(1)Every local education authority shall make arrangements for enabling the parent of a child in the area of the authority to express a preference as to the school at which he wishes education to be provided for his child in the exercise of the authority’s functions and to give reasons for his preference.
(2)Subject to subsection (3) below, it shall be the duty of a local education authority and of the governors of a county or voluntary school to comply with any preference expressed in accordance with the arrangements.
(3)The duty imposed by subsection (2) above does not apply—
(a)if compliance with the preference would prejudice the provision of efficient education or the efficient use of resources;
(b)if the preferred school is an aided or special agreement school and compliance with the preference would be incompatible with any arrangements between the governors and the local education authority [F1made under subsection (6) below]; or
(c)if the arrangement for admission to the preferred school are based wholly or partly on selection by reference to ability or aptitude and compliance with the preference would be incompatible with selection under the arrangements.
(4)Where the arrangements for the admission of pupils to a school maintained by a local education authority provide for applications for admission to be made to, or to a person acting on behalf of, the governors of the school, a parent who makes such an application shall be regarded for the purposes of subsection (2) above as having expressed a preference for that school in accordance with arrangements made under subsection (1) above.
(5)The duty imposed by subsection (2) above in relation to a preference expressed in accordance with arrangements made under subsection (1) above shall apply also in relation to—
(a)any application for the admission to a school maintained by a local education authority of a child who is not in the area of the authority; and
(b)any application made as mentioned in section 10(3) or 11(1) below;
and references in subsection (3) above to a preference and a preferred school shall be construed accordingly.
[F2(6) A local education authority shall, if so requested by the governors of an aided or special agreement school maintained by the authority, make arrangements with the governors in respect of the admission of pupils to the school for preserving the character of the school; and the terms of any such arrangements shall, in default of agreement between the authority and the governors, be determined by the Secretary of State.]
[F3(7)If one of the parties to arrangements under subsection (6) above proposes that the arrangements should be modified or replaced by substitute arrangements but the other party does not agree, the party making the proposal may refer the matter to the Secretary of State.
(8)On a reference under subsection (7) above, the Secretary of State may—
(a)direct that the arrangements shall remain as they are;
(b)direct that they shall be modified or replaced as proposed; or
(c)direct that they shall be modified in such other manner, or replaced by such other substitute arrangements, as may be specified in the direction.
(9)Where the Secretary of State directs as mentioned in subsection (8)(b) or (c) above, the modification or, as the case may be, the substitute arrangements shall have effect, from such date as may be specified in the direction, as if agreed between the parties.]
Textual Amendments
F1Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 30(2), 231(7), 235(6)
F3S. 6(7)-(9) inserted (1.10.1993) by 1993 c. 35, s.270; S.I. 1993/1975, art. 9 Sch.1
Modifications etc. (not altering text)
C1S. 6 modified by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 12(10), Sch. 2 para. 19(6)
C2S. 6 modified by S.I. 1989/1135 art. 3(1)(b), Sch. 2
C3S. 6 excluded (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 30(1), 36(10), Sch. 3 Part III para. 13(2)(b)(iii), Sch. 14 para. 1(1); S.I. 1991/828 art. 3(2)
C4S. 6(2) excluded (1.10.1993) by 1993 c. 35, 260(2); S.I. 1993/1975, art. 9 Sch. 1
C5S. 6 (3)(a) amended (1.8.1992) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 26(9), with ss. 231(7), 235(6), (s. 26 is brought into force as follows; 1.9.1989 and 4.8.1990 for certain purposes by S.I. 1988/1459, art. 2,gb 1.9.1991 for certain purposes and 1.8.1992 for all remaining purposes by 1991/409 art. 2)