Part VI School admissions, attendance and charges
Chapter II School attendance
School attendance orders
C7C4437 School attendance orders.
1
If it appears to a F31local authority that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education.
2
That period shall not be less than 15 days beginning with the day on which the notice is served.
3
If—
a
a parent on whom a notice has been served under subsection (1) fails to satisfy the F31local authority, within the period specified in the notice, that the child is receiving suitable education, and
b
in the opinion of the authority it is expedient that the child should attend school,
the authority shall serve on the parent an order (referred to in this Act as a “school attendance order”), in such form as may be prescribed, requiring him to cause the child to become a registered pupil at a school named in the order.
4
A school attendance order shall (subject to any amendment made by the F31local authority) continue in force for so long as the child is of compulsory school age, unless—
a
it is revoked by the authority, or
b
a direction is made in respect of it under section 443(2) or 447(5).
5
6
7
Subsection (6) does not affect any power to exclude from a school a pupil who is already a registered pupil there.
8
438 Choice of school: child without F45EHC plan F14or statement of special educational needsF14, or an individual development plan which names a school.
1
This section applies where a F31local 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 F15an EHC plan (in the case of a local authority in England) orF33a statement under section 324F33a child for whom an individual development plan is maintained in which a particular school is namedF47(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—
F3a
within the period mentioned in subsection (3) the parent applies for the child to be admitted to a school maintained by a F31local 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.
F45
If—
a
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)—
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 F34to any special educational needs he may haveF34—
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.
C1C2C6C5439 Specification of schools in notices under section 438(2).
1
Subject to subsection (3), a F31local authority shall not, if it appears to them that subsection (2) applies in relation to any school, specify the school in a notice under section 438(2) unless they are responsible for determining the arrangements for the admission of pupils to the school.
C32
This subsection applies where, if the child concerned were admitted to the school in accordance with a school attendance order resulting from the notice, the number of pupils at the school in the child’s age group would exceed the number F6F18determined in accordance with section 89 of the School Standards and Framework Act 1998 (determination of admission numbers)) as the number of pupils in that age group which it is intended to admit to the school in the school year in which he would be admitted.
3
Subsection (1) does not prevent a F31local authority specifying in a notice under section 438(2) any maintained F7. . . school if—
a
there is no maintained F7. . . school in their area which—
i
the authority are not (apart from this subsection) prevented by subsection (1) from specifying, and
ii
is, in the opinion of the authority, a reasonable distance from the home of the child concerned, and
b
in the opinion of the authority, the school in question is a reasonable distance from the home of the child concerned.
4
A F31local authority shall not specify in a notice under section 438(2) a school from which the child concerned is permanently excluded.
F84A
A F31local authority shall not specify a school in a notice under section 438(2) if the admission of the child concerned would result in prejudice of the kind referred to in section 86(3)(a) of the School Standards and Framework Act 1998 (parental preferences) by reason of measures required to be taken as mentioned in subsection (4) of that section.
5
Before deciding to specify a particular maintained F7. . . school in a notice under section 438(2) a F31local authority shall consult—
a
the governing body, and
b
if another F31local authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.
6
Where a F31local authority decide to specify a particular maintained F7. . .school in a notice under section 438(2) they shall, before serving the notice, serve notice in writing of their decision on—
a
the governing body and head teacher of the school, and
b
if another F31local authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.
7
A governing body or F31local authority on whom notice is served under subsection (6) may, within the period of 15 days beginning with the day on which the notice was received, apply to the Secretary of State for a direction under this section and, if they do so, shall inform the F31local authority which served the notice.
8
Where the Secretary of State gives a direction under this section, the school or schools to be specified in the notice under section 438(2) shall be determined in accordance with the direction.
440 Amendment of order at request of parent: child without F24EHC plan F23or statement of special educational needsF23, or an individual development plan which names a school.
1
This section applies where a school attendance order is in force in respect of a child, other than a child for whom the F31local authority maintain F44an EHC plan (in the case of a local authority in England) orF35a statement under section 324F35a child for whom an individual development plan is maintained in which a particular school is namedF53(in the case of a local authority in Wales).
2
If at any time—
a
b
the child is offered a place at the school as a result of the application, and
c
the parent requests the F31local authority by whom the order was served to amend it by substituting that school for the one currently named,
the authority shall comply with the request.
3
If at any time—
F10a
the parent applies to the authority for education to be provided for the child at a school which is not a school maintained by a F31local authority and which is different from the school named in the order,
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, and
c
the parent requests the authority to amend the order by substituting that school for the one currently named,
the authority shall comply with the request.
4
If at any time—
a
b
as a result of the application, the child is offered a place at the school, being a school which is suitable to his age, ability and aptitude and F43to any special educational needs he may haveF43—
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, and
c
the parent requests the authority to amend the order by substituting that school for the one currently named,
the authority shall comply with the request.
441 Choice of school: child with F41EHC plan F36or statement of special educational needs.
1
Subsections (2) and (3) apply where a F31local authorityF46in England are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom they maintain F28an EHC plan F48(in the case of a local authority in England) or a statement under section 324 F52(in the case of a local authority in Wales).
2
3
a
b
that school shall then be named in the order.
F133A
F17An amendment to a statement required to be made under subsection (3)(a) shall be treated for the purposes of Schedule 27 as if it were an amendment proposed following a periodic review (within the meaning of that Schedule).
F163B
An amendment to an EHC plan required to be made under subsection (3)(a) shall be treated as if it were an amendment made following a review under section 44 of the Children and Families Act 2014, and that section and regulations made under it apply accordingly.
4
Where—
a
the F31local authority shall amend the order accordingly.
441AF38Choice of school: child with individual development plan which names a school
1
Where a local authority in Wales are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom an individual development plan is maintained in which a particular school is named, that school must be named in the order.
2
Where—
a
a school attendance order is in force in respect of a child for whom an individual development plan is maintained in which a particular school is named, and
b
the name of the school specified in the plan is changed,
the local authority must amend the order accordingly.
3
Where—
a
a school attendance order is in force in respect of a child for whom no individual development plan is maintained in which a particular school is named, and
b
an individual development plan in which a particular school is named begins to be maintained for the child,
the local authority must amend the order accordingly.
442 Revocation of order at request of parent.
1
This section applies where a school attendance order is in force in respect of a child.
2
If at any time the parent applies to the F31local authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education otherwise than at school, the authority shall comply with the request, unless they are of the opinion that no satisfactory arrangements have been made for the education of the child otherwise than at school.
3
If a parent is aggrieved by a refusal of the F31local authority to comply with a request under subsection (2), he may refer the question to the Secretary of State.
4
Where a question is referred to the Secretary of State under subsection (3), he shall give such direction determining the question as he thinks fit.
5
Where the child in question is one for whom the authority maintain F51an EHC plan (in the case of a local authority in England)F27or a statement under section 324 (in the case of a local authority in Wales)—
a
b
in any other case a direction under subsection (4) may require the authority to make such amendments in the plan F30or the statement as the Secretary of State considers necessary or expedient in consequence of his determination.
F216
Where, in the case of a local authority in Wales, the child in question is one for whom an individual development plan is maintained by the authority or by another local authority—
a
subsections (2) to (4) do not apply if a school or other institution is named in the individual development plan, and
b
in any other case a direction under subsection (4) may require the authority maintaining the individual development plan to make such amendments to the plan as is considered necessary or expedient in consequence of the determination.