Part 4Regulation and inspection of independent educational provision in England
Chapter 2Schools providing for special educational needs
Non-maintained special schools in England
I1145Appeals
After section 342A of the Education Act 1996 (inserted by section 144) insert—
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where an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.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.