5In the following provisions of this Schedule—
“appeal” means an appeal under section 159;
“appeal committee” means an appeal committee constituted in accordance with Part I of Schedule 33, as it applies in accordance with paragraph 4 above.
6An appeal shall be by notice in writing setting out the grounds on which it is made.
7The appeal committee shall meet to consider an appeal—
(a)within the period ending with the 15th school day after the day on which the appeal is lodged, or
(b)if the body responsible for making any arrangements under section 159 has determined a shorter period, within that period.
Valid from 01/09/1998
[F17A(1)For the purpose of fixing the time (falling within the period mentioned in paragraph 7) at which the hearing of an appeal is to take place, the body mentioned in that paragraph shall take reasonable steps to ascertain any times falling within that period when—
(a)the relevant person, or
(b)any other person who wishes, and would be entitled, to appear and make oral representations in accordance with paragraph 8 or 9,
would be able to attend.
(2)Where in accordance with sub-paragraph (1) that body have ascertained any such times in the case of any such person, they shall, when fixing the time at which the hearing is to take place, take those times into account with a view to ensuring, so far as it is reasonably practicable to do so, that that person is able to appear and make such representations at the hearing.]
Textual Amendments
F1Sch. 16 para. 7A inserted (1.9.1998) by 1997 c. 44, s. 7(2) (with s. 57(3)); S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (which s. 7 is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(b), Sch.31 (with ss. 138(9), 144(6)))
8(1)On an appeal by a pupil or parent the appeal committee shall give the appellant an opportunity of appearing and making oral representations, and may allow him to be accompanied by a friend or to be represented.
(2)On such an appeal the committee shall allow—
(a)the local education authority and the governing body to make written representations, and
(b)an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations.
9(1)On an appeal by a governing body the appeal committee shall give a governor nominated by the governing body an opportunity of appearing and making oral representations, and shall allow the governing body to be represented.
(2)On such an appeal the committee shall allow—
(a)the relevant person to make written representations and to appear and make oral representations,
(b)the local education authority to make written representations, and
(c)an officer of the authority nominated by the authority to appear and make oral representations.
10(1)The body responsible for making any arrangements under section 159 shall, in setting any time limits in connection with appeals, have regard to the desirability of securing that appeals are disposed of without delay.
(2)If the relevant person making an appeal under section 159(1)(a) or (2) requests that body to do so, it may in exceptional circumstances extend the period in which an appeal committee is to hear the appeal and communicate its decision.
11(1)Appeals shall be heard in private except when the local education authority or governing body by whom the arrangements under section 159 are made direct otherwise.
(2)Without prejudice to any of the provisions of this Schedule—
(a)a member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal committee; and
(b)any member of the Council on Tribunals may attend, as an observer, any meeting of an appeal committee at which an appeal is considered.
12Two or more appeals may be combined and dealt with in the same proceedings if the appeal committee consider that it is expedient to do so because the issues raised by the appeals are the same or connected.
Valid from 01/09/1998
[F212A(1)In deciding—
(a)whether the pupil in question should be reinstated (and, if so, the time when this should take place), or
(b)whether any direction for the reinstatement of the pupil in question should be confirmed,
an appeal committee shall have regard to both the interests of that pupil and the interests of other pupils at his school and members of its staff.
(2)In making any such decision an appeal committee shall also have regard to the measures publicised by the head teacher under section 154(7).
(3)Sub-paragraphs (1) and (2) do not apply where an appeal committee decides that the pupil in question was not guilty of the conduct which the head teacher relied on as grounds for his permanent exclusion.
(4)Sub-paragraphs (1) and (2) shall not be read as precluding an appeal committee from having regard to any other relevant matters.]
Textual Amendments
F2Sch. 16 para. 12A inserted (1.9.1998) by 1997 c. 44, s. 7(4) (with s. 57(3)); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV (which s. 7 is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(b), Sch.31 (with ss. 138(9), 144(6))); S.I. 1999/2323, art. 2(1), SAch. 1
13In the event of a disagreement between the members of an appeal committee, the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the committee shall have a second or casting vote.
14The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to the relevant person, the local education authority and the governing body, and shall be so communicated—
(a)within the period ending with the 17th school day after the day on which the appeal is lodged, or
(b)if the body responsible for making any arrangements under section 159 has determined a shorter period, within that period.
15(1)Subject to paragraphs 6 to 14, all matters relating to the procedure on appeals, including the time within which they are to be brought, shall be determined by the local education authority or governing body by whom the arrangements under section 159 are made.
(2)Neither section 106 of the M1Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee.
Marginal Citations