8(1)Sub-paragraph (2) applies where—E+W
(a)the parent of a child for whom a statement is maintained which specifies the name of a school or institution asks the [F1local authority] to substitute for that name the name of [F2a maintained school ] [F3or maintained nursery school] specified by the parent, and
(b)the request is not made less than 12 months after—
(i)an earlier request under this paragraph,
(ii)the service of a copy of the statement under paragraph 6,
(iii)[F4if the statement has been amended, the date when notice of the amendment is given under paragraph 10(3)(b), or]
(iv)if [F5the parent has appealed] [F5there is an appeal] to the Tribunal under section 326 or this paragraph, the date when the appeal is concluded,
whichever is the later.
(2)The [F1local authority] shall comply with the request unless—
(a)the school is unsuitable to the child’s age, ability or aptitude or to his special educational needs, or
(b)the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.
(3)Where the [F1local authority] determine not to comply with the request—
(a)they shall give [F6notice in writing of that fact] to the parent of the child, and
(b)the parent of the child may appeal to the Tribunal against the determination.
[F7(3A)A notice under sub-paragraph (3)(a) must inform the parent of the right of appeal under sub-paragraph (3)(b) and contain such other information as may be prescribed.]
(4)On the appeal the Tribunal may—
(a)dismiss the appeal, or
(b)order the [F1local authority] to substitute for the name of the school or other institution specified in the statement the name of the school specified by the parent.
(5)Regulations may provide that, where a [F1local authority] are under a duty to comply with a request under this paragraph, the duty must, subject to prescribed exceptions, be performed within the prescribed period.
(6)Such provision shall not relieve the authority of the duty to comply with such a request which has not been complied with within that period.
Textual Amendments
F1Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F2Words in Sch. 27 para. 8(1)(a) substituted (1.9.1999) by School Standards and Framework Act 1998 (c. 31), ss. 140(1)(2), 145(3), Sch. 30 para. 186(3); S.I. 1999/2323, art. 2(1), Sch. 1
F3Words in Sch. 27 para. 8(1)(a) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 58(b) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.
F4Sch. 27 para. 8(1)(b)(iii) repealed (1.4.2002 for W., otherwise prosp.) by 2001 c. 10, ss. 10, 42(6), 43, Sch. 1 para. 15(f), Sch. 9 (with s. 43(13)); S.I. 2002/74, art. 5, Sch. Pt. II
F5Words in Sch. 27 para. 8(1)(b)(iv) substituted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 5(a) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(m)
F6Words in Sch. 27 para. 8(3)(a) substituted (1.4.2002 for W., otherwise prosp.) by 2001 c. 10, ss. 42(1), 43, Sch. 8 para. 9(1) (with s. 43(13)); S.I. 2002/74, art. 5, Sch. Pt. II
F7Sch. 27 para. 8(3A) inserted (1.4.2002 for W., otherwise prosp.) by 2001 c. 10, ss. 42(1), 43, Sch. 8 para. 9(2) (with s. 43(13)); S.I. 2002/74, art. 5, Sch. Pt. II
Modifications etc. (not altering text)
C1Sch. 27 para. 8 excluded (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(5)(e)(10), 162 (with s. 159)