Sixth form admissions etc: appeals

‘(1) Section 94 of the School Standards and Framework Act 1998 (c. 31) (appeal arrangements: general) is amended as follows.

(2) In subsection (1)—

(a) for “the parent of a child” substitute “the appropriate person”;

(b) before paragraph (a) insert—

“(za) in a case where the local education authority are the admissions authority, any decision made by or on behalf of the authority refusing a child admission to a school,”;

(c) in paragraph (a)—

(i) for “any decision” substitute “any other decision”, and

(ii) for “the child” substitute “a child”;

(d) in paragraph (b), for “the child” substitute “a child”.

(3) In subsection (1A), for “the parent of” substitute “the appropriate person in relation to”.

(4) In subsection (2)—

(a) for “the parent of a child” substitute “the appropriate person”;

(b) for “the child” substitute “a child”.

(5) In subsection (2A), for “the parent of” substitute “the appropriate person in relation to”.

(6) After that subsection insert—

“(2B) In this section, “the appropriate person”, in relation to a child, means—

(a) in the case of a decision made in relation to a preference expressed in accordance with arrangements made under section 86A(1) as to where education should be provided for the child any of the following—

(i) the child;

(ii) a parent of his;

(iii) the child and a parent of his, acting jointly;

(but subject to regulations made under subsection (5A));

(b) in any other case, a parent of the child.”

(7) In subsection (5A), after paragraph (a) insert—

“(aa) in cases where separate appeals are made by a parent and a child against a decision made in relation to a preference expressed in accordance with arrangements made under section 86A(1), for the appeals to be joined, or otherwise for securing that no more than one appeal against the decision is proceeded with;”.’.—[Jim Knight.]