School Standards and Framework Act 1998

95 Appeals relating to children to whom section 87 applies.E+W

(1)Nothing in section 94(1) or (2) requires any arrangements to be made for enabling [F1the appropriate person] to appeal against a decision—

(a)made by or on behalf of the admission authority for a maintained school, and

(b)refusing [F2a child] admission to the school,

in a case where, at the time when the decision is made, section 87(2) applies to the child.

[F3(1A)In subsection (1), “the appropriate person”, in relation to a child, has the same meaning as in section 94.]

(2)Where a [F4local authority] are the admission authority for a community or voluntary controlled school, the authority shall make arrangements for enabling the governing body of the school to appeal against any decision made by or on behalf of the authority to admit to the school a child to whom, at the time when the decision is made, section 87(2) applies.

[F5(2A)Subsection (2) does not apply in relation to a decision made by or on behalf of a [F4local authority] in England to admit to a school a child who is looked after by [F6such an authority] (provision for references to the adjudicator in relation to such a decision being made by section 95A).]

[F7(3)An appeal by the governing body pursuant to arrangements made under subsection (2) shall be to an appeal panel constituted in accordance with regulations.

(3A)Regulations may make provision about the making of appeals pursuant to arrangements under subsection (2), including provision—

(a)requiring prescribed information to be given to governing bodies in prescribed circumstances,

(b)as to the procedure on such appeals,

(c)for the payment by the [F4local authority] of allowances to members of an appeal panel, and

(d)as to the matters to which an appeal panel is to have regard in considering an appeal.

(3B)Regulations made by virtue of subsection (3A)(c) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) [F8or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011] to apply with prescribed modifications in relation to members of an appeal panel.]

(4)The decision of an appeal panel on an appeal made pursuant to arrangements under subsection (2) shall be binding on the [F4local authority] and the governing body.

Textual Amendments

F1Words in s. 95(1) substituted (26.1.2009 for E., 31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), s. 173(3)(4), Sch. 1 para. 67(2)(a); S.I. 2008/3077, art. 5(e); S.I. 2009/784, art. 3(d)

F2Words in s. 95(1)(b) substituted (26.1.2009 for E., 31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), s. 173(3)(4), Sch. 1 para. 67(2)(b); S.I. 2008/3077, art. 5(e); S.I. 2009/784, art. 3(d)

F4Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

F7S. 95(3)-(3B) substituted for s. 95(3) (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 9 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(4))

Modifications etc. (not altering text)

C1S. 95 modified (temp.) (22.4.1999) by S.I. 1999/1064, reg.6.

C2S. 95 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.

S. 95 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.

C3Ss. 95-99 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)

C4Ss. 95-99 applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))

C5S. 95(2) restricted (29.3.1999) by S.I. 1999/1016, art. 6, Sch. 4 paras. 1, 8