Curriculum and Assessment (Wales) Act 2021

45 Appeals about temporary exceptions for individual pupils

(1) This section applies where—

(a) the head teacher of a school makes, varies or revokes a determination relating to a pupil under regulations made under section 42, or

(b) a pupil, or a pupil’s parent, asks the head teacher of a school to make a determination under those regulations in relation to the pupil, but no determination is made.

(2) Each of the following may appeal to the governing body of the school—

(a) the pupil;

(b) the pupil’s parent.

(3) Subsection (2)(a) does not apply if the governing body considers that the pupil in question does not have the capacity to understand what it means to exercise the right conferred by this section.

(4) If an appeal is made under this section, the governing body may—

(a) direct the head teacher, in writing, to take the action that it considers appropriate in respect of the determination referred to in subsection (1)(a) or the request referred to in subsection (1)(b), or

(b) inform the head teacher, in writing, that no such direction will be given.

(5) The governing body must give written notice of its decision to—

(a) the pupil, and

(b) the pupil’s parent.

(6) Subsection (5)(a) does not apply if the governing body considers that the pupil in question does not have the capacity to understand the information that would be given.

(7) The head teacher must comply with a direction given under subsection (4).

(8) Regulations may make further provision in connection with appeals under this section.