OpenLegislation

Section 95 Appeals against directions under section 93 etc.C1

(1)

Where a head teacher—

(a)

gives, revokes or varies a direction under regulations made under section 93,

(b)

refuses to give, revoke or vary such a direction in response to a request made, in such manner and circumstances as may be prescribed by the regulations, by the parent of a registered pupil at the school, or

(c)

following the making of such a request, fails within such period as may be prescribed by the regulations to give, revoke or vary such a direction in accordance with the request,

the parent of the pupil concerned may appeal to the governing body.

(2)

On such an appeal, the governing body may—

(a)

confirm the head teacher’s action, or

(b)

direct the head teacher to take such action authorised by the regulations as they consider appropriate in the circumstances.

(3)

The head teacher shall comply with any directions of the governing body given under subsection (2)(b).

(4)

The governing body shall notify the appellant and the head teacher in writing of their decision on such an appeal.

Annotations

Modifications

C1

S. 95 modified (31.3.2004) by The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004 (S.I. 2004/657), arts. 1(1), 3(j)

Notes on Part 6

Modifications

C1

Pt. 6: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(d), 70(2); S.I. 2018/346, reg. 4(f)

C2

Pt. 6: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(d), 70(2); S.I. 2018/346, reg. 4(e)

C3

Pt. 6 modified (E.) (temp. from 1.10.2002) by The Education Act 2002 (Modification of Provisions) (England) Regulations 2002 (S.I. 2002/2316), reg. 4