Legislation – Education and Skills Act 2008
Changes to legislation:
There are currently no known outstanding effects for the Education and Skills Act 2008, Section 152.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Part 5Miscellaneous and general
Chapter 2Miscellaneous
School admissions
152Sixth 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)
“(za)
in a case where the F1local 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 “
, and
any other decision
”
(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)
“(2B)
In this section, “the appropriate person”, in relation to a child, means—
(a)
in the case of a decision about sixth form education 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)
“(aa)
in cases where separate appeals are made by a parent and a child against a decision about sixth form education for the child, for the appeals to be joined, or otherwise for securing that no more than one appeal against the decision is proceeded with;”.
(8)
“(6A)
In this section, any reference to a decision about sixth form education for a child is a reference to a decision—
(a)
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, or
(b)
refusing permission for the child to enter the sixth form of the school to which he has been admitted.”