Education Act 1996

Choice of school E+W

3 (1) Every local education authority shall make arrangements for enabling a parent on whom a copy of a proposed statement has been served under paragraph 2 to express a preference as to [F1 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 paragraph 2(b) 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 local education 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) A local education authority shall, before specifying the name of [F2 any maintained school] in a statement, consult the governing body of the school and, if the school is maintained by another local education authority, that authority.

Textual Amendments

F1 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

F2 Words in Sch. 27 para. 3(4) substituted (1.9.1999) by 1998 c, 31, s. 140(1), Sch. 30 para. 186(2)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1 Sch. 27 para. 3(4) applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-4

Sch. 27 para. 3(4) applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(b), 2-4

Valid from 01/01/2002

Consultation on specifying name of school in statement E+W

[F3 3A (1) Sub-paragraph (2) applies if a local education authority are considering—

(a) specifying the name of a maintained 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 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, will be specified in it.

(2) The local education 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 local education authority are considering specifying; and

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

Textual Amendments

F3 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