C1Part IV Education
F2Chapter 1 SCHOOLS
Pt. IV: Chapter heading, cross-heading and s. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
F1Enforcement: England and Wales
Pt. IV Ch. 1: Cross-heading and s. 28H inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 17(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
28LF3 Exclusions
1
If the condition mentioned in subsection (2) is satisfied, this section applies to a claim in relation to an exclusion decision that a responsible body—
a
has discriminated against a person (“A”) in a way which is made unlawful under this Chapter; or
b
is by virtue of section 58 to be treated as having discriminated against a person (“A”) in such a way.
2
The condition is that arrangements (“appeal arrangements”) have been made—
a
under F4section 52(3)(c) of the Education Act 2002, or
b
under an agreement entered into between the responsible body for F5an Academy and the Secretary of State under section 482 of the Education Act 1996,
enabling an appeal to be made against the decision by A or by his parent.
3
The claim must be made under the appeal arrangements.
4
The body hearing the claim has the powers which it has in relation to an appeal under the appeal arrangements.
5
“Exclusion decision” means—
a
a decision of a kind mentioned in F6section 52(3)(c) of the Education Act 2002;
b
a decision not to reinstate a pupil who has been permanently excluded from F5an Academy by its head teacher, taken by the responsible body or on its behalf.
6
“Responsible body”, in relation to a maintained school, includes the discipline committee of the governing body if that committee is required to be established as a result of regulations made under F7section 19 of the Education Act 2002.
7
“Maintained school” has the meaning given in section 28Q(5).
Pt. 4: power to amend or repeal Pt. 4 conferred (W.) (prosp.) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26