The Education (Admissions Appeals Arrangements) (England) Regulations 2002

Arrangments made by a governing body

2.—(1) Where the arrangements are those referred to in regulation 3(b), a panel shall consist of three or five members appointed by the governing body from—

(a) persons who are eligible to be lay members; and

(b) persons who have experience in education, are acquainted with educational conditions in the area of the authority or are parents of registered pupils at a school.

(2) Of the members of an appeal panel—

(a) at least one must be a person who is eligible to be a lay member and is appointed as such; and

(b) at least one must be a person falling within sub-paragraph (1)(b).

(3) For the purposes of this paragraph a person is eligible to be a lay member if he is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such exprience as a governor or in any other voluntary capacity).

(4) Sufficient persons may be appointed by the governing body under this paragraph to enable two or more appeal panels to sit at the same time.

(5) No person shall be a member of an appeal panel if he is disqualified by virtue of sub-paragraph (6).

(6) The following persons are disqualified from membership of an appeal panel—

(a) any member of the local education authority by whom the school is maintained or of the governing body;

(b) any person employed by the authority or the governing body, other than a person employed as a teacher;

(c) any person who has, or at any time has had, any connection with the authority or the school, or with any person within paragraph (b), of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority or the school.

(7) A person employed as a teacher by the authority shall not be taken, by reason only of that employment, to have such a connection with the authority as is mentioned in sub-paragraph (6)(c).

(8) A person who is a teacher at a school shall not be a member of an appeal panel for the consideration of an appeal involving a question whether a child is to be admitted to that school.

(9) Where, at any time after an appeal consisting of five members have begun to consider an appeal, any of the members—

(a) dies, or

(b) become unable through illness to continue as a member,

the panel may continue with their consideration and determination of the appeal so long at the number of the remaining members is not less than three and the requirements of sub-paragraph (2) are satisfied.