(1)The local education authority may give a direction under this section [F1to the governing body of a school for which they are not the admission authority] if, in the case of any child in their area, either (or both) of the following conditions is satisfied in relation to each school which is a reasonable distance from his home and provides suitable education, that is—
(a)he has been refused admission to the school, or
(b)he is permanently excluded from the school.
(2)A direction under this section shall specify a school—
(a)which is a reasonable distance from the child’s home, and
(b)from which the child is not permanently excluded.
(3)A direction under this section shall, unless it is given on the determination of the Secretary of State under section 97(4), specify a school in the area referred to in subsection (1).
(4)A direction under this section to admit a child shall not specify a school if his admission would result in 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.
(5)Where a school is specified in a direction under this section, the governing body shall admit the child to the school.
(6)Subsection (5) does not affect any power to exclude from a school a pupil who is already a registered pupil there.
(7)In this section “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.
(8)In this section and section 97 “school” means a maintained school.
Textual Amendments
F1Word in s. 96(1) inserted (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 51, 216, Sch. 4 para. 10 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.)
Modifications etc. (not altering text)
C1S. 96 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.
S. 96 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.
C2Ss. 95-99 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
(1)Before deciding to give a direction under section 96, the local education authority shall consult—
(a)the parent of the child, and
(b)the governing body of the school they propose to specify in the direction.
(2)Where the local education authority decide to give such a direction specifying any school—
(a)they shall, before doing so, serve a notice in writing of their decision on the governing body and head teacher of the school, and
(b)they shall not give the direction until the period for referring the matter to the Secretary of State under subsection (3) has expired and, if it is so referred, the Secretary of State has made his determination.
(3)The governing body may, within the period of 15 days beginning with the day on which the notice was served, refer the matter to the Secretary of State and, if they do so, shall inform the local education authority.
[F2(4)On a reference under subsection (3) the Secretary of State may determine which school is to be required to admit the child, and if he does so—
(a)where the local education authority referred to in subsection (1) are the admission authority for that school, they shall—
(i)admit the child to the school, and
(ii)give notice in writing to the governing body and head teacher of the school of the Secretary of State’s determination, and
(b)in any other case, that school shall be specified in the direction.]
(5)The Secretary of State shall not make a determination under subsection (4) in relation to a school if the child’s admission to the school would result in 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.
[F3(6)A direction under section 96 shall be given by notice in writing; and a copy of the notice shall be given by the local education authority to the head teacher of theschool.]
Textual Amendments
F2S. 97(4) substituted (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 51, 216, Sch. 4 para. 11(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.)
F3S. 97(6) substituted (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 51, 216, Sch. 4 para. 11(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.)
Modifications etc. (not altering text)
C2Ss. 95-99 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
C3S. 97 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.
S. 97 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.