School Standards and Framework Act 1998

Valid from 01/09/1999

Procedure on an appeal E+W

6 In the following provisions of this Schedule “appeal” means an appeal under section 67(1).

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

8 (1) The appeal panel shall meet to consider an appeal on such date as the local education authority may determine.

(2) Subject to sub-paragraph (3), the date so determined must not be later than the closing date for appeals, namely the 15th school day after the day on which the appeal is lodged.

(3) If the relevant person requests the local education authority to do so, they may in exceptional circumstances determine under sub-paragraph (1) a date later than the closing date for appeals.

9 (1) For the purpose of fixing the time (in accordance with paragraph 8) at which the hearing of an appeal is to take place, the local education authority shall take reasonable steps to ascertain any times falling on or before the closing date for appeals when—

(a) the relevant person, or

(b) any other person who wishes, and would be entitled, to appear and make oral representations in accordance with paragraph 10,

would be unable to attend.

(2) Where in accordance with sub-paragraph (1) the authority have ascertained any such times in the case of any such person, they shall, when fixing the time at which the hearing is to take place, take those times into account with a view to ensuring, so far as it is reasonably practicable to do so, that that person is able to appear and make such representations at the hearing.

10 (1) The appeal panel shall give the relevant person an opportunity of appearing and making oral representations, and shall allow him to be represented or to be accompanied by a friend.

(2) The panel shall also allow—

(a) the head teacher to make written representations and to appear and make oral representations,

(b) the local education authority and the governing body to make written representations,

(c) an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations, and

(d) the governing body to be represented.

11 Appeals shall be heard in private except when the local education authority direct otherwise; but—

(a) if the panel so direct, one member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal panel; and

(b) one member of the Council on Tribunals may attend, as an observer, any meeting of an appeal panel at which an appeal is considered.

12 Two or more appeals may be combined and dealt with in the same proceedings if the appeal panel consider that it is expedient to do so because the issues raised by the appeals are the same or connected.

13 In the event of a disagreement between the members of an appeal panel, 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 panel shall have a second or casting vote.

14 The decision of an appeal panel and the grounds on which it is made shall—

(a) be communicated by the panel in writing to the relevant person, the local education authority, the governing body and the head teacher, and

(b) be so communicated by the end of the second school day after the conclusion of the hearing of the appeal.

15 (1) Subject to paragraphs 7 to 14, all matters relating to the procedure on appeals shall be determined by the local education authority.

(2) The local education authority shall, in setting any time limits in connection with appeals, have regard to the desirability of securing that appeals are disposed of without delay.