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Education (Northern Ireland) Order 1998
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Education (Northern Ireland) Order 1998, Section 27 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Order words substituted by 2014 c. 12 (N.I.) Sch. 3 para. 1(1)(b)
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 89A inserted by 2022 c. 45 s. 5
Appeals against certain admission decisions under Article 26N.I.
27.—(1) [F1The Authority] shall make arrangements for enabling the parent of a child to appeal against any decision made under Article 26 by the Board of Governors of a school F2... refusing the child admission to the school.
(2) An appeal under this Article shall be to an appeal tribunal constituted in accordance with regulations under paragraph (8) of Article 15 of the [1997 NI 5.] Education (Northern Ireland) Order 1997; and paragraphs (9) to (11) of that Article apply in relation to appeals under this Article as they apply in relation to appeals under that Article.
(3) An appeal under this Article may be brought only on the ground that the criteria drawn up under Article 32(1) by the Board of Governors of a school—
(a)were not applied; or
(b)were not correctly applied,
in deciding to refuse the child admission to the school.
(4) On the hearing of an appeal under this Article—
(a)if it appears to the tribunal that the criteria were not applied, or were not correctly applied, in deciding to refuse the child admission to the school, the tribunal shall, subject to paragraph (5), allow the appeal and direct the Board of Governors of the school to admit the child to the school;
(b)in any other case, the tribunal shall dismiss the appeal.
(5) If, in any case mentioned in paragraph (4)(a), it appears to the tribunal that had the criteria been applied, or (as the case may be) been correctly applied, the child would have been refused admission to the school, the tribunal shall dismiss the appeal.
(6) It shall be the duty of the Board of Governors of a school to comply with any direction given under paragraph (4)(a).
F1Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)
F2Words in art. 27(1) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
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