# The Education (Schools Conducted by Education Associations) (Initial Articles of Government) Regulations 1994, Appendix 2: APPEAL COMMITTEES: PROCEDURE


1 This Appendix shall have effect with respect to the procedure on an appeal to an appeal committee established in accordance with any arrangements made by the Education Association in pursuance of Articles 14 and 25.
2 An appeal shall be made by notice in writing setting out the grounds on which it is made.
3 (1) Subject to sub-paragraph (2) below, an appeal committee shall meet to consider an exclusion appeal—
(a) within the period ending with the fifteenth school day after the day on which the appeal is lodged; or
(b) if the Education Association has determined a shorter period, within that period.
(2) The Education Association may extend the period within which an appeal committee are to consider an appeal where—
(a) the pupil who is the subject of the appeal (if he is aged eighteen years or over) or his parent (if he is not) requests them to do so; and
(b) they are satisfied that the circumstances are exceptional and justify the period under sub-paragraph (1) above being extended.
(3) In this Appendix, “exclusion appeal” means an appeal against a decision of the Education Association under Article 13(1) not to reinstate a pupil following his permanent exclusion from the School.
4 (1) An appeal committee shall afford the appellant the opportunity of making representations including (if he so wishes) oral representations.
(2) An appeal committee shall afford the Head Teacher and a member of the Education Association the opportunity of making written representations.
(3) Where in accordance with sub-paragraph (1) above the appellant decides to appear before the appeal committee in order to make oral representations to them—
(a) they shall afford the Head Teacher and a member of the Education Association the opportunity of appearing and making oral representations;
(b) they may allow the appellant to be accompanied by a friend or to be represented; and
(c) they may allow the Education Association to be represented.
5 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.
6 The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to the appellant, the Education Association, the Head Teacher and, in the case of an exclusion appeal, the local education authority to whose area the pupil belongs.
7 (1) Subject to sub-paragraph (2) below, in the case of an exclusion appeal the decision of an appeal committee and the grounds on which it is made shall be communicated to the persons referred to in paragraph 6 above within—
(a) the period ending with the seventeenth school day after the day on which the appeal is lodged, or
(b) if the Education Association has determined a shorter period, that period.
(2) Where the Education Association extend the period for the consideration of an appeal in accordance with paragraph 3(2) above, they shall also (to the extent it appears to them to be necessary as a result of the extension of that period) extend the period within which the appeal committee are to communicate their decision.
8 All appeals shall be held in private except when otherwise directed by the Education Association, but any member of the Council on Tribunals may attend as an observer any meeting of an appeal committee at which an appeal is considered.
9 Two or more exclusion 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.
10 Subject to paragraphs 2 to 9 above, all matters relating to the procedure on appeals, including the time within which they are to be brought, shall be determined by the Education Association.
11 (1) Subject to sub-paragraph (2) below, where joint arrangements for appeals have been made in accordance with Article 14(2), paragraphs 2 to 10 above shall have effect in respect of any appeal made under these Articles to an appeal committee established in accordance with those arrangements.
(2) In the case of any appeal to which sub-paragraph (1) above applies, paragraphs 8 and 10 above shall have effect as if for “the Education Association” there were substituted the words “the education associations, or the Education Association or associations and the governing body or bodies of the other school or schools (as the case may be), which are parties to the arrangements, acting jointly”.

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Source: https://www.legislation.gov.uk/uksi/1994/2849/schedule/appendix/2 (the official version)
Page: https://openlegislation.uk/education-schools-conducted-by-education-associations-initial-articles-of-government-regulations-1994/schedule/appendix-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.