The Education (Groups of Grant-maintained Schools) (Initial Governing Instruments) Regulations 1994

APPENDIX 3 CONSTITUTION OF APPEAL COMMITTEES

1.  An appeal pursuant to arrangements made by the Governing Body in accordance with the provisions of the articles of government for the School made in pursuance of paragraph 5 of Schedule 6 to the 1993 Act shall be to an appeal committee constituted in accordance with this Appendix.

2.  An appeal committee shall consist of—

(a) one person nominated by the Governing Body from among persons who are eligible to be lay members, and

(b) two, four or six other members nominated by the Governing Body from persons appointed by them in accordance with paragraph 7(1) below.

3.  The Governing Body shall not nominate under paragraph 2(a) above a person who falls within paragraph 7(1)(b) below.

4.  In an appeal committee—

(a) three members shall be nominated from among those appointed under paragraph 7(1)(b) below, in the case of a committee consisting of seven members;

(b) two members shall be so nominated, in the case of a committee consisting of five members; and

(c) one member shall be so nominated, in the case of a committee consisting of three members.

5.  Sufficient persons may be appointed by the Governing Body to enable two or more committees to sit at the same time.

6.  A person is eligible to be a lay member for the purposes of paragraph 2(a) above if—

(a) he is a person without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and

(b) he does not have, or has not at any time had, any connection with—

(i) the School, or

(ii) any person who is a member of, or employed by, the Governing Body,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the School.

7.—(1) Subject to sub-paragraphs (2) and (3) below, the persons appointed—

(a) may include one or more members of the Governing Body, and

(b) where the appeal relates to a special school shall include persons who—

(i) have experience in the provision of education for children with special educational needs;

(ii) are parents of one or more children of compulsory school age with special educational needs; or

(iii) are acquainted with the conditions in the area relating to the provisions of education for children with special educational needs; or

(c) where sub-paragraph (b) above does not apply, shall include persons who have experience in education, are acquainted with the educational conditions in the area or are parents of registered pupils at the School.

(2) A person shall not be appointed in pursuance of sub-paragraph (1) above, if he is employed as a teacher or otherwise at the School.

(3) A person shall not be appointed in pursuance of sub-paragraph (1)(b) above, if he—

(a) has ever been a member of the Governing Body, or

(b) is a parent of a registered pupil at the School.

8.  A person shall not be a member of an appeal committee for the consideration of any 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.—(1) Subject to sub-paragraph (2) below, the members of an appeal committee shall appoint a person from among their number to be chairman of the committee.

(2) None of the members of the Governing Body may be chairman of an appeal committee.

10.  The members of the appeal committee shall select a person, who is not from among their number, to act as the clerk to the committee; and the Governing Body shall appoint any person who has been so selected so to act.

11.  The Governing Body shall have power to pay to the members of an appeal committee such travelling, subsistence or other allowances as they may determine.

12.  An appeal pursuant to joint arrangements made by virtue of paragraph 5(2) of Schedule 6 to the 1993 Act by the Governing Body and the governing body of one or more other grant-maintained schools shall be to an appeal committee constituted as provided in the preceding paragraphs of this Appendix, save that references to the Governing Body shall have effect as if they were references to the Governing Body and the governing body of every other school, which is a party to the arrangements, acting jointly.