School Standards and Framework Act 1998

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School Standards and Framework Act 1998

Changes to legislation:

School Standards and Framework Act 1998, Section 97 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 14(3)(aa) inserted by 2011 nawm 7 s. 16(2) (Amendment not applied to legislation.gov.uk - s.16(02) of 2011 nawm007 omitted by 2013 nawm001 s. 100(4), Sch. 5 para. 13(2); S.I. 2014/178, art. 2(f) (with art. 3) prior to commencement)
s. 18B inserted by 2011 nawm 7 s. 16(3) (Amendment not applied to legislation.gov.uk - s.16(02) of 2011 nawm007 omitted by 2013 nawm001 s. 100(4), Sch. 5 para. 13(2); S.I. 2014/178, art. 2(f) (with art. 3) prior to commencement)
Sch. 22 para. 5(1B) inserted by 2023 c. 55 s. 235(4)

97 Procedure for giving direction under section 96.E+W

(1)Before deciding to give a direction under section 96, the [F1local authority] shall consult—

[F2(za)the child, in a case within subsection (1A);]

(a)the parent of the child, and

(b)the governing body of the school they propose to specify in the direction.

[F3(1A)A case is within this subsection if—

(a)the local authority are a local authority in England, and

(b)the child is over compulsory school age.]

(2)Where the [F1local authority] decide to give such a direction specifying any school—

(a)they shall, before doing so, serve a notice in writing of their decision on the governing body and head teacher of the school, and

(b)they shall not give the direction until the period for referring the matter to [F4the appropriate authority] under subsection (3) has expired and, if it is so referred, [F4the appropriate authority] has made [F5its determination].

(3)The governing body may, within the period of 15 days beginning with the day on which the notice was served, refer the matter to [F6the appropriate authority] and, if they do so, shall inform the [F1local authority].

[F7(4)On a reference under subsection (3) [F8the appropriate authority] may determine which school is to be required to admit the child, and [F9if it does so]—

(a)where the [F1local authority] referred to in subsection (1) are the admission authority for that school, they shall—

(i)admit the child to the school, and

(ii)give notice in writing to the governing body and head teacher of the school of [F10the appropriate authority's] determination, and

(b)in any other case, that school shall be specified in the direction.]

(5)[F11The appropriate authority] shall not make a determination under subsection (4) in relation to a school if the child’s admission to the school 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.

[F12(6)A direction under section 96 shall be given by notice in writing; and a copy of the notice shall be given by the [F1local authority] to the head teacher of theschool.]

[F13(6A)In this section, “the appropriate authority” means—

(a)in relation to a [F1local authority] in England, the adjudicator, and

(b)in relation to a [F1local authority] in Wales, the Assembly.]

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), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

F2S. 97(1)(za) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 36(a) (with art. 2(3))

F3S. 97(1A) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 36(b) (with art. 2(3))

F4Words in s. 97(2)(b) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 49(a)(i), 188(3); S.I. 2006/3400, art. 3(b)

F5Words in s. 97(2)(b) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 49(a)(ii), 188(3); S.I. 2006/3400, art. 3(b)

F6Words in s. 97(3) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 49(b), 188(3); S.I. 2006/3400, art. 3(b)

F7S. 97(4) substituted (1.10.2002 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 11(2) (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))