Education Act 1980

Section 7(4).

SCHEDULE 2 E+W School Admission Appeals

Modifications etc. (not altering text)

C1 Sch. 2 modified by S.I. 1989/1135, art. 3(1)(b), Sch. 2

Part I E+W Constitution of Appeal Committees

Modifications etc. (not altering text)

C2 Sch. 2 Pt. I applied with modifications by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 26(4), Sch. 3 para. 4

1 (1) An appeal pursuant to arrangements made by a local education authority under section 7(1) of this Act shall be to an appeal committee constituted in accordance with this paragraph.

[F1 (2) An appeal committee shall consist of—

(a) one person nominated by the authority from among persons who are eligible to be lay members; and

(b) two, four or six other members nominated by the authority from among persons appointed by the authority under this paragraph.

(2A) The authority shall not nominate a person under sub-paragraph (2)(a) above if he could be appointed by them under sub-paragraph (3)(a) below or is employed by them.

(2B) Sufficient persons may be appointed by the authority to enable two or more committees to sit at the same time.]

(3) The persons appointed [F2 by the authority] shall comprise—

(a) members of the authority F3 . . .; and

(b) persons who are not members of the authority F3 . . . but who have experience in education, are acquainted with the educational conditions in the area of the authority or are parents of registered pupils at a school;

but shall not include any person employed by the authority otherwise than as a teacher.

(4) The members of an appeal committee who are members of the authority F3 . . . shall not outnumber the others F4 . . .

[F5 (5) A person who is a member of the authority or employed by the authority shall not be chairman of an appeal committee.]

(6) A person shall not be a member of an appeal committee for the consideration of any appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.

(7) A person who is a teacher at a school shall not be a member of an appeal committee for the consideration of an appeal involving a question whether a child is to be admitted to that school.

Textual Amendments

F1 Sch. 2 para 1(2)(2A)(2B) substituted (1.1.1994) for para. 1(2) by 1993 c. 35, s. 307, Sch. 16 para. 2(1) (with s. 266, Sch. 20 para. 6);S.I. 1993/3106, art. 4, Sch. 1

F2 Words in Sch. 2 para. 1(3) inserted (1.1.1994) by 1993 c. 35, s. 307, Sch. 16 para. 2(2) (with 266, Sch. 20 para. 6);S.I. 1993/3106, art. 4, Sch. 1

F3 Words in Sch. 2 para. 1(3)(4) repealed (1.4.1994) by 1993 c. 35, ss. 307(1)(3), Sch. 19 para. 81, Sch. 21, Pt.II; S.I. 1994/507, art. 4, Sch. 2,Appendix

F4 Words in Sch. 2 para. 1(4) repealed by 1993 c. 35, ss. 266, 307(3), Sch. 16 para. 2(3), Sch. 21 Pt. II (with s. 307, Sch. 20, para. 6); (Sch. 16 of that Act, by virtue of which the specified words were omitted, was brought into force on 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; the repeal of the specified words was expressed to be brought into force on 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

F5 Sch. 2 para. 1(5) substituted (1.1.1994) by 1993 c. 35, s. 307, Sch. 16 para. 2(4)(with s. 266, Sch. 20 para. 6);S.I. 1993/3106, art. 4, Sch. 1

2 (1) An appeal pursuant to arrangements made by the governors of an aided or special agreement school under section 7(2) of this Act shall be to an appeal committee constituted in accordance with this paragraph.

[F6 (2) An appeal committee shall consist of—

(a) one person nominated by the governors from among persons who are eligible to be lay members; and

(b) two, four or six other members nominated by the governors from among persons appointed by them under this paragraph.

(2A) The governors shall not nominate under sub-paragraph (2)(a) above a person who falls within sub-paragraph (3)(a) or (b) below or is employed by the local education authority by which the school is maintained.

(2B) Sufficient persons may be appointed by the governors to enable two or more committees to sit at the same time.]

(3) The persons appointed [F7 by the governors]—

(a) may include one or more of the governors;

(b) shall include persons appointed from a list drawn up by the local education authority by whom the school is maintained; and

(c) shall not include any person employed by the authority otherwise than as a teacher.

[F8 (4) In an appeal committee—

(a) three members shall be nominated from among those mentioned in sub-paragraph (3)(b) above, in the case of a committee consisting of seven members;

(b) two members shall be so nominated, in the case of a committee consisting of five members; and

(c) one member shall be so nominated, in the case of a committee consisting of three members.]

(5) None of the governors shall be chairman of an appeal committee.

(6) A person shall not be a member of an appeal committee for the consideration of any appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.

(7) A person who is a teacher at a school shall not be a member of an appeal committee for the consideration of an appeal involving a question whether a child is to be admitted to that school.

Textual Amendments

F6 Sch. 2 para. 2(2)(2A)(2B) substituted (1.1.1994) for para. 2(2) by 1993 c. 35, s. 266, Sch. 16 para 3(1)(with s. 307, Sch. 20 para. 6); S.I. 1993/3106, art. 4, Sch. 1

F7 Words in Sch. 2 para. 2(3) inserted (1.1.1994) by 1993 c. 35, s. 266, Sch. 16 para. 3(2)(with s. 307, Sch. 20 para. 6); S.I. 1993/3106, art. 4, Sch.1

F8 Sch. 2 para. 2(4) substituted (1.1.1994) by 1993 c. 35, s. 266, Sch. 16 para. 3(3), (with s. 307, Sch. 20 para. 6); S.I. 1993/3106, art. 4, Sch. 1

3 An appeal pursuant to joint arrangements made by virtue of section 7(3) of this act by the governors of two or more schools shall be to an appeal committee consituted as provided in paragraph 2 above, taking references to the governors as references to the governors of both or all the schools.

4 An appeal committee constituted in accordance with paragraph 2 or 3 above shall be included in the bodies to which sections F9 . . . 174 of the M1 Local Government Act 1972 (allowances) apply.

Textual Amendments

F9 Words in Sch. 2 para. 4 repealed (1. 4. 1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(iii), (with savings in art. 3(2), Sch. 1 para. 1(1))

Marginal Citations

M1 1972 c. 70.

[F10 Lay Members] E+W

Textual Amendments

F10 Sch. 2 para. 4A inserted (1.1.1994) by 1993 c. 35, 266, 307, Sch. 16, para. 4 (with s. 307(2), Sch. 20 para. 6); S.I. 1993/3106, art. 4, Sch. 1

[F11 4A (1) A person is eligible to be a lay member for the purposes of paragraphs 1(2)(a) and 2(2)(a) above if—

(a) he is a person without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and

(b) he satisfies the conditions specified in sub-paragraph (2) below.

(2) Those conditions are—

(a) in the case of a person to be nominated as a lay member for the purposes of paragraph 1(2)(a) above, that he does not have, or has not at any time had, any connection with—

(i) the local education authority in question, or

(ii) any person who is a member of, or employed by, that authority,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority, and

(b) in the case of a person to be nominated as a lay member for the purposes of paragraph 2(2)(a) above, that he does not have, or has not at any time had, any connection with—

(i) the school in question, or

(ii) any person who is a member of, or employed by, the governing body of that school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.]

Textual Amendments

F11 Sch. 2 para. 4A inserted (1.1.1994) by 1993 c. 35, s. 266, Sch. 16, para. 4(with s. 307(2), Sch. 20, para. 6); S.I. 1993/3106, art. 4, Sch. 1

Part II E+W Procedure

Modifications etc. (not altering text)

C3 Pt. II extended with modifications by Education Act 1981 (c. 60, SIF 41:1), s. 8(3)

C4 Pt. II excluded by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 26(4)

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

6 An appeal committee shall afford the appellant an opportunity of appearing and making oral representations and may allow the appellant to be accompanied by a friend or to be represented.

7 The matters to be taken into account by an appeal committee in considering an appeal shall include—

(a) any preference expressed by the appellant in respect of the child as mentioned in section 6 of this Act; and

(b) the arrangements for the admission of pupils published by the local education authority or the governors under section 8 of this Act.

8 In the event of 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 equaility of votes the chairman of the committee shall have a second or casting vote.

9 The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to—

(a) the appellant and the local education authority; and

(b) in the case of an appeal to an appeal committee constituted in accordance with paragraph 2 or 3 above, to the governors by or on whose behalf the decision appealed against was made.

10 Appeals pursuant to arrangements made under section 7 of this Act shall be heard in private except when otherwise directed by the authority or governors by whom the arrangements are made but, without prejudice to paragraph 6 above, a member of the local education authority may attend as an observer any hearing of an appeal by an appeal committee constituted in accordance with paragraph 1 above and a member of the Council on Tribunals may attend as an observer any meeting of any appeal committee at which an appeal is considered.

11 Subject to paragraphs 5 to 10 above, all matters relating to the procedure on appeals pursuant to arrangements made under section 7 of this Act, including the time within which they are to be brought, shall be determined by the authority or governors by whom the arrangements are made; and neither section 106 of the M2 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 constituted in accordance with paragraph 1 above.

Marginal Citations

M2 1972 c. 70.