Part VI School admissions, attendance and charges

Chapter II School attendance

School attendance orders

438 Choice of school: child without F9EHC plan F4or statement of special educational needsF4, or an individual development plan which names a school.

1

This section applies where a F6local authority are required by virtue of section 437(3) to serve a school attendance order in respect of a child, other than a child for whom they maintain F5an EHC plan (in the case of a local authority in England) orF7a statement under section 324F7a child for whom an individual development plan is maintained in which a particular school is namedF10(in the case of a local authority in Wales).

2

Before serving the order, the authority shall serve on the parent a notice in writing—

a

informing him of their intention to serve the order,

b

specifying the school which the authority intend to name in the order and, if they think fit, one or more other schools which they regard as suitable alternatives, and

c

stating the effect of subsections (3) to (6).

3

If the notice specifies one or more alternative schools and the parent selects one of them within the period of 15 days beginning with the day on which the notice is served, the school selected by him shall be named in the order.

4

If—

F1a

within the period mentioned in subsection (3) the parent applies for the child to be admitted to a school maintained by a F6local authority and, where that authority are not the authority by whom the notice was served, notifies the latter authority of the application, and

b

the child is offered a place at the school as a result of the application,

that school shall be named in the order.

F25

If—

a

within the period mentioned in subsection (3), the parent applies to the F6local authority by whom the notice was served for education to be provided at a school which is not a school maintained by a F6local authority, and

b

the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school,

that school shall be named in the order.

6

If, within the period mentioned in subsection (3)—

a

the parent—

i

applies for the child to be admitted to a school which is not maintained by a F6local authorityF3. . . , and in respect of which no application is made under subsection (5), and

ii

notifies the F6local authority by whom the notice was served of the application,

b

the child is offered a place at the school as a result of the application, and

c

the school is suitable to his age, ability and aptitude and F8to any special educational needs he may haveF8—

i

(in the case of a local authority in England) any special educational needs the child may have, or

ii

(in the case of a local authority in Wales) any additional learning needs the child may have,

that school shall be named in the order.