Section 94 Appeal arrangements: general.C10 C1 C2 C3 C4 C5 C6 C7 C8 C9 C11

England and Wales

(1)

A F1local authority shall make arrangements for enabling F2the appropriate person to appeal against—

F3(za)

in a case where the local authority are the admissions authority, any decision made by or on behalf of the authority refusing a child admission to a school,

(a)

F4any other decision made by or on behalf of the authority as to the school at which education is to be provided for F5a child in the exercise of the authority’s functions, other than a decision leading to or embodied in a direction under section 96 F6or 97A (directions for admission), and

(b)

F7in a case where the governing body of a community or voluntary controlled school maintained by the authority are the admission authority, any decision made by or on behalf of the governing body refusing F8a child admission to the school.

F9(1A)

A local authority shall make arrangements for enabling F10the appropriate person in relation to a child who has been admitted to a community or voluntary controlled school maintained by the authority to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form.

(2)

The governing body of a foundation or voluntary aided school shall make arrangements for enabling F11the appropriate person to appeal against any decision made by or on behalf of the governing body refusing F12a child admission to the school.

F13(2A)

The governing body of a foundation or voluntary aided school shall make arrangements for enabling F14the appropriate person in relation to a child who has been admitted to the school to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form.

F15(2B)

In this section, “the appropriate person”, in relation to a child, means—

(a)

in the case of a decision about sixth form education for the child any of the following—

(i)

the child;

(ii)

a parent of his;

(iii)

the child and a parent of his, acting jointly;

(but subject to regulations made under subsection (5A));

(b)

in any other case, a parent of the child.

(3)

Joint arrangements may be made under subsection (2) F16or (2A) by the governing bodies of two or more foundation or voluntary aided schools maintained by the same local authority.

(4)

A local authority and the governing body or bodies of one or more foundation or voluntary aided schools maintained by the authority may make joint arrangements consisting of—

(a)

such of the arrangements made by the authority in pursuance of subsection (1) F17or (1A) as the authority may determine; and

(b)

arrangements made by the governing body or bodies in pursuance of subsection (2) or (2A).

F18(5)

An appeal pursuant to any arrangements made under this section shall be to an appeal panel constituted in accordance with regulations.

(5A)

Regulations may make provision about the making of appeals pursuant to such arrangements, including provision—

(a)

as to the procedure on such appeals,

(F19aa)

in cases where separate appeals are made by a parent and a child against a decision about sixth form education for the child, for the appeals to be joined, or otherwise for securing that no more than one appeal against the decision is proceeded with;

(b)

for the payment by the local authority of allowances to members of an appeal panel, and

(c)

as to the grounds on which an appeal panel may, in the case of an appeal to which subsection (5B) applies, determine that a place is to be offered to the child concerned.

(5B)

This subsection applies to any appeal against a decision made on the ground that prejudice of the kind referred to in section 86(3)(a) would arise as mentioned in subsection (4) of that section.

(5C)

Regulations made by virtue of subsection (5A)(b) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) F20or (in relation to Wales) F21Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013 to apply with prescribed modifications in relation to members of an appeal panel.

(6)

The decision of an appeal panel on an appeal F22pursuant to arrangements under this section shall be binding on—

(a)

the local authority or the governing body by whom or on whose behalf the decision under appeal was made, and

(b)

in the case of a decision made by or on behalf of a local authority, the governing body of a community or voluntary controlled school at which the appeal panel determines that a place should be offered to the child in question.

F23(6A)

In this section, any reference to a decision about sixth form education for a child is a reference to a decision—

(a)

made in relation to a preference expressed in accordance with arrangements made under section 86A(1) as to where education should be provided for the child, or

(b)

refusing permission for the child to enter the sixth form of the school to which he has been admitted.

F24(7)

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