(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 [F2the appropriate authority (within the meaning of section 97)] 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 [F3sections 97 to 97C] “school” means a maintained school.
Textual Amendments
F1Words in s. 96(1) inserted (1.10.2002 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 10 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. para. 8); S.I. 2005/1395, art. 4, Sch. (with art. 5(2))
F2Words in s. 96(3) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 51(2)(a), 188(3); S.I. 2006/3400, art. 3(d)
F3Words in s. 96(8) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 51(2)(b), 188(3); S.I. 2006/3400, art. 3(d)
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)
C3Ss. 95-99 applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))