Education Act 1996

Appeal arrangements made by local education authorities

1 (1) An appeal pursuant to arrangements made by a local education authority under section 423(1) shall be to an appeal committee constituted in accordance with this paragraph.

(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 sub-paragraph (3).

(3) The persons appointed by the authority under this sub-paragraph shall comprise—

(a) members of the authority, and

(b) persons who are not members of the authority 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) Sufficient persons may be appointed by the authority under sub-paragraph (3) to enable two or more appeal committees to sit at the same time.

(5) The authority shall not nominate a person under sub-paragraph (2)(a) if he is a member of the authority or is employed by them.

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

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

(8) A person shall not be a member of an appeal committee for the consideration of an 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.

(9) 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.