(1)Where the parent of a [F2qualifying child] makes a written request to an education authority to place his child in the school specified in the request, being a school [F3(other than a nursery school or a nursery class in a school)] under their management, it shall be the duty of the authority, subject to subsections (2) [F4, (3) [F5, (3A) and (3F)]] below, to place the child accordingly.
Such a request so made is referred to in this Act as a “placing request” and the school specified in it is referred to in this Act as the “specified school”.
[F6(1A)The education authorities shall—
(a)in carrying out the duty imposed on them by subsection (1) above; and
(b)in deciding when that duty does not apply,
have regard to such guidance as the Scottish Ministers may give in that respect.]
(2)Where a placing request relates to two or more schools under the management of the education authority to whom it was made, the duty imposed by subsection (1) above shall apply in relation to the first mentioned such school, which shall be treated for the purposes of this Act as the specified school.
(3)The duty imposed by subsection (1) above does not apply—
(a)if placing the child in the specified school would—
(i)make it necessary for the authority to take an additional teacher into employment;
(ii)give rise to significant expenditure on extending or otherwise altering the accommodation at or facilities provided in connection with the school;
(iii)be seriously detrimental to the continuity of the child’s education;
[F7(iv) be likely to be seriously detrimental to order and discipline in the school; F8 ...
(v)be likely to be seriously detrimental to the educational well-being of pupils attending the school;]
[F9(vi)assuming that pupil numbers remain constant, make it necessary, at the commencement of a future stage of the child’s primary education, for the authority to elect either to create an additional class (or an additional composite class) in the specified school or to take an additional teacher into employment at that school;][F10or
(vii)though neither of the tests set out in sub-paragraphs (i) and (ii) above is satisfied, have the consequence that the capacity of the school would be exceeded in terms of pupil numbers;]
(b)if the education normally provided at the specified school is not suited to the age, ability or aptitude of the child;
(c)if the education authority have already required the child to discontinue his attendance at the specified school;
(d)if, where the specified school is a special school, the child does not have [F11additional support needs] requiring the education or special facilities normally provided at that school; or
(e) if the specified school is a single sex school (within the meaning given to that expression by section 26 of the M1 Sex Discrimination Act 1975) and the child is not of the sex admitted or taken (under that section) to be admitted to the school,
but an education authority may place a child in the specified school notwithstanding paragraphs (a) to (e) above.
F12[F13(3A)F14 . . .the duty imposed by subsection (1) above does not apply where the acceptance of a placing request in respect of a child who is resident outwith the catchment area of the specified school would prevent the education authority from retaining reserved places at the specified school or in relation to any particular stage of education at the school; but nothing in this subsection shall prevent an education authority from placing a child in the specified school.
F15(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3C) In subsection (3A) above, “reserved places” means such number of places (not exceeding such number or, as the case may be, such percentage of places at the school or relating to the particular stage of education as may be prescribed by regulations) as are in the opinion of the education authority reasonably required to accommodate pupils likely to become resident in the catchment area of the school in the period from the time of consideration of the placing request up to and during the year from 1 August to which the placing request relates; and different numbers or, as the case may be, percentages may be prescribed under this subsection for the purpose of different cases or circumstances.
(3D) In subsections (3A) and (3C) above, “catchment area” means the area from which pupils resident therein will be admitted to the school in terms of any priority based on residence in accordance with the guidelines formulated by the authority under section 28B(1)(c) of this Act.
F15(3E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F13(3F)Where an education authority are carrying out the duty imposed on them by subsection (1) above in respect of a child such as is mentioned in subsection (6)(c) below, they shall place the child in the specified school—
(a)on the date (being the date fixed for that school under section 32(1) and (2) of this Act) next following the making of the placing request; or
(b)where that date has passed, as soon after that date as is reasonably practicable.]
(4)An education authority shall inform a parent in writing of their decision on his placing request and, where they decide to refuse it, shall give him written reasons for their decision and inform him of his right to refer it under section 28C of this Act to an appeal committee.
(5)The Secretary of State may, by regulations, make provision for deeming an education authority to have refused a placing request in the event of their not having informed the parent in writing of their decision on it in accordance with subsection (4) above within such period or before such date as may be prescribed in the regulations and different periods or dates may be so prescribed for different purposes.
[F16(6)In this section—
“primary school” does not include a nursery school or a nursery class; and
“qualifying child” means—
a child of school age;
a child who has commenced attendance at a primary school but is not of school age; or
a child who is not of school age and who, on the date (being the date fixed under subsections (1) and (2) of section 32 of this Act for the purposes of subsection (6) of that section) next following the making of the request under subsection (1) above, will be eligible under this Act to commence attendance at a primary school.]]
Textual Amendments
F1Ss. 28A–28G inserted by Education (Scotland) Act 1981 (c. 58), s. 1(1) (the insertion being in force on or before 1.1.1983 except as regards s. 28G which came into force for some purposes prior to that date and for all remaining purposes on 9.3.1983)
F2Words in s. 28A(1) substituted (26.2.2002) by School Education (Amendment) (Scotland) Act 2002 (asp 2), s. 1(1)(a)(i)(2); S.S.I. 2002/74, art. 2
F3Words in s. 28A(1) inserted (13.10.2000) by 2000 asp 6, s. 43(2)(4); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
F4Words in s. 28A(1) substituted (18.9.1996) by 1996 c. 43, s. 33(2); S.I. 1996/2250, art. 2.
F5Words in s. 28A(1) substituted (26.2.2002) by School Education (Amendment) (Scotland) Act 2002 (asp 2), s. 1(1)(a)(ii)(2); S.S.I. 2002/74, art. 2
F6S. 28A(1A) inserted (13.10.2000) by 2000 asp 6, s. 44(3); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
F7S. 28A(3)(a)(iv)(v) and the word preceding it substituted (18.9.1996) for s. 28A(3)(a)(iv) by 1996 c. 43, s. 33(3); S.I. 1996/2250, art. 2.
F8Word in s. 28A(3)(a)(iv) repealed (31.12.2004) by Standards in Scotland’s Schools etc. Act 2000 (asp 6), s. 61(2), sch. 3; S.S.I. 2004/528, art. 2(b)
F9S. 28A(3)(a)(vi) added (13.10.2000) by 2000 asp 6, s. 44(4); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
F10S. 28A(3)(a)(vii) and word added (31.12.2004 in so far as not already in force) by Standards in Scotland’s Schools etc. Act 2000 (asp 6), ss. 44(4), 61(2); S.S.I. 2004/528, art. 2(a)
F11Words in s. 28A(3)(d) substituted (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(5); S.S.I. 2005/516, arts. 1, 4; S.S.I. 2005/564, art. 2
F12S. 28A(3A)-(3E) inserted (18.9.1996) by 1996 c. 43, s. 33(4); S.I. 1996/2250, art. 2.
F13S. 28A(3F) inserted (26.2.2002) by School Education (Amendment) (Scotland) Act 2002 (asp 2), s. 1(1)(b)(2); S.S.I. 2002/74, art. 2
F14Words in s. 28A(3A) repealed (13.10.2000) by 2000 asp 6, s. 44(5); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
F15S. 28A(3B)(3E) repealed (13.10.2000) by 2000 asp 6, s. 44(6); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
F16S. 28A(6) added (26.2.2002) by School Education (Amendment) (Scotland) Act 2002 (asp 2), s. 1(1)(c)(2); S.S.I. 2002/74, art. 2
Modifications etc. (not altering text)
C1S. 28A excluded (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 2 para. 1; S.S.I. 2005/564, art. 2
Marginal Citations