School Standards and Framework Act 1998 (c. 31)

(The document as of February, 2008)

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(i) their application,

(ii) a copy of the published proposals, and

(iii) such information in connection with those proposals as may be prescribed,

to the school organisation committee.

(2) Before making such an application, the local education authority or the governing body shall consult the governing body or the local education authority, as the case may be.

(3) Sub-paragraph (2) shall not apply in relation to any application made by the local education authority or the governing body in accordance with section 93(7).

(4) Any person may make objections to any proposals published under sub-paragraph (1).

(5) Objections under sub-paragraph (4) shall be sent to the school organisation committee within such period as may be prescribed.

(6) Where any proposals published under this paragraph relate to a school which is situated in an area other than that of the local education authority who maintain the school, the provisions of this paragraph and paragraph 6 shall have effect in relation to the proposals with such modifications as may be prescribed.

Decision on application to vary standard number

6 (1) Subject to the following provisions of this paragraph, on an application for a decision under paragraph 4(2), the school organisation committee may--

(a) make a decision under that provision varying the standard number to the number proposed;

(b) where the application is for an increase in the standard number, make a decision under that provision increasing the standard number to such number (less than the number proposed) as they think desirable;

(c) where the application is for a reduction of the standard number, make a decision under that provision reducing the standard number to such number (greater than the number proposed) as they think desirable; or

(d) decide not to vary the standard number.

(2) Before making any decision in accordance with paragraph (b) or (c) of sub-paragraph (1), the committee shall consult the local education authority and the governing body of the school.

(3) When making any decision in accordance with sub-paragraph (1), the committee shall have regard to--

(a) any guidance given from time to time by the Secretary of State,

(b) the school organisation plan for the area in which the school is situated, and

(c) where the application is for the reduction of a standard number at a primary school, any limit imposed under section 1 which applies to that school and to any other school which is likely to be affected if any reduction of that number were to be made.

(4) Subject to sub-paragraph (5), the committee shall not make a decision reducing a standard number unless they are satisfied that the reduction is necessary, having regard to the school's capacity to accommodate pupils.

(5) Where--

(a) an application is for a reduction of any standard number applicable to admissions to an infant class (as defined by section 4); and

(b) the committee are satisfied that the admission to the school in any school year of a number of children in any relevant age group equal to the relevant standard number would cause prejudice of the kind referred to in section 86(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section,

the committee shall make a decision under paragraph 4(2) reducing the standard number by the smallest number which they consider sufficient to avoid such prejudice arising.

(6) Where the school organisation committee make a decision in accordance with paragraph (a), (b) or (c) of sub-paragraph (1), then subject to sub-paragraph (2) the committee may decide that the standard number shall be varied with effect from a date other than that specified in the application.

(7) If--

(a) by the end of such period as may be specified in or determined in accordance with regulations, the committee have not voted on the question whether to vary the standard number under sub-paragraph (1), and

(b) the body by whom the application was made request the committee to refer the application to the adjudicator,

they shall refer the application to the adjudicator.

(8) If the committee--

(a) have voted on any matter which (in accordance with regulations under paragraph 5 of Schedule 4) falls to be decided by them under sub-paragraph (1) by a unanimous decision, but

(b) have failed to reach such a decision on that matter,

they shall refer the application to the adjudicator.

(9) Where any application is referred to the adjudicator under sub-paragraph (7) or (8)--

(a) he shall consider the application afresh; and

(b) sub-paragraphs (1) to (6) shall apply to him in connection with his decision on the application as they apply to the committee.

(10) Regulations may make provision for enabling the school organisation committee or the adjudicator--

(a) to review any decision of theirs made in accordance with sub-paragraph (1), and

(b) (if appropriate) to revoke or vary any such decision,

in such circumstances as may be prescribed.

(11) For the purposes of sub-paragraph (4) a school's capacity to accommodate pupils shall be calculated having regard to any guidance given from time to time by the Secretary of State.

Part III Variation of standard numbers: Wales

Application of Part III

7 This Part of this Schedule applies to schools in Wales.

Variation of standard numbers

8 (1) The Secretary of State may by order applying to maintained schools of any class or description vary any standard number that would otherwise apply by virtue of paragraph 1 or 2.

(2) Subject to sub-paragraphs (3) to (5), the Secretary of State may make a decision varying any standard number that would otherwise apply to an individual school by virtue of paragraph 1 or 2 or by virtue of any order made under sub-paragraph (1).

(3) A decision under sub-paragraph (2) increasing a standard number may be made on the application of the admission authority for the school or on an application made by the governing body or local education authority in accordance with section 93(7).

(4) A decision under sub-paragraph (2) reducing a standard number may only be made on the application of the admission authority for the school.

(5) A decision under sub-paragraph (2) is subject to the procedure provided for in paragraphs 9 and 10.

Procedure for application to vary standard number

9 (1) Where the local education authority or the governing body intend to apply for a variation under paragraph 8(2) of any standard number applying to a school under paragraph 1, 2 or 8 for any age group in any year--

(a) they shall publish their proposals relating to the variation in such manner, and containing such information, as may be prescribed, and

(b) they shall send--

(i) their application,

(ii) a copy of the published proposals, and

(iii) such information in connection with those proposals as may be prescribed,

to the Secretary of State.

(2) Before making such an application, the local education authority or the governing body shall consult the governing body or the local education authority, as the case may be.

(3) In making such an application, the local education authority or the governing body shall have regard to any guidance given from time to time by the Secretary of State (including any such guidance as to the manner in which a school's capacity to accommodate pupils should be calculated).

(4) Sub-paragraph (2) shall not apply in relation to any application made by the local education authority or the governing body in accordance with section 93(7).

(5) Any person may make objections to any proposals published under sub-paragraph (1).

(6) Objections under sub-paragraph (5) shall be sent to the Secretary of State within such period as may be prescribed.

(7) Where any proposals published under this paragraph relate to a school which is situated in an area other than that of the local education authority who maintain the school, the provisions of this paragraph and paragraph 10 shall have effect in relation to the proposals with such modifications as may be prescribed.

Decision on application to vary standard number

10 (1) Subject to the following provisions of this paragraph, on an application for a decision under paragraph 8(2), the Secretary of State may--

(a) make a decision under that provision varying the standard number to the number proposed;

(d) decide not to vary the standard number.

(2) Before making any decision in accordance with paragraph (b) or (c) of sub-paragraph (1), the Secretary of State shall consult the local education authority and the governing body of the school.

(3) When making any decision in accordance with sub-paragraph (1), the Secretary of State shall have regard to--

(a) the school organisation plan for the area in which the school is situated, and

(b) where the application is for the reduction of a standard number at a primary school, any limit imposed under section 1 which applies to that school and to any other school which is likely to be affected if any reduction of that number were to be made.

(4) Subject to sub-paragraph (5), the Secretary of State shall not make a decision reducing a standard number unless he is satisfied that the reduction is necessary, having regard to the school's capacity to accommodate pupils.

(5) Where--

(a) an application is for a reduction of any standard number applicable to admissions to an infant class (as defined by section 4); and

(b) the Secretary of State is satisfied that the admission to the school in any school year of a number of children in any relevant age group equal to the relevant standard number would cause prejudice of the kind referred to in section 86(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section,

the Secretary of State shall make a decision under paragraph 8(2) reducing the standard number by the smallest number which he considers sufficient to avoid such prejudice arising.

(6) Where the Secretary of State makes a decision in accordance with paragraph (a), (b) or (c) of sub-paragraph (1), then subject to sub-paragraph (2) he may decide that the standard number shall be varied with effect from a date other than that specified in the application.

(7) Regulations may make provision for enabling the Secretary of State--

(a) to review any decision of his made in accordance with sub-paragraph (1), and

(b) (if appropriate) to revoke or vary any such decision,

in such circumstances as may be prescribed.

Part IV Review of standard numbers

11 (1) The admission authority for a maintained school shall keep under review any standard numbers applying to the school under paragraph 1, 2, 4 or 8, as the case may be, having regard to--

(a) the school's capacity to accommodate pupils, and

(b) in the case of any standard number applicable to admissions to an infant class (as defined by section 4), the need to secure that the admission to the school in any school year of a number of children in any relevant age group equal to the relevant standard number would not cause prejudice of the kind referred to in section 86(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section.

(2) The admission authority for a maintained school containing any infant class (as defined by section 4) shall in particular carry out a review under sub-paragraph (1) as soon as reasonably practicable following the coming into force of regulations under section 1 by virtue of which any limit on class sizes is to apply, or be varied, in relation to any such class at the school.

(3) Where, as a result of a review under sub-paragraph (1), the authority consider that any standard number at the school should be varied in order to enable the objective referred to in sub-paragraph (1)(b) to be achieved, they shall make an application for a decision under paragraph 4(2) or 8(2) (as the case may be) varying the standard number.

(4) For the purposes of sub-paragraph (1) a school's capacity to accommodate pupils shall be calculated having regard to any guidance given from time to time by the Secretary of State.

Section 94.

SCHEDULE 24 Admission appeals

Part I Constitution of appeal panels

Appeal arrangements made by local education authorities

1 (1) An appeal pursuant to arrangements made by a local education authority under section 94(1) shall be to an appeal panel constituted in accordance with this paragraph.

(2) An appeal panel shall consist of three or five members appointed by the authority from--

(a) persons who are eligible to be lay members; and

(b) persons who have experience in education, are acquainted with educational conditions in the area of the authority or are parents of registered pupils at a school.

(3) Of the members of an appeal panel--

(a) at least one must be a person who is eligible to be a lay member and is appointed as such; and

(b) at least one must be a person falling within sub-paragraph (2)(b).

(4) For the purposes of this paragraph a person is eligible to be a lay member if he is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity).

(5) Sufficient persons may be appointed by the authority under this paragraph to enable two or more appeal panels to sit at the same time.

(6) No person shall be a member of an appeal panel if he is disqualified by virtue of sub-paragraph (7).

(7) The following persons are disqualified for membership of an appeal panel--

(a) any member of the authority or of the governing body of the school in question;

(b) any person employed by the authority or the governing body, other than a person employed as a teacher;

(c) any person who has, or at any time has had, any connection with the authority or the school, or with any person within paragraph (b), of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority or the school.

(8) A person employed as a teacher by the authority shall not be taken, by reason only of that employment, to have such a connection with the authority as is mentioned in sub-paragraph (7)(c).

(9) A person shall not be a member of an appeal panel for the consideration of an appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.

(10) A person who is a teacher at a school shall not be a member of an appeal panel for the consideration of an appeal involving a question whether a child is to be admitted to that school.

(11) Where, at any time after an appeal panel consisting of five members have begun to consider an appeal, any of the members--

(a) dies, or

(b) becomes unable through illness to continue as a member,

the panel may continue with their consideration and determination of the appeal so long as the number of the remaining members is not less than three and the requirements of sub-paragraph (3) are satisfied.

Appeal arrangements made by governing bodies

2 (1) An appeal pursuant to arrangements made by the governing body of a foundation or voluntary aided school under section 94(2) shall be to an appeal panel constituted in accordance with this paragraph.

(2) An appeal panel shall consist of three or five members appointed by the governing body from--

(a) persons who are eligible to be lay members; and

(b) persons who have experience in education, are acquainted with educational conditions in the area of the school or are parents of registered pupils at a school.

(3) Of the members of an appeal panel--

(a) at least one must be a person who is eligible to be a lay member and is appointed as such; and

(b) at least one must be a person falling within sub-paragraph (2)(b).

(5) Sufficient persons may be appointed by the governing body under this paragraph to enable two or more appeal panels to sit at the same time.

(6) No person shall be a member of an appeal panel if he is disqualified by virtue of sub-paragraph (7).

(7) The following persons are disqualified for membership of an appeal panel--

(a) any member of the local education authority by whom the school is maintained or of the governing body;

(b) any person employed by the authority or the governing body, other than a person employed as a teacher;

(8) A person employed as a teacher by the authority shall not be taken, by reason only of that employment, to have such a connection with the authority as is mentioned in sub-paragraph (7)(c).

(9) A person who is a teacher at a school shall not be a member of an appeal panel for the consideration of an appeal involving a question whether a child is to be admitted to that school.

(10) Where, at any time after an appeal panel consisting of five members have begun to consider an appeal, any of the members--

(a) dies, or

(b) becomes unable through illness to continue as a member,

3 (1) Where (by virtue of section 94(3)) joint arrangements are made under section 94(2) by the governing bodies of two or more schools, paragraph 2 shall apply as if--

(a) (except in sub-paragraph (7)) any reference to the governing body were a reference to the governing bodies of both or all the schools; and

(b) in sub-paragraph (7), any reference to the governing body of the school in question or to that school were a reference to any of those governing bodies or to any of those schools (as the case may be).

(2) An appeal pursuant to such joint arrangements shall be to an appeal panel constituted in accordance with paragraph 2 as it so applies.

Joint arrangements by local education authorities and governing bodies

4 (1) Where (by virtue of section 94(4)) joint arrangements are made by a local education authority and the governing body or bodies of one or more schools, paragraph 1 shall apply in relation to those arrangements as it applies in relation to arrangements made by a local education authority under section 94(1), but as if in sub-paragraph (7) any reference to the governing body of the school in question or to that school were a reference to the governing body of any school to which the arrangements relate or to any such school (as the case may be).

(2) An appeal pursuant to such joint arrangements shall be to an appeal panel constituted in accordance with paragraph 1 as it so applies.

Allowances for members

5 (1) For the purpose of the payment of financial loss allowance under section 173(4) of the [1972 c. 70.] Local Government Act 1972, that provision shall apply, with any necessary modifications, to any member of an appeal panel constituted in accordance with paragraph 1 or 2 (or in accordance with either of those paragraphs as it applies by virtue of paragraph 3 or 4) as it applies to any member of a parish or community council; and such an appeal panel shall be included in the bodies to which section 174 of that Act (travelling and subsistence allowances) applies.

(2) In section 174(1) of that Act, in its application to a panel in accordance with sub-paragraph (1), the reference to payments at rates determined by the body in question shall be read as a reference to payments at rates determined--

(a) by the authority, if the panel is constituted in accordance with paragraph 1 (or in accordance with that paragraph as it applies by virtue of paragraph 4); and

(b) otherwise by the governing body or bodies of the school or schools in question.

Duty to advertise for lay members

6 The Secretary of State may by regulations require any local education authority or governing body who are required by section 94(1) or (2) to make arrangements under that provision--

(a) to advertise, in such manner and at such times as may be prescribed, for persons eligible to be lay members of any appeal panel required to be constituted for the purposes of such arrangements to apply to the authority or body for appointment as such members, and

(b) in appointing persons as such members, to consider any persons eligible to be so appointed who have applied to the authority or body in response to an advertisement placed in pursuance of sub-paragraph (a) above.

Indemnity

7 (1) Any local education authority or governing body required to make arrangements under section 94(1) or (2) shall indemnify the members of any appeal panel required to be constituted for the purposes of those arrangements against any reasonable legal costs and expenses reasonably incurred by those members in connection with any decision or action taken by them in good faith in pursuance of their functions as members of that panel.

(2) Where any such panel is constituted in accordance with--

(a) paragraph 1 as it applies by virtue of paragraph 4, or

(b) paragraph 2 as it applies by virtue of paragraph 3,

any liability arising under sub-paragraph (1) above shall be a joint and several liability of the bodies by whom the joint arrangements are made unless otherwise previously agreed in writing between those bodies.

Part II Procedure

8 In this Part of this Schedule "appeal" means an appeal pursuant to any arrangements made under section 94.

9 An appeal shall be by notice in writing setting out the grounds on which it is made.

10 An appeal panel shall give the appellant an opportunity of appearing and making oral representations, and may allow him to be accompanied by a friend or to be represented.

11 The matters to be taken into account by an appeal panel in considering an appeal shall include--

(a) any preference expressed by the appellant in respect of the child as mentioned in section 86, and

(b) the arrangements for the admission of pupils published by the local education authority or the governing body under section 92.

12 Where the decision under appeal was made on the ground that prejudice of the kind referred to in section 86(3)(a) would arise as mentioned in subsection (4) of that section, an appeal panel shall determine that a place is to be offered to the child only if they are satisfied--

(a) that the decision was not one which a reasonable admission authority would make in the circumstances of the case; or

(b) that the child would have been offered a place if the admission arrangements (as published under section 92) had been properly implemented.

13 (1) Appeals shall be heard in private except when the body or bodies by whom the arrangements under section 94 are made direct otherwise; but--

(a) if the panel so direct, one member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal panel constituted in accordance with paragraph 1;

(b) if the panel so direct, one member of the governing body of the school in question may attend, as an observer, any hearing of an appeal by an appeal panel constituted in accordance with paragraph 1 or 2 (or in accordance with paragraph 2 as it applies by virtue of paragraph 3); and

(c) one member of the Council on Tribunals may attend, as an observer, any meeting of any appeal panel at which an appeal is considered.

(2) For the purposes of sub-paragraph (1), an appeal to an appeal panel constituted in accordance with paragraph 1 as it applies by virtue of paragraph 4 shall be treated--

(a) as an appeal to an appeal panel constituted in accordance with paragraph 1 if it relates to a community or voluntary controlled school; and

(b) as an appeal to an appeal panel constituted in accordance with paragraph 2 if it relates to a foundation or voluntary aided school.

14 In the event of a disagreement between the members of an appeal panel, the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the panel shall have a second or casting vote.

15 (1) The decision of an appeal panel and the grounds on which it is made shall be communicated by the panel in writing to--

(a) the appellant and the local education authority, and

(b) in the case of an appeal to an appeal panel constituted in accordance with paragraph 2 (or in accordance with that paragraph as it applies by virtue of paragraph 3), to the governing body by whom or on whose behalf the decision appealed against was made.

(2) For the purposes of sub-paragraph (1), an appeal to an appeal panel constituted in accordance with paragraph 1 as it applies by virtue of paragraph 4 shall be treated as an appeal to an appeal panel constituted in accordance with paragraph 2, if it relates to a foundation or voluntary aided school.

16 Subject to paragraphs 9 to 15, all matters relating to the procedure on appeals, including the time within which they are to be brought, shall be determined by the body or bodies by whom the arrangements under section 94 are made.

Power of Secretary of State to make amendments

17 The Secretary of State may by order make such amendments of this Schedule as he considers expedient.

Section 95.

SCHEDULE 25 Children to whom section 87 applies: appeals by governing bodies

Duty to notify governing body of decision to admit child

1 Where any such decision as is mentioned in section 95(2) is made by or on behalf of a local education authority, the authority shall give the governing body of the school notice in writing--

(a) of that decision; and

(b) of the governing body's right to appeal against the decision in accordance with paragraph 2.

Time limit on appealing

2 An appeal by the governing body against any such decision must be made not later than the 15th school day after the day on which they are given the notice under paragraph 1.

Appeal panels

3 (1) Subject to sub-paragraphs (2) and (3) below, paragraphs 1, 5, 6 and 7 of Schedule 24 (school admission appeals) shall have effect in relation to appeals under section 95(2) as they have effect in relation to appeals under section 94(1).

(2) A person shall not be a member of an appeal panel for the consideration of an appeal under section 95(2) if he has to any extent been involved in any previous consideration of the question whether the child in question should or should not be reinstated at any school from which he has at any time been permanently excluded, or in any previous appeal relating to the child under section 95(2).

(3) In this paragraph "appeal panel" means an appeal panel constituted in accordance with Part I of Schedule 24, as it applies in accordance with this paragraph.

Procedure on an appeal

4 In the following provisions of this Schedule--

"appeal" means an appeal under section 95(2); and
"appeal panel" means such an appeal panel as is mentioned in paragraph 3(3) above.

5 An appeal shall be by notice in writing setting out the grounds on which it is made.

6 (1) The appeal panel shall meet to consider an appeal on such date as the local education authority may determine.

(2) The date so determined must not be later than the 15th school day after the day on which the appeal is lodged.

7 On an appeal the panel shall allow--

(a) the local education authority and the governing body to make written representations;

(b) an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations; and

8 In considering an appeal the appeal panel shall have regard to--

(a) the reasons for the local education authority's decision that the child in question should be admitted; and

(b) any reasons put forward by the governing body as to why the child's admission would be inappropriate.

9 Appeals shall be heard in private except when the local education authority direct otherwise; but--

(a) if the panel so direct, one member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal panel; and

(b) one member of the Council on Tribunals may attend, as an observer, any meeting of an appeal panel at which an appeal is considered.

10 Two or more appeals may be combined and dealt with in the same proceedings if the appeal panel consider that it is expedient to do so because the issues raised by the appeals are the same or connected.

11 In the event of a disagreement between the members of an appeal panel, the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the panel shall have a second or casting vote.

12 The decision of an appeal panel and the grounds on which it is made shall--

(a) be communicated by the panel in writing to the local education authority and the governing body, and

(b) be so communicated by the end of the second school day after the conclusion of the hearing of the appeal.

13 Subject to paragraphs 5 to 12, all matters relating to the procedure on appeals shall be determined by the local education authority.

Power of Secretary of State to make amendments

14 The Secretary of State may by order make such amendments of this Schedule as he considers expedient.

Section 122.

SCHEDULE 26 Inspection of nursery education

Introductory

1 (1) In this Schedule "relevant nursery education" means--

(a) nursery education which is provided by a local education authority;

(b) nursery education which is provided by any other person who is (or is to be) in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a); or

(c) nursery education in respect of which grants are (or are to be) made under arrangements under section 1 of the [1996 c. 50.] Nursery Education and Grant-Maintained Schools Act 1996.

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