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Education Act 1997

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This is the original version (as it was originally enacted).

12Appeals in the case of children permanently excluded from two or more schools

(1)After section 423 of the [1996 c. 56.] Education Act 1996 there shall be inserted—

423AAppeals relating to children to whom section 411A(2) applies

(1)Nothing in section 423(1) or (2) requires any arrangements to be made for enabling the parent of a child to appeal against a decision—

(a)made by or on behalf of the admission authority for a county or voluntary school, and

(b)refusing the child admission to the school,

in a case where, at the time when the decision is made, section 411A(2) applies to the child.

(2)Where a local education authority are the admission authority for a county or controlled school, the authority shall make arrangements for enabling the governing body of the school to appeal against any decision made by or on behalf of the authority to admit to the school a child to whom, at the time when the decision is made, section 411A(2) applies.

(3)Schedule 33A shall have effect in relation to the making and hearing of appeals pursuant to arrangements made under subsection (2).

(4)The decision of an appeal committee on an appeal made pursuant to arrangements under subsection (2) shall be binding—

(a)on the local education authority by or on whose behalf the decision under appeal was made, and

(b)on the governing body of any county or controlled school at which the appeal committee determines that a place should be offered to the child in question.

(2)After Schedule 33 to the Education Act 1996 there shall be inserted as Schedule 33A the Schedule set out in Schedule 2 to this Act.

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