The Education Act 1996 (Infant Class Sizes) (Modification) Regulations 1998

Restriction on power of admission appeal committees for grant-maintained schools

9.—(1) In Schedule 23 to the 1996 Act, after paragraph 6, there shall be inserted the following new paragraph—

“6A— (1) This paragraph applies in relation to any appeal which

(a) is made in pursuance of arrangements made by the governing body by virtue of paragraph 6(1) and (2), and

(b) relates to a decision of the governing body refusing to admit a child to the school on the ground that his admission would result in prejudice to the provision of efficient education or the efficient use of resources by reason of any qualifying measures (as defined in section 411(10)).

(2) Where this paragraph applies in relation to any appeal, the appeal committee shall determine that a place is to be offered to the child at the school only if they are satisfied

(a) that the decision was not one which a reasonable governing body would make in the circumstances of the case; or

(b) that the child would have been offered a place if the school’s admission arrangements (as published in the school’s articles of government) had been properly implemented.

(3) In sub-paragraph (2)

• “admission arrangements” in relation to a school means the arrangements for the admission of pupils to the school, including the school’s admission policy; and

• “appeal committee” means an appeal committee constituted for the purposes of an appeal in accordance with the instrument of government of the school.”.

(2) This paragraph applies at any relevant time falling before the commencement of paragraph 12 of Schedule 24 to the 1998 Act.