Education (No. 2) Act 1986

The articles of government for every county, controlled and maintained special school shall provide for it to be the duty of the local education authority, when (following the consideration which they are required to give to the case by virtue of section 24(a) of this Act) they inform a pupil, or a parent of his, of their decision that he should not be reinstated, to give to the pupil or (as the case may be) parent notice in writing—

• (a) of his right to appeal against the decision,

• (b) of the last date on which an appeal may be made calculated in accordance with paragraph 3A(1) below,

• (c) of the right of the pupil or (as the case may be) parent to give notice under paragraph 3A(2) below stating that he does not intend to appeal, and

• (d) that no appeal may be made after notice under paragraph 3A(2) below is given.

2

The articles of government for every aided and special agreement school shall provide for it to be the duty of the governing body, when (following the consideration which they are required to give to the case by virtue of section 25(a) of this Act) they inform a pupil, or a parent of his, of their decision that he should not be reinstated, to give to the pupil or (as the case may be) parent notice in writing—

• (a) of his right to appeal against the decision,

• (b) of the last date on which an appeal may be made calculated in accordance with paragraph 3A(1) below,

• (c) of the right of the pupil or (as the case may be) parent to give notice under paragraph 3A(2) below stating that he does not intend to appeal, and

• (d) that no appeal may be made after notice under paragraph 3A(2) below is given.

3

• (1) Where, in accordance with any provision of the articles of government of any school made by virtue of section 24(a) of this Act, the local education authority give a direction to the head teacher of the school for the reinstatement of any pupil who has been excluded, the direction shall not have effect for a period ending with the fifth school day ending after the governing body are informed of the direction by the authority unless, within that period, the governing body inform the authority that they do not intend to appeal against the direction.

• (2) Where, before the end of that period, the governing body lodge an appeal against the direction in accordance with the relevant arrangements—

• (a) the local education authority shall before the end of the fourth school day after the day on which the appeal is lodged, inform the pupil (if he is aged eighteen or over) or his parent (if he is under eighteen) of his right to make representations to the appeal committee; and

• (b) the direction shall not have effect unless it is confirmed by the appeal committee or the appeal is withdrawn.

• (3) No appeal against such a direction may be made by the governing body after the direction has taken effect.

4

Part I of Schedule 2 of the 1980 Act (constitution of appeal committees) shall have effect in relation to appeals with the necessary modifications.

5

The Secretary of State may by order amend this Schedule.

Procedure

6

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

7

On an appeal by a pupil or parent, the appeal committee—

• (a) shall afford the appellant an opportunity of appearing and making oral representations;

• (b) may allow him to be accompanied by a friend or to be represented; and

• (c) shall allow—

• (i) the local eduction authority and the governing body to make written representations to the committee; and

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

8

On an appeal by a governing body, the appeal committee—

• (a) shall afford a governor nominated by the governing body an opportunity of appearing and making oral representations;

• (b) shall afford the governing body an opportunity to be represented;

• (c) shall allow the pupil, if he is aged eighteen or over, or a parent of his, if he is under eighteen, to make written representations to the committee and to appear and make oral representations; and

• (d) shall allow the local education authority to make written representations and an officer of the authority nominated by them to appear and make oral representations.

9

(1)The body responsible for making any arrangements under section 26 of this Act shall, in setting any time limits in connection with appeals, have regard to the desirability of securing that appeals are disposed of without delay.

• (2) The body responsible for making any arrangements under section 26 of this Act may when requested to do so by a pupil (if he is aged eighteen or over) or a parent of his (if he is under eighteen) who has appealed under section 26(1)(a) or (2) of this Act, in exceptional circumstances extend any period in which an appeal committee may hear an appeal and for communicating its decision.

10

In considering any appeal, the appeal committee shall take into account (amongst other things) any representations made to it by any of the persons whom it is required to afford an opportunity to make representations.

11

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

12

Within—

• (a) the period ending with the seventeenth school day after the day on which the appeal is lodged, or

• (b) if the body responsible for making any arrangements under section 26 of this Act has determined a shorter period, that period,

the decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to the pupil (if he is aged eighteen or over) or a parent of his (if he is under eighteen) and to the local education authority and governing body.

13

All appeals shall be heard in private except when otherwise directed by the authority or governing body by whom the arrangements are made but, without prejudice to any of the provisions of this Schedule—

• (a) a member of the local education authority may attend any hearing of an appeal by an appeal committee, as an observer; and

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

14

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

15

Subject to the preceding provisions of this Schedule, all matters relating to the procedure on appeals, including the time within which they are to be brought, shall be determined by the authority or governing body by whom the arrangements are made; and neither section 106 of the Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee constituted in accordance with Part I of Schedule 2 to the Act of 1980.

16

In this Schedule references to appeals are to appeals under section 26 of this Act.

SCHEDULE 4

The Education Act 1944 (c.31)

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The Education Act 1962 (c.12)

3

In section 4(5) of the Education Act 1962 (meaning of “training” in relation to grants for training of teachers) for “section 2 and 3” there shall be substituted “section 2”.

The Education (No.. 2) Act 1968 (c.37)

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The Local Government Act 1974 (c.7)

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The Sex Discrimination Act 1975 (c.65)

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The Local Government, Planning and Land Act 1980 (c.65)

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SCHEDULE 5

Instruments of government for certain existing schools

1

• (1) Section 1 of this Act shall not require the making of an instrument of government for any aided or special agreement school in respect of which there is in force, at the time when that section comes into force, and continues in force, an instrument under which its governing body is constituted; but this paragraph shall cease to apply to any such school if it is grouped with another school under section 9 of this Act.

• (2) Any such instrument shall, after the commencement of section 1, be treated for the purposes of this Act as having been made by order under that section.

Grouping

2

Where a local education authority propose to group two or more schools which are subject to an arrangement under section 3 of the 1980 Act (the “section 3 schools”), the references in subsections (5) and (6) of section 10 of this Act to the governing body of each of the schools concerned shall be construed as references to the persons deemed to be governors of the section 3 schools by section 3(7) of the 1980 Act.

Recommendations by outgoing governing bodies

3

• (1) The governing body for any county, controlled or maintained special school which is constituted under an instrument of government or arrangement in force immediately before section 1 of this Act comes into force shall recommend (with reasons) to any governing body who will succeed them persons who belong to the community served by the school and who are, in their opinion, suitable for appointment as co-opted members of their successor.

• (2) Before making any recommendations under sub-paragraph (1) above, a governing body shall consult representatives of the local business community.

SCHEDULE 6

Part I — Enactments Repealed

Part II — Instruments Revoked

Instruments of government and articles of government.

Governing bodies for county, controlled and maintained special schools.

4A

• (1) The instrument of government for any aided secondary school shall, if a direction under this section so requires—

• (a) name as a sponsor of the school a person specified in the direction, and

• (b) provide for the governing body of the school to include such number of governors appointed by the sponsor, not exceeding four, as is so specified.

• (2) A direction under this section in respect of a school, other than a direction under subsection (4) or (5) below—

• (a) may only be given at the request, or with the consent, of the governing body, and

• (b) may make provision (including the modification of any provision made by or under this Act) as to the time by which a new instrument of government is to be made and the consent and consultation which is to be required before it is made.

• (3) A direction under this section varying or revoking a previous direction—

• (a) may only be made after consulting the governing body, and

• (b) may make provision (including the modification of any provision made by or under this Act) as to the time by which a new instrument of government is to be made and the consent and consultation which is to be required before it is made.

• (4) Where proposals approved under section 13 of the Education Act 1980 (establishment and alteration of voluntary schools)—

• (a) provide for a secondary school to be maintained by the local education authority as a voluntary school,

• (b) name a person as a sponsor of the school, and

• (c) provide for the governing body of the school to include a specified number of governors, not exceeding four, appointed by the sponsor,

the Secretary of State shall, if he makes an order under section 15 of the Education Act 1944 (classification of schools) directing that the school be an aided school, give a direction under this section for the purpose of implementing the proposals.

• (5) Where an order under section 54 of this Act directs that a secondary school be an aided school and the proposals published by the governing body under that section—

• (a) name a person as a sponsor of the school, and

• (b) provide for the governing body of the school to include a specified number of governors, not exceeding four, appointed by the sponsor,

the Secretary of State shall give a direction under this section for the purpose of implementing the proposals.

• (6) Where the instrument of government for any aided secondary school names two or more persons as sponsors of the school—

• (a) the number of governors appointed under the instrument by virtue of this section may not exceed four, and

• (b) the instrument may not provide for any of those governors to be appointed by two or more sponsors acting jointly.

• (7) Where in pursuance of this section the instrument of government for a school names a person as a sponsor of the school, section 4(3)(a) of this Act shall have effect as if it required the instrument to provide for such number of foundation governors as will lead to their outnumbering the other governors by two.

• (8) In this section “direction” means a direction contained in an order made by the Secretary of State; but section 63(1) of this Act shall not apply to the power of the Secretary of State to make orders under this section.

General responsibility for conduct of certain schools.

16A

• (1) The governing body of any county, voluntary or maintained special school shall be responsible for determining whether or not to provide—

• (a) part-time education suitable to the requirements of persons of any age over compulsory school age; or

• (b) full-time education suitable to the requirements of persons who have attained the age of nineteen years,

but the governing body of a maintained special school shall not determine to provide, or to cease to provide, such education without the consent of the local education authority.

• (2) It shall be the duty of the governing body of any such school which provides such education to secure that such education is not provided at any time in a room where pupils are at that time being taught except in such circumstances as may be prescribed.

Terms, holidays and sessions.

Freedom of speech in universities, polytechnics and colleges.

46A

Orders and regulations.

3A

• (1) No appeal under section 26(1)(a) or (2) of this Act against a decision not to reinstate a pupil may be made after the fifteenth school day after the day on which the pupil (if he is aged eighteen or over) or a parent of his (if he is under eighteen) is given notice in writing in accordance with paragraph 1 or 2 above.

• (2) Any notice in writing given to the body responsible for making any arrangements under section 26 of this Act by a pupil (if he is aged eighteen or over) or a parent of his (if he is under eighteen) stating that he does not intend to appeal against a decision not to reinstate the pupil shall be final.

• (3) The time limit for appealing under section 26 of this Act shall be treated as having expired on the day on which notice is given under sub-paragraph (2), if earlier than the day after which no appeal may be made referred to in sub-paragraph (1).

6A

The appeal committee shall meet to consider an appeal—

• (a) within the period ending with the fifteenth school day after the day on which the appeal is lodged, or

• (b) if the body responsible for making any arrangements under section 26 of this Act has determined a shorter period, within that period.

17

• (1) Where in accordance with paragraph 1 or 2 above notice in writing is required to be given to a person, that notice may be given either by delivering the notice to the person’s last known address or by properly addressing, pre-paying and sending by first class post a letter containing the notice to the person’s last known address.

• (2) For the purposes of calculating a period referred to in paragraph 3A(1) above, notice shall be taken to have been given—

• (a) where first class post is used, on the second school day after the date of posting, unless the contrary is shown, and

• (b) where the notice is delivered, on the date of delivery, unless the contrary is shown.

Editorial notes