Education Act 1996 (c. 56)

(The document as of February, 2008)

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Dismissal, etc.

23 (1) Where the governing body determine--

(a) that any person employed to work at the school should cease to work there, or

(b) that the clerk to the governing body should be dismissed,

they shall notify the local education authority in writing of their determination and the reasons for it.

(2) If in a case within sub-paragraph (1)(a) the person concerned is employed to work solely at the school (and he does not resign), the authority shall, before the end of the period of 14 days beginning with the date on which the notification under sub-paragraph (1) is given, either--

(a) give him such notice terminating his contract of employment with the authority as is required under that contract, or

(b) terminate that contract without notice if the circumstances are such that they are entitled to do so by reason of his conduct.

(3) If in a case within sub-paragraph (1)(a) the person concerned is not employed to work solely at the school, the authority shall require him to cease to work at the school.

(4) In a case within sub-paragraph (1)(b), the authority shall dismiss the clerk to the governing body on receipt of the notification from the governing body.

24 (1) Where paragraph 23(3) applies, no part of the costs incurred by the local education authority in respect of the emoluments of the person concerned, so far as they relate to any period falling after the expiration of his contractual notice period, shall be met from the school's budget share.

(2) The reference in sub-paragraph (1) to the person's contractual notice period is to the period of notice that would have been required under his contract of employment with the authority for termination of that contract if such notice had been given on the date on which the notification under paragraph 23(1) was given.

25 (1) The governing body shall--

(a) make arrangements for giving any person in respect of whom they propose to make a determination under paragraph 23(1) an opportunity of making representations as to the action they propose to take (including, if he so wishes, oral representations to such person or persons as the governing body may appoint for the purpose), and

(b) have regard to any representations made by him.

(2) The governing body shall also make arrangements for giving any person in respect of whom they have made a determination under paragraph 23(1) an opportunity of appealing against it before they notify the local education authority of the determination.

26 (1) The head teacher (except where he is the person concerned) and the chief education officer of the local education authority shall be entitled to attend, for the purpose of giving advice, all proceedings of the governing body relating to a determination under paragraph 23(1).

(2) The governing body shall consider any advice given by a person who is entitled to attend such proceedings under this paragraph before making a determination under paragraph 23(1).

27 (1) The local education authority shall not dismiss a person employed by them to work solely at the school except as provided by paragraph 23.

(2) Sub-paragraph (1) does not apply in a case where the dismissal of the person in question is required under regulations under section 218(6) of the [1988 c. 40.] Education Reform Act 1988 (regulations prohibiting or restricting employment or further employment of teachers etc. in cases of misconduct or on medical or educational grounds).

School meals staff

28 Nothing in paragraphs 18, 19 and 21 to 27 applies in relation to the appointment of a person to work at the school, or in relation to a person so employed, where--

(a) the person concerned is to be, or is, employed to work solely in connection with the provision of meals, and

(b) less than 50 per cent. of the person's remuneration will be, or is, met from the school's delegated budget.

Section 158.

SCHEDULE 15 Reinstatement of pupils excluded from county, voluntary or maintained special schools

Part I County, controlled and maintained special schools

Preliminary

1 The articles of government for a county, controlled or maintained special school shall make provision for the matters set out in paragraphs 2 to 7.

Reinstatement of permanently excluded pupils

2 (1) Where the local education authority have been informed of the permanent exclusion of a pupil from the school, they shall--

(a) after giving the governing body an opportunity to express their views, and

(b) after considering any views expressed within the prescribed period by the governing body,

consider whether the pupil should be reinstated immediately, reinstated by a particular date or not reinstated.

(2) If the authority decide that the pupil should be reinstated, they shall--

(a) give the appropriate direction to the head teacher, and

(b) inform the relevant person and the governing body of the direction.

(3) If the authority decide that the pupil should not be reinstated, they shall inform the relevant person of their decision.

3 (1) The head teacher shall comply with any direction for the reinstatement of a pupil who has been permanently excluded from the school--

(a) which is given by the local education authority by virtue of paragraph 2, or

(b) which is given by the governing body.

(2) If conflicting directions are given by the authority and the governing body, the head teacher shall comply with the direction which will lead to the earlier reinstatement of the pupil.

4 Where the governing body direct the head teacher to reinstate a pupil who has been permanently excluded from the school, they shall inform the relevant person and the local education authority of the direction.

Reinstatement of pupils excluded for a fixed period

5 (1) Where a pupil is excluded from the school for a fixed period in circumstances in which he would, as a result of the exclusion--

(a) be excluded from the school for a total of more than five school days in any one term, or

(b) lose an opportunity to take a public examination,

the head teacher shall comply with any direction given by the local education authority or the governing body for the pupil's reinstatement.

(2) If conflicting directions are given by the authority and the governing body, the head teacher shall comply with the direction which will lead to the earlier reinstatement of the pupil.

6 (1) Where the local education authority--

(a) have been informed of the exclusion of a pupil from the school for a fixed period, and

(b) propose to give any such direction as is mentioned in paragraph 5(1),

they shall consult the governing body before giving such a direction.

(2) Where they give such a direction, the authority shall inform the relevant person and the governing body of the direction.

7 Where the governing body give any such direction as is mentioned in paragraph 5(1), they shall inform the relevant person and the local education authority of the direction.

Part II Aided and special agreement schools

Preliminary

8 The articles of government for an aided or a special agreement school shall make provision for the matters set out in paragraphs 9 to 13.

Reinstatement of permanently excluded pupils

9 (1) Where the governing body have been informed of the permanent exclusion of a pupil from the school, they shall consider whether he should be reinstated immediately, reinstated by a particular date or not reinstated.

(2) If the governing body decide that the pupil should be reinstated, they shall--

(a) give the appropriate direction to the head teacher, and

(b) inform the relevant person and the local education authority of the direction.

(3) If the governing body decide that the pupil should not be reinstated, they shall (without delay) inform the relevant person and the local education authority of their decision.

10 The head teacher shall comply with any direction for the reinstatement of the pupil given by the governing body by virtue of paragraph 9.

Reinstatement of pupils excluded for a fixed period

11 (1) Where a pupil is excluded from the school for a fixed period in circumstances in which he would, as a result of the exclusion--

(a) be excluded from the school for a total of more than five school days in any one term, or

(b) lose an opportunity to take a public examination,

the head teacher shall comply with any direction given by the governing body or the local education authority for the pupil's reinstatement.

(2) If conflicting directions are given by the authority and the governing body, the head teacher shall comply with the direction which will lead to the earlier reinstatement of the pupil.

12 (1) Before giving any such direction as is mentioned in paragraph 11(1) the local education authority shall--

(a) give the governing body an opportunity to express their views; and

(b) consider any views expressed within the prescribed period by the governing body.

(2) Where the authority give any such direction, they shall inform the relevant person and the governing body of the direction.

13 Where the governing body give any such direction as is mentioned in paragraph 11(1), they shall inform the relevant person and the local education authority of the direction.

Part III General

Power to prescribe periods for the taking of any required steps

14 Regulations may provide that, where a local education authority or governing body of a school are required under the preceding provisions of this Schedule to take any step, the duty must, subject to prescribed exceptions, be performed within the prescribed period; but such a provision shall not relieve the authority or body of the duty to take any step which has not been taken within that period.

Meaning of "the relevant person"

15 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.

Section 159.

SCHEDULE 16 Appeals against exclusion or reinstatement of pupils

Duty to inform parent or pupil of right of appeal

1 (1) The articles of government for a county, controlled or maintained special school shall require the local education authority, where by virtue of paragraph 2(3) of Schedule 15 they inform the relevant person of their decision that a pupil should not be reinstated, to give him 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 3(1) below);

(d) that no appeal may be made after notice under that provision is given.

(2) The articles of government for an aided or a special agreement school shall require the governing body, where by virtue of paragraph 9(3) of Schedule 15 they inform the relevant person of their decision that a pupil should not be reinstated, to give him 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 3(1) below);

(d) that no appeal may be made after notice under that provision is given.

Suspension of direction for reinstatement pending appeal etc.

2 (1) A direction for the reinstatement of a pupil given by virtue of paragraph 2 of Schedule 15 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 local education authority unless, within that period, the governing body inform the authority that they do not intend to appeal against the direction.

(2) Where, within that period, the governing body lodge an appeal against the direction in accordance with the arrangements made by the local education authority under section 159(1)--

(a) the authority shall, before the end of the fourth school day after the day on which the appeal is lodged, inform the relevant person 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.

Time limits and notices waiving right to appeal

3 (1) No appeal under section 159(1)(a) or (2) 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 paragraph 1(1) or (2).

(2) Any notice in writing given by the relevant person to the body responsible for making any arrangements under section 159(1) or (2) which states 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 159 shall be treated as having expired on the day on which notice is given under sub-paragraph (2) (if earlier than the last day on which an appeal may be made in accordance with sub-paragraph (1)).

Appeal committees

4 (1) Part I of Schedule 33 (school admission appeals) shall have effect in relation to appeals under section 159 with the necessary modifications.

(2) Accordingly, in the application of that Part of that Schedule in relation to any such appeals--

(a) any reference to section 423(1) shall be read as a reference to section 159(1);

(b) any reference to section 423(2) shall be read as a reference to section 159(2); and

Procedure on an appeal

5 In the following provisions of this Schedule--

"appeal" means an appeal under section 159;
"appeal committee" means an appeal committee constituted in accordance with Part I of Schedule 33, as it applies in accordance with paragraph 4 above.

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

7 The appeal committee shall meet to consider an appeal--

(a) within the period ending with the 15th school day after the day on which the appeal is lodged, or

(b) if the body responsible for making any arrangements under section 159 has determined a shorter period, within that period.

8 (1) On an appeal by a pupil or parent the appeal committee shall give the appellant an opportunity of appearing and making oral representations, and may allow him to be accompanied by a friend or to be represented.

(2) On such an appeal the committee shall allow--

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

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

9 (1) On an appeal by a governing body the appeal committee shall give a governor nominated by the governing body an opportunity of appearing and making oral representations, and shall allow the governing body to be represented.

(2) On such an appeal the committee shall allow--

(a) the relevant person to make written representations and to appear and make oral representations,

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

10 (1) The body responsible for making any arrangements under section 159 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) If the relevant person making an appeal under section 159(1)(a) or (2) requests that body to do so, it may in exceptional circumstances extend the period in which an appeal committee is to hear the appeal and communicate its decision.

11 (1) Appeals shall be heard in private except when the local education authority or governing body by whom the arrangements under section 159 are made direct otherwise.

(2) Without prejudice to any of the provisions of this Schedule--

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

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

12 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.

13 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.

14 The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to the relevant person, the local education authority and the governing body, and shall be so communicated--

(a) within the period ending with the 17th school day after the day on which the appeal is lodged, or

(b) if the body responsible for making any arrangements under section 159 has determined a shorter period, within that period.

15 (1) Subject to paragraphs 6 to 14, all matters relating to the procedure on appeals, including the time within which they are to be brought, shall be determined by the local education authority or governing body by whom the arrangements under section 159 are made.

(2) Neither section 106 of the [1972 c. 70.] 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.

Notices

16 (1) Where in accordance with paragraph 1(1) or (2) 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 3(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 amend the preceding provisions of this Schedule.

Section 161.

SCHEDULE 17 Governors' annual reports

General

1 (1) The articles of government for a county, voluntary or maintained special school shall impose the requirements set out in paragraphs 2 to 9.

(2) In those paragraphs "the report" means a governors' report prepared under section 161.

2 The report shall be as brief as is reasonably consistent with the requirements as to its contents.

Requirements as to contents

3 Where there is an obligation on the governing body (by virtue of section 162) to hold an annual parents' meeting, the report shall--

(a) give details of the date, time and place for the next annual parents' meeting and its agenda;

(b) indicate that the purpose of that meeting will be to discuss both the governors' report and the discharge by the governing body, the head teacher and the local education authority of their functions in relation to the school; and

4 The report shall--

(a) give the name of each governor and indicate whether he--

(i) is a parent, teacher or foundation governor,

(ii) was co-opted or otherwise appointed as a governor, or

(iii) is an ex officio governor;

(b) in the case of an appointed governor, say by whom he was appointed;

(c) in relation to each governor who is not an ex officio governor, give the date on which his term of office comes to an end; and

(d) name, and give the address of, the chairman of the governing body and their clerk.

5 The report shall give such information as is available to the governing body about arrangements for the next election of parent governors.

6 The report shall contain a financial statement--

(a) reproducing or summarising any financial statement of which a copy has been provided to the governing body by the local education authority under section 122 or 124 since the last governors' report was prepared under section 161;

(b) indicating, in general terms, how any sum made available to the governing body by the authority--

(i) in respect of the school's budget share, or

(ii) under section 125,

in the period covered by the report was used;

(d) stating the total amount of any travelling and subsistence allowances paid to members of the governing body in that period.

7 The report shall give such information about--

(a) public examinations and other assessments of pupils' achievements,

(b) pupils' absences from the school,

(d) the employment or training taken up by such pupils,

as is required to be published by virtue of section 414(6) and (7).

8 The report shall describe what steps have been taken by the governing body to develop or strengthen the school's links with the community (including links with the police).

9 The report shall draw attention to the information made available by the governing body in accordance with regulations made under section 408 so far as relating to the matters mentioned in subsection (2)(b) of that section (information as to educational provision made for pupils at the school and syllabuses followed by them).

Power of Secretary of State to make amendments

10 The Secretary of State may by order amend the preceding provisions of this Schedule.

Section 162.

SCHEDULE 18 Annual parents' meetings

Proceedings at an annual parents' meeting

1 The articles of government for a county, voluntary or maintained special school shall provide for the proceedings at an annual parents' meeting to be under the control of the governing body.

2 (1) The articles of government for a county, voluntary or maintained special school shall provide for any annual parents' meeting at which the required number of parents of registered pupils at the school are present to be entitled to pass (by a simple majority) resolutions on any matters which may properly be discussed at the meeting.

(2) In sub-paragraph (1) "the required number", in relation to a school, means any number equal to or greater than 20 per cent. of the number of registered pupils at the school.

3 No person who is not a parent of a registered pupil at the school may vote on any question put to an annual parents' meeting.

Consideration of resolutions passed at an annual parents' meeting

4 (1) The articles of government for a county, voluntary or maintained special school shall require the governing body--

(a) to consider any resolution which is duly passed at an annual parents' meeting and which they consider is a matter for them;

(b) to send to the head teacher a copy of any resolution which is so passed and which they consider is a matter for him; and

(c) to send to the local education authority a copy of any resolution which is so passed and which they consider is a matter for the authority.

(2) The articles of government shall in addition--

(a) require the head teacher to consider any resolution a copy of which has been sent to him by virtue of sub-paragraph (1)(b) and to provide the governing body with a brief comment on it (in writing) for inclusion in their next governors' report; and

(b) require the local education authority to do likewise in relation to any resolution a copy of which has been sent to them by virtue of sub-paragraph (1)(c).

Determination of question whether person is to be treated as pupil's parent

5 (1) The articles of government for a county, controlled or maintained special school shall provide for any question whether any person is to be treated, for the purposes of any provision of the articles relating to the annual parents' meeting, as the parent of a registered pupil at the school to be determined by the local education authority.

(2) The articles of government for an aided or a special agreement school shall provide for any such question to be determined by the governing body.

Section 166.

SCHEDULE 19 Conduct and staffing of new county, voluntary and maintained special schools

Part I General

Articles of government for new schools

1 (1) The requirement for there to be articles of government for a school (imposed by section 127) shall not apply in relation to a new school until the requirement for there to be an instrument of government for the school takes effect under section 99.

(2) Before making an order under section 127 as to the articles of government for a new school, the local education authority shall consult the temporary governing body and the head teacher.

(3) Before making such an order in respect of a new school which will be a voluntary school, the authority shall--

(a) secure the agreement of the temporary governing body to the terms of the proposed order, and

(b) secure the agreement of the temporary foundation governors to any provisions which are of particular concern to those governors.

(4) Where a local education authority propose to make an order under section 127 in respect of a new school but cannot secure any agreement required by this paragraph, they or (as the case may be) the temporary governing body or temporary foundation governors may refer the matter to the Secretary of State.

(5) On a reference to him under this paragraph, the Secretary of State shall give such direction as he thinks fit.

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