Equality Act 2010

Part 4 E+W+S Admissions and exclusions

Admissions E+W+S

13 (1) This paragraph applies if appeal arrangements have been made in relation to admissions decisions. E+W+S

(2) A claim that a responsible body has, because of a person's disability, contravened Chapter 1 of Part 6 in respect of an admissions decision must be made under the appeal arrangements.

(3) The body hearing the claim has the powers it has in relation to an appeal under the appeal arrangements.

(4) Appeal arrangements are arrangements under—

(a) section 94 of the School Standards and Framework Act 1998, or

[F1 (b) Academy arrangements (as defined in section 1 of the Academies Act 2010) between the responsible body for an Academy and the Secretary of State,]

enabling an appeal to be made by the person's parent against the decision.

(5) An admissions decision is—

(a) a decision of a kind mentioned in section 94(1) or (2) of the School Standards and Framework Act 1998;

(b) a decision as to the admission of a person to an [F2 Academy school or an alternative provision Academy] taken by the responsible body or on its behalf.

Textual Amendments

F1 Sch. 17 para. 13(4)(b) substituted (1.2.2012) by Education Act 2011 (c. 21), s. 65, Sch. 15 para. 2; S.I. 2012/84, art. 3

F2 Words in Sch. 17 para. 13(5)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 54(1), Sch. 13 para. 20(4); S.I. 2012/924, art. 2

Commencement Information

I1 Sch. 17 para. 13 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 4 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(iii) (with art. 15, and subject to transitional provision in art. 7)

Exclusions [F3 : Wales] E+W+S

Textual Amendments

F3 Word in Sch. 17 para. 14 cross-heading inserted (1.9.2012) by Education Act 2011 (c. 21), s. 4(4), Sch. 1 para. 12; S.I. 2012/1087, art. 3

14 (1) This paragraph applies if appeal arrangements have been made in relation to exclusion decisions [F4 that are made in relation to schools in Wales]. E+W+S

(2) A claim that a responsible body has, because of a person's disability, contravened Chapter 1 of Part 6 in respect of an exclusion decision must be made under the appeal arrangements.

(3) The body hearing the claim has the powers it has in relation to an appeal under the appeal arrangements.

[F5 (4) Appeal arrangements are arrangements under section 52(3) of the Education Act 2002 enabling an appeal to be made against an exclusion decision.]

(5) An exclusion decision is—

(a) a decision of a kind mentioned in 52(3) of the Education Act 2002;

(b) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) “Responsible body”, in relation to a maintained school, includes the discipline committee of the governing body if that committee is required to be established as a result of regulations made under section 19 of the Education Act 2002.

(7) “Maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998.

Textual Amendments

F4 Words in Sch. 17 para. 14(1) inserted (1.9.2012) by Education Act 2011 (c. 21), s. 4(4), Sch. 1 para. 13(a); S.I. 2012/1087, art. 3

F5 Sch. 17 para. 14(4) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 4(4), Sch. 1 para. 13(b); S.I. 2012/1087, art. 3

F6 Sch. 17 para. 14(5)(b) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), s. 4(4), Sch. 1 para. 13(c); S.I. 2012/1087, art. 3

Commencement Information

I2 Sch. 17 para. 14 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 4 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(iii) (with art. 15, and subject to transitional provision in art. 7)