Non-maintained special schools in England: appeals

342BAppeal against decision of Secretary of State

1

Regulations may make provision for an appeal against a decision of the Secretary of State—

a

to withdraw approval from a non-maintained special school in England by virtue of section 342(4)(b) (failure to comply with prescribed requirement) otherwise than at the request of the proprietor;

b

not to approve, not to approve a change to, or to withdraw approval from, relevant arrangements in relation to such a school.

2

In subsection (1)(b) “relevant arrangements” means arrangements that require the approval of the Secretary of State by virtue of section 342(5)(a).

3

Regulations under this section must provide that an appeal brought by virtue of this section—

a

lies to the First-tier Tribunal, and

b

must be brought by the proprietor of the school in question.

4

The regulations may in particular make provision, in the case of an appeal brought by virtue of subsection (1)(a), prohibiting the Secretary of State from acting on a decision to withdraw approval during the period in which—

a

an appeal against the decision could be brought, or

b

where an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.

342CAppeal against order of justice of peace

1

Regulations may make provision for an appeal against the making of an order by virtue of section 342A (order by justice of peace in an emergency).

2

The regulations must provide that an appeal brought by virtue of this section—

a

lies to the First-tier Tribunal, and

b

must be brought by the proprietor of the school in question.