The Education (Northern Ireland) Order 2006

Prospective

Appeals against expulsion N.I.

32.—(1) Where [F1 the Authority] decides to expel a registered pupil from a controlled school—

(a) [F2 the Authority] shall immediately—

(i) inform the Board of Governors of the school concerned of that decision; and

(ii) inform the relevant person of that decision and of his right of appeal; and

(b) the relevant person may appeal against that decision to the appeal tribunal constituted in accordance with regulations under paragraph (6).

(2) Where the Board of Governors of any grant-aided school other than a controlled school decides to expel a registered pupil from that school—

(a) the Board of Governors shall immediately inform the relevant person of that decision and of his right of appeal; and

(b) the relevant person may appeal against that decision to the appeal tribunal constituted in accordance with regulations under paragraph (6).

(3) In this Article “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.

(4) On the hearing of an appeal under this Article the appeal tribunal may—

(a) allow the appeal and direct that the pupil be re-admitted to the school; or

(b) dismiss the appeal.

(5) It shall be the duty of the Board of Governors of the school to comply with any direction given under paragraph (4)(a).

(6) The Department shall by regulations provide for the constitution and procedure of an appeal tribunal to hear and determine appeals under this Article.

(7) Regulations under paragraph (6) may in particular—

(a) provide for the tribunal to consist of a prescribed number of persons selected in the prescribed manner from a panel or panels of persons appointed by the Department to act as members of the tribunal;

(b) provide for disqualifying prescribed persons or descriptions of person for membership of the tribunal;

(c) contain provision requiring—

(i) the appeal to be brought; and

(ii) the tribunal to hear and determine an appeal,

within such period as may be specified in, or determined in accordance with, the regulations;

(d) provide for representations to be made to the tribunal by or on behalf of the Board of Governors of the school concerned, the relevant person and (in the case of a controlled school) [F3 the Authority ] ;

(e) provide for the tribunal in determining an appeal to have regard in particular to any prescribed matters;

(f) provide for the tribunal to sit in private, except in such circumstances as may be specified in, or determined in accordance with, the regulations;

(g) provide that all matters relating to the procedure of a tribunal which are not specifically regulated by the regulations are to be determined by the Department.

(8) The Department may make payments by way of travelling and subsistence allowances to members of the appeal tribunal.

(9) Payments under paragraph (8) shall be made at such rates and on such conditions as may be determined by the Department.

Textual Amendments

F1 Words in art. 32(1) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 25(6) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)

F2 Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)

F3 Words in art. 32(7)(d) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 25(6) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)