28L Exclusions

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 section 67(1) of the School Standards and Framework Act 1998, or

b

under an agreement entered into between the responsible body for a city 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 section 67(1) of the School Standards and Framework Act 1998;

b

a decision not to reinstate a pupil who has been permanently excluded from a city 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 paragraph 4 of Schedule 11 to the School Standards and Framework Act 1998.

7

“Maintained school” has the meaning given in section 28Q(5).