Education and Skills Act 2008

Education and Skills Act 2008

2008 CHAPTER 25

Commentary on Sections

Local education authority

Legal background

Part 4: Regulation and inspection of independent educational provision in England

Chapter 1: Independent educational institutions in England

Sections 124 to 127: Appeals

147. Section 124 sets out the circumstances and timescales in which the proprietor of an independent educational institution may appeal to the First-tier Tribunal against decisions made by the Secretary of State to deregister an independent educational institution. A proprietor may appeal where an institution has been deregistered for:

a)

no longer meeting the definition of an independent educational institution;

b)

a failure to meet standards, provide information, or pay inspection fees;

c)

making an unapproved material change;

d)

employment of unsuitable persons.

148. A proprietor may also appeal the following decisions made by the Secretary of State under section 125:

a)

conclusion that the standards are unlikely to be met on registration leading to a refusal of registration;

b)

refusal to approve a material change;

c)

imposition of a restriction on the proprietor;

d)

refusal to vary or revoke a relevant restriction.

149. Appeals to the First-tier Tribunal must be filed within 28 days of the proprietor receiving notice of the decision in question. There are various powers available to the Tribunal in determining such appeals, according to the circumstances under which the appeal is brought.

150. Section 126 allows the proprietor to appeal to the First-tier Tribunal against an emergency order made by a justice of the peace and sets out the powers available to the Tribunal in determining such appeals. Where the Tribunal overturns any order made by a justice of the peace that an institution is removed from the register, this section explains that the institution must be treated as if it had never been deregistered. This removes the possibility of proceedings being brought against the person conducting the institution for an offence under section 96.

151. Section 127 creates an offence of failing to comply with a restriction imposed by the Tribunal and sets out the penalty for doing so. It also allows the proprietor to apply to the Tribunal to have the restriction lifted, in whole or in part. The Tribunal must vary or revoke a restriction where it is appropriate to do so because of a change in circumstances.