Education Act 1996

Admissions appeals relating to county and voluntary schools

423 Appeal arrangements

(1) A 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, other than a decision leading to or embodied in a direction under section 431 (directions for admission), and

(b) any decision made by or on behalf of the governing body of a county or controlled school maintained by the authority refusing the child admission to the school.

(2) The governing body of an aided or a 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 governing body refusing the child admission to the school.

(3) Joint arrangements may be made under subsection (2) by the governing bodies of two or more aided or special agreement schools maintained by the same local education authority.

(4) Schedule 33 has effect in relation to the making and hearing of appeals pursuant to arrangements made under this section.

(5) The decision of an appeal committee on such an appeal shall be binding—

(a) on the local education authority or governing body by or on whose behalf the decision under appeal was made, and

(b) in the case of a decision made by or on behalf of a local education authority, on the governing body of any county or controlled school at which the appeal committee determines that a place should be offered to the child in question.

(6) In this section and Schedule 33 “child” includes a person who has not attained the age of 19.