The Education (Grant-maintained Special Schools) (Initial Governing Instruments) Regulations 1994

Appeals against decisions permanently to exclude pupils

9.—(1) The Governing Body shall make arrangements for enabling a pupil, if he is aged eighteen years or over, or, if he is not, a parent of his, to appeal against any decision of the Discipline Committee in accordance with Article 8(2) not to reinstate the pupil following his permanent exclusion from the School.

(2) For the purposes of paragraph (1) above, the Governing Body may make joint arrangements with the governing body of one or more other grant-maintained special schools.

(3) Any appeal by virtue of this Article shall be to an appeal committee constituted in accordance with the provisions of the instrument of government for the Governing Body; and the Appendix to these Articles shall have effect in relation to any such appeal.

(4) No appeal against a decision of the Discipline Committee not to reinstate a pupil following his permanent exclusion from the School may be made after the fifteenth school day after the day on which the pupil or, as the case may be, a parent of his received the notice given in accordance with Article 8(3).

(5) For the purposes of calculating the period referred to in paragraph (4) above, the pupil or (as the case may be) his parent shall, unless the contrary is shown, be taken to have received the notice given in accordance with Article 8(3)—

(a) where first class post is used, on the second school day after posting; or

(b) where the notice is delivered by hand, on the date on which it is so delivered.

(6) Any notice in writing given to the Discipline Committee or the Governing Body by a pupil (if he is aged eighteen years or over) or his parent (if he is not), stating that he does not intend to appeal against a decision not to reinstate the pupil, shall be final; and, where any such notice is received before the expiry of the period referred to in paragraph (4) above, the period for appealing shall expire on the date on which that notice is received.

(7) The decision of an appeal committee on any appeal shall be binding on the persons concerned.

(8) Where the appeal committee determines that the pupil in question should be reinstated, it shall direct that he be reinstated immediately or direct that he be reinstated on or before such date as is specified in the direction.