School Standards and Framework Act 1998 (c. 31)

(The document as of February, 2008)

-- Back --

Page 19

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27

1 (1) No appeal under section 67(1) against a decision not to reinstate a pupil may be made after the 15th school day after the day on which the relevant person is given notice in writing under section 66(6)(b).

(2) Any notice in writing given by the relevant person to the local education authority which states that he does not intend to appeal against a decision not to reinstate the pupil shall be final.

Constitution of appeal panels

2 (1) An appeal pursuant to arrangements made by a local education authority under section 67(1) shall be to an appeal panel constituted in accordance with this paragraph.

(2) An appeal panel shall consist of three or five members appointed by the authority 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.

(3) 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 (2)(b).

(4) 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 experience as a governor or in any other voluntary capacity).

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

(6) No person shall be a member of an appeal panel if he is disqualified by virtue of sub-paragraph (7).

(7) The following persons are disqualified for membership of an appeal panel--

(a) any member of the authority or of the governing body of the school in question;

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

(i) the authority or the school, or with any person within paragraph (b), or

(ii) the pupil in question or the incident leading to his exclusion,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority, the school or the pupil in question.

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

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

(a) dies, or

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

the panel may continue with their consideration and determination of the appeal so long as the number of the remaining members is not less than three and the requirements of sub-paragraph (3) are satisfied.

Allowances for members

3 (1) For the purpose of the payment of financial loss allowance under section 173(4) of the [1972 c. 70.] Local Government Act 1972, that provision shall apply, with any necessary modifications, to any member of an appeal panel constituted in accordance with paragraph 2 as it applies to any member of a parish or community council; and such an appeal panel shall be included in the bodies to which section 174 of that Act (travelling and subsistence allowances) applies.

(2) In section 174(1) of that Act, in its application to a panel in accordance with sub-paragraph (1), the reference to payments at rates determined by the body in question shall be read as a reference to payments at rates determined by the local education authority.

Duty to advertise for lay members

4 Regulations may require any local education authority who are required by section 67(1) to make arrangements under that provision--

(a) to advertise, in such manner and at such times as may be prescribed, for persons eligible to be lay members of any appeal panel required to be constituted for the purposes of such arrangements to apply to the authority for appointment as such members, and

(b) in appointing persons as such members, to consider any persons eligible to be so appointed who have applied to the authority in response to an advertisement placed in pursuance of sub-paragraph (a) above.

Indemnity

5 Any local education authority required to make arrangements under section 67(1) shall indemnify the members of any appeal panel required to be constituted for the purposes of those arrangements against any reasonable legal costs and expenses reasonably incurred by those members in connection with any decision or action taken by them in good faith in pursuance of their functions as members of that panel.

Procedure on an appeal

6 In the following provisions of this Schedule "appeal" means an appeal under section 67(1).

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

8 (1) The appeal panel shall meet to consider an appeal on such date as the local education authority may determine.

(2) Subject to sub-paragraph (3), the date so determined must not be later than the closing date for appeals, namely the 15th school day after the day on which the appeal is lodged.

(3) If the relevant person requests the local education authority to do so, they may in exceptional circumstances determine under sub-paragraph (1) a date later than the closing date for appeals.

9 (1) For the purpose of fixing the time (in accordance with paragraph 8) at which the hearing of an appeal is to take place, the local education authority shall take reasonable steps to ascertain any times falling on or before the closing date for appeals when--

(a) the relevant person, or

(b) any other person who wishes, and would be entitled, to appear and make oral representations in accordance with paragraph 10,

would be unable to attend.

(2) Where in accordance with sub-paragraph (1) the authority have ascertained any such times in the case of any such person, they shall, when fixing the time at which the hearing is to take place, take those times into account with a view to ensuring, so far as it is reasonably practicable to do so, that that person is able to appear and make such representations at the hearing.

10 (1) The appeal panel shall give the relevant person an opportunity of appearing and making oral representations, and shall allow him to be represented or to be accompanied by a friend.

(2) The panel shall also allow--

(a) the head teacher to make written representations and to appear and make oral representations,

(b) the local education authority and the governing body to make written representations,

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

(d) the governing body to be represented.

11 Appeals shall be heard in private except when the local education authority direct otherwise; but--

(a) if the panel so direct, one member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal panel; and

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

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

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

14 The decision of an appeal panel and the grounds on which it is made shall--

(a) be communicated by the panel in writing to the relevant person, the local education authority, the governing body and the head teacher, and

(b) be so communicated by the end of the second school day after the conclusion of the hearing of the appeal.

15 (1) Subject to paragraphs 7 to 14, all matters relating to the procedure on appeals shall be determined by the local education authority.

(2) The local education authority shall, in setting any time limits in connection with appeals, have regard to the desirability of securing that appeals are disposed of without delay.

Notices

16 (1) Where in accordance with section 66(6)(b) notice in writing is required to be given to a person, the notice may be given either--

(a) by delivering it to the person's last-known address, or

(b) by properly addressing, pre-paying and sending by first class post to the person's last-known address a letter containing the notice.

(2) For the purposes of calculating the period referred to in paragraph 1(1), a 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, or

(b) where the notice is delivered, on the date of delivery,

unless (in either case) the contrary is shown.

Meaning of "the relevant person"

17 In this Schedule "the relevant person" means--

(a) in relation to a pupil under the age of 18, a parent of his;

(b) in relation to a pupil who has attained that age, the pupil himself.

Power of Secretary of State to make amendments

18 The Secretary of State may by order make such amendments of this Schedule as he considers expedient.

Section 69.

SCHEDULE 19 Required provision for religious education

Introductory

1 (1) In this Schedule "the required provision for religious education", in relation to a school, means the provision for pupils at the school which is required by section 352(1)(a) of the [1996 c. 56.] Education Act 1996 to be included in the school's basic curriculum.

(2) In this Schedule "agreed syllabus" has the meaning given by section 375(2) of that Act.

Community schools and foundation and voluntary schools without a religious character

2 (1) This paragraph applies to--

(a) any community school; and

(b) any foundation or voluntary school which does not have a religious character.

(2) Subject to sub-paragraph (4), the required provision for religious education in the case of pupils at the school is provision for religious education in accordance with an agreed syllabus adopted for the school or for those pupils.

(3) If the school is a secondary school so situated that arrangements cannot conveniently be made for the withdrawal of pupils from it in accordance with section 71 to receive religious education elsewhere and the local education authority are satisfied--

(a) that the parents of any pupils at the school desire them to receive religious education in the school in accordance with the tenets of a particular religion or religious denomination, and

(b) that satisfactory arrangements have been made for the provision of such education to those pupils in the school, and for securing that the cost of providing such education to those pupils in the school will not fall to be met from the school's budget share or otherwise by the authority,

the authority shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) provide facilities for the carrying out of those arrangements.

(4) If immediately before the appointed day the school was a grant-maintained school (within the meaning of the [1996 c. 56.] Education Act 1996), and in relation to the school or any pupils at the school the appropriate agreed syllabus as defined by section 382 of that Act was a syllabus falling within subsection (1)(c) of that section, then until--

(a) the end of such period as the Secretary of State may by order prescribe, or

(b) such earlier date as the governing body may determine,

the required provision for religious education in the case of the school or (as the case may be) those pupils is provision for religious education in accordance with that syllabus.

(5) No agreed syllabus shall provide for religious education to be given to pupils at a school to which this paragraph applies by means of any catechism or formulary which is distinctive of a particular religious denomination (but this is not to be taken as prohibiting provision in such a syllabus for the study of such catechisms or formularies).

Foundation and voluntary controlled schools with a religious character

3 (1) This paragraph applies to any foundation or voluntary controlled school which has a religious character.

(2) Subject to sub-paragraph (4), the required provision for religious education in the case of pupils at the school is provision for religious education--

(a) in accordance with any arrangements made under sub-paragraph (3), or

(b) subject to any such arrangements, in accordance with an agreed syllabus adopted for the school or for those pupils.

(3) Where the parents of any pupils at the school request that they may receive religious education--

(a) in accordance with any provisions of the trust deed relating to the school, or

(b) where provision for that purpose is not made by such a deed, in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4),

the foundation governors shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for securing that such religious education is given to those pupils in the school during not more than two periods in each week.

(a) the end of such period as the Secretary of State may by order prescribe, or

(b) such earlier date as the governing body may determine,

that syllabus shall be treated for the purposes of sub-paragraph (2)(b) as an agreed syllabus adopted for the school or (as the case may be) those pupils.

Voluntary aided schools with a religious character

4 (1) This paragraph applies to any voluntary aided school which has a religious character.

(2) The required provision for religious education in the case of pupils at the school is provision for religious education--

(a) in accordance with any provisions of the trust deed relating to the school, or

(b) where provision for that purpose is not made by such a deed, in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4), or

(3) Where the parents of any pupils at the school--

(a) desire them to receive religious education in accordance with any agreed syllabus adopted by the local education authority, and

(b) cannot with reasonable convenience cause those pupils to attend a school at which that syllabus is in use,

the governing body shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for religious education in accordance with that syllabus to be given to those pupils in the school.

(4) Religious education under any such arrangements shall be given during the times set apart for the giving of religious education in the school in accordance with the provision for that purpose included in the school's basic curriculum by virtue of section 352(1)(a) of the [1996 c. 56.] Education Act 1996.

(5) Any arrangements under sub-paragraph (3) shall be made by the governing body, unless the local education authority are satisfied that the governing body are unwilling to make them, in which case they shall be made by the authority.

(6) Subject to sub-paragraph (3), the religious education given to pupils at the school shall be under the control of the governing body.

Section 70.

SCHEDULE 20 Collective worship

Introductory

1 In this Schedule "the required collective worship", in relation to a school, means the collective worship in that school which is required by section 70.

General provisions as to collective worship

2 (1) This paragraph applies to any community, foundation or voluntary school.

(2) The arrangements for the required collective worship may, in respect of each school day, provide for a single act of worship for all pupils or for separate acts of worship for pupils in different age groups or in different school groups.

(3) For the purposes of sub-paragraph (2) a "school group" is any group in which pupils are taught or take part in other school activities.

(4) Subject to sub-paragraph (6), the arrangements for the required collective worship shall be made--

(a) if the school is a community school or a foundation school which does not have a religious character, by the head teacher after consulting the governing body;

(b) if the school is a foundation school which has a religious character or a voluntary school, by the governing body after consulting the head teacher.

(5) Subject to sub-paragraph (6), the required collective worship shall take place on the school premises.

(6) If the governing body of a community, foundation or voluntary school are of the opinion that it is desirable that any act of collective worship in the school required by section 70 should, on a special occasion, take place elsewhere than on the school premises, they may, after consultation with the head teacher, make such arrangements for that purpose as they think appropriate.

(7) The powers of a governing body under sub-paragraph (6) shall not be exercised so as to derogate from the rule that the required collective worship must normally take place on the school premises.

Nature of collective worship in community schools and foundation schools without a religious character

3 (1) This paragraph applies to--

(a) any community school; and

(b) any foundation school which does not have a religious character.

(2) Subject to paragraph 4, the required collective worship shall be wholly or mainly of a broadly Christian character.

(3) For the purposes of sub-paragraph (2), collective worship is of a broadly Christian character if it reflects the broad traditions of Christian belief without being distinctive of any particular Christian denomination.

(4) Not every act of collective worship in the school required by section 70 need comply with sub-paragraph (2) provided that, taking any school term as a whole, most such acts which take place in the school do comply with that sub-paragraph.

(5) Subject to sub-paragraphs (2) and (4)--

(a) the extent to which (if at all) any acts of collective worship required by section 70 which do not comply with sub-paragraph (2) take place in the school,

(b) the extent to which any act of collective worship in the school which complies with sub-paragraph (2) reflects the broad traditions of Christian belief, and

shall be such as may be appropriate having regard to any relevant considerations relating to the pupils concerned which fall to be taken into account in accordance with sub-paragraph (6).

(6) Those considerations are--

(a) any circumstances relating to the family backgrounds of the pupils which are relevant for determining the character of the collective worship which is appropriate in their case, and

(b) their ages and aptitudes.

(7) In this paragraph references to acts of collective worship in the school include such acts which by virtue of paragraph 2(6) take place otherwise than on the school premises.

Disapplication of requirement under paragraph 3(2)

4 (1) This paragraph applies where a standing advisory council on religious education have determined (under section 394 of the [1996 c. 56.] Education Act 1996) that it is not appropriate for the requirement imposed by paragraph 3(2) to apply in the case of any school to which paragraph 3 applies or in the case of any class or description of pupils at any such school.

(2) While the determination has effect--

(a) paragraph 3 shall not apply in relation to the school or (as the case may be) the pupils in question, and

(b) the collective worship required by section 70 in the case of the school or pupils shall not be distinctive of any particular Christian or other religious denomination;

but paragraph (b) shall not be taken as preventing that worship from being distinctive of any particular faith.

Nature of collective worship in foundation schools with a religious character and voluntary schools

5 In the case of a foundation school which has a religious character or a voluntary school, the required collective worship shall be--

(a) in accordance with any provisions of the trust deed relating to the school, or

(b) where--

(i) provision for that purpose is not made by such a deed, and

(ii) the school has a religious character,

in accordance with the tenets and practices of the religion or religious denomination specified in relation to the school under section 69(4).

Section 74.

SCHEDULE 21 Transfers of land on appointed day

Part I General provisions

Introductory

1 In this Schedule any reference to a grant-maintained or grant-maintained special school is a reference to such a school within the meaning of the [1996 c. 56.] Education Act 1996.

Effect of transfers under this Schedule

2 (1) Where any land is transferred to and vests in any body in accordance with this Schedule, any rights or liabilities--

(a) enjoyed or incurred by the transferor in connection with the land, and

(b) subsisting immediately before the appointed day,

shall also be transferred to, and by virtue of this Act vest in, that body.

(2) Any reference in this Schedule, in relation to a school, to land being transferred to, and vesting in, a foundation body is a reference to its being transferred to, and vesting in, that body for the purposes of the schools comprising the group for which that body acts.

(3) This Schedule is subject to section 198 of the [1988 c. 40.] Education Reform Act 1988 (which with Schedule 10 to that Act makes further provision in relation to transfers of property, rights and liabilities), and references in that Schedule as applied by virtue of this sub-paragraph to the transfer date are to the appointed day.

Part II Rules relating to transfers

Application of Part II

3 (1) This Part of this Schedule applies to schools which, in accordance with Schedule 2, become community, foundation, voluntary or community special schools on the appointed day.

(2) This Part has effect subject to Part III of this Schedule.

Transfers for purposes of community schools

4 (1) This paragraph applies where a grant-maintained school (an "existing school") becomes a community school.

(2) In such a case--

(a) any publicly funded land shall on the appointed day be transferred to, and by virtue of this Act vest in, the local education authority;

(b) any other land which, immediately before that day, is held by the governing body for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement; and

(c) any land which, immediately before that day, is held by any trustees for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement.

(3) In this paragraph "publicly funded land" means land which--

(a) immediately before the appointed day is held by the governing body for the purposes of the existing school, and

(b) was acquired from a local authority under a transfer under section 201(1)(a) of the [1996 c. 56.] Education Act 1996 or from the Funding Agency for Schools or was acquired wholly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of that Act).

(4) In this paragraph "transfer agreement" means an agreement--

(a) made for the purposes of sub-paragraph (2) between the local education authority and the governing body or (as the case may be) trustees mentioned in that sub-paragraph, and

(b) providing for the land in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.

Transfers for purposes of foundation schools

5 (1) This paragraph applies where--

(a) a grant-maintained school (an "existing school") becomes a foundation school; and

(b) as from the appointed day the school (as a foundation school) is a member of the group for which a foundation body acts.

(2) In such a case, any land which, immediately before the appointed day, was held by the governing body for the purposes of the existing school shall on that day be transferred to, and by virtue of this Act vest in, the foundation body.

Transfers for purposes of voluntary schools

6 (1) This paragraph applies where--

(a) a grant-maintained school (an "existing school") becomes a voluntary school; and

(b) as from the appointed day the school (as a voluntary school) is a member of the group for which a foundation body acts.

Transfers for purposes of community special schools

7 (1) This paragraph applies where a grant-maintained special school (an "existing school") becomes a community special school.

(2) In such a case--

(a) any publicly funded land shall on the appointed day be transferred to, and by virtue of this Act vest in, the local education authority;

(3) In this paragraph "publicly funded land" means land which--

(a) immediately before the appointed day is held by the governing body for the purposes of the existing school, and

(4) In this paragraph "transfer agreement" means an agreement--

(a) made for the purposes of sub-paragraph (2) between the local education authority and the governing body or (as the case may be) the trustees mentioned in that sub-paragraph, and

Outstanding transfers to existing school

8 Where immediately before the appointed day--

(a) any land vested in a local authority is by virtue of any statutory provision required to be transferred to the governing body or any trustees of an existing school within the meaning of any of paragraphs 4 to 7, but

(b) the land has not yet been so transferred,

that paragraph shall apply to the school as if it had been so transferred by that time.

Transfer of rights to use land

9 (1) Where paragraph 4, 5, 6 or 7 applies to an existing school and any land held by a person or body other than the governing body of the school was, immediately before the appointed day, used for the purposes of the school, any rights or liabilities--

(a) enjoyed or incurred by the governing body in connection with the use of the land, and

(b) subsisting immediately before the appointed day,

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27

-- Back --

Stat