School Standards and Framework Act 1998

Procedure on an appeal E+W

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[F1 In the following provisions of this Schedule—

• “appeal” means an appeal under section 95(2); and

• “appeal panel” means such an appeal panel as is mentioned in paragraph 3(3) above.]

Textual Amendments

F1 Sch. 25 repealed (20.1.2003 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch.)

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[F2 An appeal shall be by notice in writing setting out the grounds on which it is made.]

Textual Amendments

F2 Sch. 25 repealed (20.1.2003 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch.)

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6 [F3 (1) The appeal panel shall meet to consider an appeal on such date as the local education authority may determine. E+W

(2) The date so determined must not be later than the 15th school day after the day on which the appeal is lodged.]

Textual Amendments

F3 Sch. 25 repealed (20.1.2003 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch.)

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[F4 On an appeal the panel 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.]

Textual Amendments

F4 Sch. 25 repealed (20.1.2003 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch.)

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[F5 In considering an appeal the appeal panel 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.]

Textual Amendments

F5 Sch. 25 repealed (20.1.2003 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch.)

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[F6 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.]

Textual Amendments

F6 Sch. 25 repealed (20.1.2003 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch.)

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[F7 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.]

Textual Amendments

F7 Sch. 25 repealed (20.1.2003 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch.)

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[F8 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.]

Textual Amendments

F8 Sch. 25 repealed (20.1.2003 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch.)

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[F9 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 local education authority and the governing body, and

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

Textual Amendments

F9 Sch. 25 repealed (20.1.2003 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch.)

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[F10 Subject to paragraphs 5 to 12, all matters relating to the procedure on appeals shall be determined by the local education authority.]

Textual Amendments

F10 Sch. 25 repealed (20.1.2003 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch.)