SCHEDULES
F1Schedule 33A
F2Procedure on an appeal
Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt. II
F34
In the following provisions of this Schedule—
“appeal” means an appeal under section 423A(2); and
“appeal committee” means such an appeal committee as is mentioned in paragraph 3(4) above.
F45
An appeal shall be by notice in writing setting out the grounds on which it is made.
F56
The appeal committee shall meet to consider an appeal—
a
within the period ending with the 15th school day after the day on which the appeal is lodged, or
b
if the local education authority have determined a shorter period, within that period.
F67
On an appeal the committee shall allow—
a
the local education authority and the governing body to make written representations;
b
an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations; and
c
the governing body to be represented.
F78
In considering an appeal the appeal committee shall have regard to—
a
the reasons for the local education authority’s decision that the child in question should be admitted; and
b
any reasons put forward by the governing body as to why the child’s admission would be inappropriate.
F89
Appeals shall be heard in private except when otherwise directed by the local education authority, but any member of the local education authority or of the Council on Tribunals may attend, as an observer, any meeting of an appeal committee at which an appeal is considered.
F910
Two or more appeals may be combined and dealt with in the same proceedings if the appeal committee consider that it is expedient to do so because the issues raised by the appeals are the same or connected.
F1011
In the event of a 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 equality of votes, the chairman of the committee shall have a second or casting vote.
F1112
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 local education authority, and
b
the governing body making the appeal,
within the period ending with the 17th school day after the day on which the appeal is lodged.
F1213
1
Subject to paragraphs 5 to 12, all matters relating to the procedure on appeals shall be determined by the local education authority.
2
Neither section 106 of the M1Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee.
Sch. 33A repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(c), Sch. 31 (with ss. 138(9), 144(6) and with savings in S.I. 1999/1016, art. 6, Sch. 4 para. 8); S.I. 1999/1016, art. 2(3), Sch. 3