Education Act 1996

Choice of school E+W

3 (1) Every [F1 local authority] shall make arrangements for enabling [F2 a parent— E+W

(a) on whom a copy of a proposed statement has been served under paragraph 2,

(b) on whom a copy of a proposed amended statement has been served under paragraph 2A, or

(c) on whom an amendment notice has been served under paragraph 2A which contains a proposed amendment about —

(i) the type or name of a school or institution, or

(ii) the provision made for the child concerned under arrangements made under section 319,

to be specified in the statement,] to express a preference as to [F3 the maintained school] at which he wishes education to be provided for his child and to give reasons for his preference.

(2) Any such preference must be expressed or made within the period of 15 days beginning—

(a) with the date on which the written notice mentioned in [F4 paragraph 2B] was served on the parent, or

(b) if a meeting has (or meetings have) been arranged under paragraph 4(1)(b) or (2), with the date fixed for that meeting (or the last of those meetings).

(3) Where a [F1 local authority] make a statement in a case where the parent of the child concerned has expressed a preference in pursuance of such arrangements as to the school at which he wishes education to be provided for his child, they shall specify the name of that school in the statement unless—

(a) the school is unsuitable to the child’s age, ability or aptitude or to his special educational needs, or

(b) the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.

(4) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F2 Words in Sch. 27 para. 3(1) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 4 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F3 Words in Sch. 27 para 3(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 186(2)(a)(with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F4 Words in Sch. 27 para 3(2) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 5 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F5 Sch. 27 para. 3(4) repealed (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, ss. 10, 42(6), Sch. 1 para. 6, Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Modifications etc. (not altering text)

C1 Sch. 27 para. 3 excluded (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(5)(e)(10), 162 (with s. 159)

Consultation on specifying name of school in statement E+W

[F6 3A (1) Sub-paragraph (2) applies if a [F1 local authority] are considering—

(a) specifying the name of a maintained school [F7 or maintained nursery school] in a statement, or

(b) amending a statement—

(i) if no school was specified in the statement before the amendment, so that a maintained school [F7 or maintained nursery school] will be specified in it,

(ii) if a school was specified in the statement before the amendment, so that a different school, which is a maintained school [F7 or maintained nursery school], will be specified in it.

(2) The [F1 local authority] shall—

(a) serve a copy of the proposed statement or amended statement, or of the existing statement and of the amendment notice, on each affected body, and

(b) consult each affected body.

(3) “Affected body” means—

(a) the governing body of any school which the [F1 local authority] are considering specifying; and

(b) if a school which the [F1 local authority] are considering specifying is maintained by another [F1 local authority], that authority.]

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), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F6 Sch. 27 para. 3A inserted (1.1.2002 (E.) 1.4.2002 (W.)) by 2001 c. 10, s. 10 Sch. 1 para. 7 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614 art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F7 Words in Sch. 27 para. 3A(1) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 58(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.