Education Act 1996

Procedure on an appeal

5 In 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.

6 An appeal shall be by notice in writing setting out the grounds on which it is made.

7 The 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.

12 Two 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.

13 In 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.

14 The 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.