Part 4Regulation and inspection of independent educational provision in England
C1C3C2Chapter 1Independent educational institutions in England
Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(e), 70(2); S.I. 2018/346, reg. 4(f)
Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(e), 70(2); S.I. 2018/346, reg. 4(e)
Appeals
125Appeal by proprietor against other decisions of Secretary of State
1
The proprietor of an institution may appeal to the Tribunal against a decision of the Secretary of State in relation to the institution under—
I1a
section 99(2) (standards not likely to be met on registration),
b
section 104(1) (refusal to approve a material change),
I1c
section 116(1)(a) (imposition of relevant restriction on proprietor), or
I1d
section 118(5)(b) (refusal to vary or revoke a relevant restriction).
I1C42
Any appeal under this section must be brought within the period of 28 days beginning with the day on which notice of the decision is served on the proprietor.
I13
On an appeal under subsection (1)(a), the Tribunal may—
a
confirm the decision, or
b
require the Secretary of State to reconsider the decision, taking into account, amongst other things, the findings of the Tribunal on the appeal.
I14
Section 99(3) and (4) applies in relation to the Secretary of State's decision on reconsideration under subsection (3)(b) above as it applies to a decision made under section 99(2).
I15
On an appeal under subsection (1)(b) the Tribunal may—
a
confirm the decision, or
b
itself approve the change.
I16
On an appeal under subsection (1)(c), the Tribunal may—
a
confirm the decision,
b
direct that the relevant restriction is to cease to have effect, or
c
direct that the relevant restriction is to cease to have effect and make an order imposing a different relevant restriction on the proprietor.
I17
On an appeal under subsection (1)(d), the Tribunal may—
a
confirm the refusal, or
b
if the Tribunal is satisfied that it is appropriate to do so because of a change of circumstance since the restriction in question was imposed—
i
direct that the relevant restriction is to cease to have effect, or
ii
direct that the relevant restriction is to cease to have effect and make an order imposing a different relevant restriction on the proprietor.
Pt. 4 Ch. 1 modified (22.12.2014) by The Education and Skills Act 2008 (Commencement No. 11 and Saving and Transitory Provisions) Order 2014 (S.I. 2014/3364), art. 3(2)