Part I

RESPONSIBILITY FOR EDUCATION
Chapter II

RESPONSIBILITY FOR EDUCATION AT SCHOOL

Power to direct admission of child to school

Direction to admit child to specified school.
13
1
The appropriate authority may give a direction under this section if, in the case of any child in the area of a local education authority, one 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 14(4) of this Act or by the funding authority, specify a school in the area referred to in subsection (1) above.
4
Where a school is specified in a direction under this section, the governing body (and, if the school is a maintained school and the local education authority are not the appropriate authority, the local education authority) shall admit the child to the school.
5
Subsection (4) above does not affect any power to exclude from a school a pupil who is already a registered pupil there.
6
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.
7
In this section and section 14 of this Act references to the appropriate authority, subject to subsection (8) below, are to the local education authority and references to schools are to maintained schools (other than maintained special schools) and grant-maintained schools.
8
Where the education which is suitable education for the child is also education of a kind to which an order under section 12(1)(b) of this Act applies made in respect of the area referred to in subsection (1) above, references in this section and section 14 of this Act to the appropriate authority are to be read in relation to—
a
that child, and
b
any maintained school (other than a maintained special school) or grant-maintained school in that area, and any such school in any other area to which an order under section 12(1)(b) of this Act applies which provides education which is relevant education in relation to that order,
as references to the funding authority.
Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with savings in ss. 1(4), 561, 562, Sch. 39); Sch. 13 paras. 6, 7 as saved continued (1.9.1999) by S.I. 1999/2267, reg. 2(2); and s. 154(4) expressed to be amended (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 25 (which amendment fell (1.4.1999) by reason of the repeal of the said Sch. 3 para. 25 by 1998 c. 31, s. 140(3), Sch. 31; S.I. 1999/1016, art. 2(1), Sch. 1)