School Standards and Framework Act 1998

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

(1) Before deciding to give a direction under section 96, the [F1 local 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 [F1 local 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 [F4 the appropriate authority] under subsection (3) has expired and, if it is so referred, [F4 the appropriate authority] has made [F5 its 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 [F6 the appropriate authority] and, if they do so, shall inform the [F1 local authority].

[F7 (4) On a reference under subsection (3) [F8 the appropriate authority] may determine which school is to be required to admit the child, and [F9 if it does so]—

(a) where the [F1 local 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 [F10 the appropriate authority's] determination, and

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

(5) [F11 The 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 [F1 local authority] to the head teacher of theschool.]

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

(a) in relation to a [F1 local authority] in England, the adjudicator, and

(b) in relation to a [F1 local authority] in Wales, the Assembly.]

Textual Amendments

F1 Words 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))

F2 S. 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))

F3 S. 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))

F4 Words 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)

F5 Words 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)

F6 Words 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)

F7 S. 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))

F8 Words in s. 97(4) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 49(c)(i), 188(3); S.I. 2006/3400, art. 3(b)

F9 Words in s. 97(4) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 49(c)(ii), 188(3); S.I. 2006/3400, art. 3(b)

F10 Words in s. 97(4) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 49(c)(iii), 188(3); S.I. 2006/3400, art. 3(b)

F11 Words in s. 97(5) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 49(d), 188(3); S.I. 2006/3400, art. 3(b)

F12 S. 97(6) substituted (1.10.2002 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 11(3) (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))

F13 S. 97(6A) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 49(e), 188(3); S.I. 2006/3400, art. 3(b)

Modifications etc. (not altering text)

C1 S. 97 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.

S. 97 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.

C2 Ss. 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)

C3 Ss. 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))