Commentary on Sections Part 2 – Curriculum in Maintained Schools, Maintained Nursery Schools and Funded Non-Maintained Nursery Education Maintained schools and maintained nursery schools Section 33 – Reviews and appeals relating to pupil choice
65.This section enables a pupil, or parent of a pupil, who is given information about a determination made under section 31 to require the head teacher to review that determination. If a review is required, the head teacher must either confirm, vary or revoke (i.e. withdraw) the determination, and must give notice of the decision to the pupil and the pupil’s parent.
66.If the pupil or parent is unhappy with the outcome of the review, the pupil or the pupil’s parent may appeal to the school’s governing body.
67.If an appeal is made, the governing body must either confirm, vary or revoke (i.e. withdraw) the head teacher’s decision, and must give notice of its decision to the pupil and the pupil’s parent.
68.There is no duty to provide information to the pupil about the outcome of a review or appeal if the decision maker considers that the pupil does not have the capacity to understand the information that would be given or (in the case of a decision on a review) what it would mean to exercise the right to appeal.