Section 159.
1(1)The articles of government for a county, controlled or maintained special school shall require the local education authority, where by virtue of paragraph 2(3) of Schedule 15 they inform the relevant person of their decision that a pupil should not be reinstated, to give him notice in writing—
(a)of his right to appeal against the decision;
(b)of the last date on which an appeal may be made (calculated in accordance with paragraph 3(1) below);
(c)of his right to give notice under paragraph 3(2) below stating that he does not intend to appeal;
(d)that no appeal may be made after notice under that provision is given.
(2)The articles of government for an aided or a special agreement school shall require the governing body, where by virtue of paragraph 9(3) of Schedule 15 they inform the relevant person of their decision that a pupil should not be reinstated, to give him notice in writing—
(a)of his right to appeal against the decision;
(b)of the last date on which an appeal may be made (calculated in accordance with paragraph 3(1) below);
(c)of his right to give notice under paragraph 3(2) below stating that he does not intend to appeal;
(d)that no appeal may be made after notice under that provision is given.
2(1)A direction for the reinstatement of a pupil given by virtue of paragraph 2 of Schedule 15 shall not have effect for a period ending with the fifth school day ending after the governing body are informed of the direction by the local education authority unless, within that period, the governing body inform the authority that they do not intend to appeal against the direction.
(2)Where, within that period, the governing body lodge an appeal against the direction in accordance with the arrangements made by the local education authority under section 159(1)—
(a)the authority shall, before the end of the fourth school day after the day on which the appeal is lodged, inform the relevant person of his right to make representations to the appeal committee, and
(b)the direction shall not have effect unless it is confirmed by the appeal committee or the appeal is withdrawn.
(3)No appeal against such a direction may be made by the governing body after the direction has taken effect.
3(1)No appeal under section 159(1)(a) or (2) against a decision not to reinstate a pupil may be made after the 15th school day after the day on which the relevant person is given notice in writing under paragraph 1(1) or (2).
(2)Any notice in writing given by the relevant person to the body responsible for making any arrangements under section 159(1) or (2) which states that he does not intend to appeal against a decision not to reinstate the pupil shall be final.
(3)The time limit for appealing under section 159 shall be treated as having expired on the day on which notice is given under sub-paragraph (2) (if earlier than the last day on which an appeal may be made in accordance with sub-paragraph (1)).
4(1)Part I of Schedule 33 (school admission appeals) shall have effect in relation to appeals under section 159 with the necessary modifications.
(2)Accordingly, in the application of that Part of that Schedule in relation to any such appeals—
(a)any reference to section 423(1) shall be read as a reference to section 159(1);
(b)any reference to section 423(2) shall be read as a reference to section 159(2); and
(c)any reference to section 423(3) shall be read as a reference to section 159(3).
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.
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.
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 [1972 c. 70.] Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee.
16(1)Where in accordance with paragraph 1(1) or (2) notice in writing is required to be given to a person, the notice may be given either—
(a)by delivering it to the person’s last-known address, or
(b)by properly addressing, pre-paying and sending by first class post to the person’s last-known address a letter containing the notice.
(2)For the purposes of calculating the period referred to in paragraph 3(1), a notice shall be taken to have been given—
(a)where first class post is used, on the second school day after the date of posting, or
(b)where the notice is delivered, on the date of delivery,
unless (in either case) the contrary is shown.
17In this Schedule “the relevant person” means—
(a)in relation to a pupil under the age of 18, a parent of his;
(b)in relation to a pupil who has attained that age, the pupil himself.
18The Secretary of State may by order amend the preceding provisions of this Schedule.