.1 Appeals in respect of competitions for posts of Assistant Principals I, Assistant Principal
II and Programme Co-ordinator posts shall be completed electronically on the agreed
PDF appeal form. Only appeals completed and submitted using the electronic form will
be processed. Appeals submitted after the Appeal Date will not be processed.
18.2 Both appeals and response to appeals are each limited to a total submission of 1,000
2 Section 18 refers
18.3 Any costs incurred by appellants or the school/ ETB as the management respondent shall
be their respective responsibility as a party to the appeal.
18.4 A candidate who wishes to appeal must lodge a completed PDF appeal form using the
notified email address with the Secretary to the Board of Management/Manager/CE3
within 7 school days of issue of the notification of the outcome of the post of
responsibility appointment process4.
18.5 The final date and time (4.00 p.m.) for notification of appeals to the Secretary to the
Board of Management/Manager/CE shall be stated in the letter outlining the outcome of
the appointment process. The date will become known as the Appeal Date and will be at
4.00 p.m. on the seventh school day, with day one commencing on the day after the
outcome of the process is issued. If no appeal is received within this timeframe, the Board
of Management/Manger/CE shall proceed with the appointment of the recommended
18.6 Documentation (if any) which is relied on to support an appeal and referenced in the
appeal form must be submitted by email or in hard copy to the Secretary to the Board of
Management/Manager/CE by 4.00 p.m. on the Appeal Date. Any such documentation
received after this time will not be processed and will be returned to the appellant.
18.7 School days are defined as days in which the school is in operation for students. Where
the outcome of the competition is notified to applicants in the week immediately prior to
the June State examinations, the Appeal Date shall occur within the first 12 official
examination days of the State examination period. If an appeal is received by this Appeal
Date, no appeal hearing shall be convened before the next school year.
18.8 The Secretary to the Board of Management/Manager/CE will issue an acknowledgement
of receipt of the appeal within 3 school days of the Appeal Date.
18.9 The recommended candidate for the post will be advised by the Secretary to the Board of
Management/Manager/CE that an appeal(s) has been lodged and that the appointment
process is postponed pending the outcome of the appeal(s).
18.10 On receipt of an appeal, the Secretary to the Board of Management/Manager/CE will also
notify the Appeal Board Secretariat by email of the Appeal Date. The Appeal Board
Secretariat will request nominees from the General Secretary of the relevant teachers’
union and the General Secretary of the relevant management body and will identify the
independent chairperson from the agreed national panel having regard to the agreement
reached with respect to the selection of such chairpersons.
18.11 The Secretary to the Board of Management/Manager/CE will forward the completed PDF
management response form and supporting documentation to the Appeal Board
Secretariat within 5 school days of the Appeal Date and will simultaneously send a copy
of the management response to the appellant.
3 CE or designated officer
4 When sent by email, the completed PDF appeal form attached will automatically be forwarded to the Appeal
Board Secretariat for the relevant sector also.
18.12 The Secretary to the Board of Management/Manager/CE and the appellant will be
notified by the Appeal Board Secretariat as to the composition of the Appeal Board within
7 school days of the Appeal Date.
18.13 The Appeal Board will undertake a preliminary review of each appeal submitted, the
corresponding management response submitted, supporting documentation and relevant
Department of Education circulars/forms appropriate to such competitions.
18.14 Only documents specifically referenced in the statement of appeal or management
response to the appeal are admissible. Any additional and/or unsolicited documentation
will not be considered by the Appeal Board and will be returned to sender. The Appeal
Board may seek copies of certain documents relevant to its consideration of the appeal
from either party to appeal. (See 19.2 below)
18.15 Appellants are required to substantiate each appeal ground selected on the online appeal
form with a supporting rationale/defence. The supporting rationale must be relevant to
the specific appeal ground selected. Where nothing is provided by way of a rationale/
defence of the appeal ground selected, the appeal ground will be discounted by the Appeal
Board and reference to this effect will be included in the Appeal Board determination.
18.16 The Appeal Board will examine each appeal ground selected and supporting
rationale/defence. The Appeal Board will examine the management response to the
appeal ground selected and management’s rationale/defence. Each appeal ground will be
considered and adjudicated upon.
18.17 Appeals shall not include observations or disparaging remarks of a personal nature
including personalised comments about individuals. Where this transpires, it may lead to
an appeal being disqualified by the Appeal Board or an oral hearing being terminated by
the Appeal Board.
18.18 Where the Appeal Board, having considered the appeal and response, deems it
unnecessary to conduct a hearing, it shall notify the appellant and the Secretary to the
Board of Management/Manager/CE of the outcome of the appeal within 15 school days
of the Appeal Date.
18.19 Where the Appeal Board, having considered the appeal and management response,
decides that a hearing is necessary, it shall set a date for a hearing within fifteen school
days of the Appeal Date. In the case of ETBs, the venue will be organised by the ETB
and any meetings/hearings that arise thereto.
18.20 During the course of an appeal, no communication may be made with the Appeal Board
or any member thereof except in accordance with the Appeal Procedure or at the request
of the Board.
20. Outcome of Appeal Procedure
20.1 The Appeal Board determination will issue to the parties to the appeal and a copy
simultaneously provided to the Appeal Board Secretariat within 5 school days of the
hearing. The Appeal Board determination will conclude all matters with respect to the
20.2 If an appeal is rejected, the Board of Management/Manager/CE shall proceed with the
appointment of the original recommended candidate in the post.
20.3 Where an appeal is upheld, the Appeal Board will advise the Board of
Management/Manager/CE to recommence the appointment process at the appropriate
stage, e.g. re-advertise the post or re-interview all the applicants.
20.4 In circumstances where the Appeal Board determines that an error was made in the
computation of marks awarded that materially changes the outcome, the Appeal Board
will specify the fact and advise the Secretary to the Board of Management/Manager/CE
that the highest ranked candidate by reference to the correct application of the marks
should be recommended for appointment in such circumstances.
20.5 As a matter of best practice, where recommencement of the selection process is required
following an appeal, membership of the selection board should change except where there
is a specific requirement in the current arrangements for the participation of a specific
20.6 Following the conclusion of the appeal, no communication may be made with the Appeal
Board or any member thereof except in accordance with the Appeal Procedure or at the
request of the Appeal Board.
20.7 However, in the event that the Appeal Board reviews an appeal or management response
and a matter emerges which materially affects the outcome of the competition which was
not cited in the appeal, the Appeal Board will adjudicate in respect of this particular
matter and provide a comment on the matter in its determination. In such circumstances,
schools/ETBs can seek the permission of the Appeal Board to recommence the
competition at a previous stage to that of re-interviewing.
20.8 All matters relating to the appeal are strictly confidential to the parties to the appeal, the
Appeal Board Secretariat and the Appeal Board. This includes all aspects of the appeal
process (including documentation that arises thereto).
21. Data Protection, Administrative Matters and Review
21.1 All documentation held by the Appeal Board members will be returned by the Appeal
Board Chairperson to the Appeal Board Secretariat. The documentation will be retained
on file for a period of eighteen months following the appeal determination. Thereafter,
the Appeal Board Secretariat will be responsible for confidential document destruction.
21.2 In circumstances where issues of clarification may arise, Appeal Boards have recourse to
the relevant parties to this appeal procedure through the Appeal Board Secretariat.
21.3 Nothing shall preclude the parties at national level, being management bodies and unions
post-primary, from collectively seeking feedback at intervals from the Appeal Board
Chairpersons to inform continuing best practice and assist in seeking to clarify issues
which may fall for review from time to time.
21.4 The operation of the Appeal Procedure will be subject to review as agreed at the
Teachers’ Conciliation Council.
22. Forms and Letters
The following are to be used for the purposes of this appeal procedure:
management bodies’ websites).
Appendix 1: Seniority
Applies to 2017/2018 and 2018/2019 school years.
Seniority will be reckoned as follows:
Service in the school or scheme
As this is an interim measure, the current method of calculation will apply.
The service in the school or scheme of the most senior applicant will qualify for 12 points. Using
that service as a base line, it will be divided by four in order to establish four quartiles.
Service as a teacher in another school or scheme
Any teacher who has service in another school or scheme recognised by the Department of
Education and Skills, where such service is a minimum of the value of 1 quartile in the
competition in question will be moved to the next higher quartile than that justified by service in the school, subject to not exceeding 12 points overall mark on seniority.