Part 8Teachers

Misconduct etc.

I1I2144 Directions under section 142: appeal

1

A person in respect of whom a direction has been given under section 142 may appeal to the Tribunal established under section 9 of the Protection of Children Act 1999 (c. 14)—

a

against the decision to give the direction;

b

against a decision not to vary or revoke the direction.

2

In a case to which subsection (3) applies, the Tribunal may, on an application for a review of a direction under section 142, revoke the direction.

3

This subsection applies to a case where—

a

the direction was given on the grounds that the applicant is unsuitable to work with children,

b

the applicant has obtained the leave of the Tribunal to apply for a review of the direction, and

c

the Tribunal is satisfied that the applicant is no longer unsuitable to work with children.

4

The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations—

a

provide that the Tribunal may not entertain an appeal under this section in so far as the appellant’s case is inconsistent with his having been convicted of an offence;

b

prescribe circumstances in which the Tribunal shall allow an appeal under this section;

c

prescribe the powers available to the Tribunal on allowing an appeal under this section;

d

prescribe circumstances in which the Tribunal shall grant an application for leave under this section;

e

prescribe circumstances in which the Tribunal shall grant an application for a review under this section;

f

prescribe the powers available to the Tribunal on revoking a direction.