SCHEDULES
SCHEDULE 10Accessibility for disabled pupils
Power of direction
5
1
This sub-paragraph applies if the appropriate authority is satisfied (whether or not on a complaint) that a responsible body—
a
has acted or is proposing to act unreasonably in the discharge of a duty under this Schedule, or
b
has failed to discharge such a duty.
2
This sub-paragraph applies if the appropriate authority is satisfied (whether or not on a complaint) that a responsible body of a school specified in sub-paragraph (3)—
a
has acted or is proposing to act unreasonably in the discharge of a duty the body has in relation to the provision to the authority of copies of the body's accessibility plan or the inspection of that plan, or
b
has failed to discharge the duty.
3
The schools are—
a
schools approved under section 342 of the Education Act 1996 (non-maintained special schools);
F1b
Academy schools;
c
alternative provision Academies.
4
This sub-paragraph applies if a Tribunal has made an order under paragraph 5 of Schedule 17 and the appropriate authority is satisfied (whether or not on a complaint) that the responsible body concerned—
a
has acted or is proposing to act unreasonably in complying with the order, or
b
has failed to comply with the order.
5
If sub-paragraph (1), (2) or (4) applies, the appropriate authority may give a responsible body such directions as the authority thinks expedient as to—
a
the discharge by the body of the duty, or
b
compliance by the body with the order.
6
A direction may be given in relation to sub-paragraph (1) or (2) even if the performance of the duty is contingent on the opinion of the responsible body.
7
A direction may not, unless sub-paragraph (8) applies, be given to the responsible body of a school in England in respect of a matter—
a
that has been complained about to a Local Commissioner in accordance with Chapter 2 of Part 10 of the Apprenticeships, Skills, Children and Learning Act 2009 (parental complaints against governing bodies etc.), or
b
that the appropriate authority thinks could have been so complained about.
8
This sub-paragraph applies if—
a
the Local Commissioner has made a recommendation to the responsible body under section 211(4) of the Apprenticeships, Skills, Children and Learning Act 2009 (statement following investigation) in respect of the matter, and
b
the responsible body has not complied with the recommendation.
9
A direction—
a
may be varied or revoked by the appropriate authority;
b
may be enforced, on the application of the appropriate authority, by a mandatory order obtained in accordance with section 31 of the Senior Courts Act 1981.
10
The appropriate authority is—
a
in relation to the responsible body of a school in England, the Secretary of State;
b
in relation to the responsible body of a school in Wales, the Welsh Ministers.