[F128L ExclusionsE+W+S
(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 [F2section 52(3)(c) of the Education Act 2002], or
(b)under an agreement entered into between the responsible body for [F3an 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 [F4section 52(3)(c) of the Education Act 2002];
(b)a decision not to reinstate a pupil who has been permanently excluded from [F3an 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 [F5section 19 of the Education Act 2002].
(7)“Maintained school” has the meaning given in section 28Q(5).]
Textual Amendments
F1S. 28L inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 21 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
F2Words in s. 28L(2)(a)(5)(a) substituted (20.1.2003 for E. and 9.1.2004 in relation to W. by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 27(2) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/2961, art. 7, Sch. Pt. 4
F3Words in s. 28L(2)(b)(5)(b) substituted (26.7.2002) by 2002 c. 32, s. 65, Sch. 7 para. 5(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2
F4Words in s. 28L(2)(a)(5)(a) substituted (20.1.2003 for E. and 1.9.2004 in relation to W. by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 27(2) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/2961, art. 7, Sch. Pt. 4
F5Words in s. 28L(6) substituted (1.9.2003 except in relation to W. and 31.10.2005 for W.) by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 27(3) (with ss. 210(8), 214(4); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.