(1)Every local education authority shall make arrangements for enabling the parent of a child to appeal against—
(a)any decision made by or on behalf of the authority as to the school at which education is to be provided for the child in the exercise of the authority’s functions [F1(other than a decision leading to or embodied in a direction under section 13 of the Education Act 1993)]; and
(b)any decision made by or on behalf of the governors of a county or controlled school maintained by the authority refusing the child admission to such a school.
(2)The governors of every aided or special agreement school shall make arrangements for enabling the parent of a child to appeal against any decision made by or on behalf of the governors refusing the child admission to the school.
(3)Joint arrangements may be made under subsection (2) above by the governors of two or more aided or special agreement schools maintained by the same local education authority.
(4)Any appeal by virtue of this section shall be to an appeal committee constituted in accordance with Part I of Schedule 2 to this Act; and Part II of that Schedule shall have effect in relation to the procedure on any such appeal.
(5)The decision of an appeal committee on any such appeal shall be binding on the local education authority or governors by or on whose behalf the decision under appeal was made and, in the case of a decision made by or on behalf of a local education authority, on the governors of any county or controlled school at which the committee determines that a place should be offered to the child in question.
F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In section 25 of the Local Government Act 1974 (authorities subject to investigation by Local Commissioner) after subsection (4) there shall be inserted—
“(5)Any reference to an authority to which this Part of this Act applies also includes a reference to any appeal commiittee constituted in accordance with paragraph I of Schedule 2 to the Education Act 1980.”
Textual Amendments
F1Words in s. 7(1)(a) inserted (1.4.1994) by 1993 c. 35, ss. 307(1), Sch. 19 para.73; S.I. 1994/507, art. 4, Sch.2
F2S. 7(6) repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt. I
Modifications etc. (not altering text)
C1S. 7 modified by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 12(10), Sch. 2 para. 19(6)
C2S. 7 excluded (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 30(1), 36(10), Sch. 3 Part III para. 13(2)(b)(iii), Sch. 14 para. 1(1); S.I. 1991/828 art. 3(2)
C3The text of S. 7(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.