Education and Inspections Act 2006

Education and Inspections Act 2006

2006 CHAPTER 40

Commentary

Part 3: Further Provisions about Maintained Schools

Section 43: Duty of governing body to implement decisions relating to admissions

207. Subsection (1) inserts subsection (1A) in section 88 of the 1998 Act which requires community and voluntary controlled schools in England to comply with any decision to admit a child made by their local authority (if it is the school’s admission authority as provided for by section 88 of the 1998 Act).

208. It also inserts subsection (1B) in section 88 of the 1998 Act, which provides that the duty to comply with a local education authority’s decision to admit does not affect the governing body’s right to appeal to an independent appeal panel against the admission of any child who has been twice permanently excluded, nor the requirement for the local education authority to seek governing body consent to the introduction of pupil banding to the school’s admission arrangements.

209. Subsection (3) inserts in section 89C of the 1998 Act a new subsection (3A) which requires the governing body of any maintained school to comply with a determination by the local education authority that a child should be admitted in accordance with application of the area’s co-ordinated admissions scheme.