Education Act 1996

8 (1) Sub-paragraph (2) applies where—

(a) the parent of a child for whom a statement is maintained which specifies the name of a school or institution asks the local education authority to substitute for that name the name of a maintained, grant-maintained or grant-maintained special school specified by the parent, and

(b) the request is not made less than 12 months after—

(i) an earlier request under this paragraph,

(ii) the service of a copy of the statement under paragraph 6,

(iii) if the statement has been amended, the date when notice of the amendment is given under paragraph 10(3)(b), or

(iv) if the parent has appealed to the Tribunal under section 326 or this paragraph, the date when the appeal is concluded,

whichever is the later.

(2) The local education authority shall comply with the request 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.

(3) Where the local education authority determine not to comply with the request—

(a) they shall give notice of that fact and of the effect of paragraph (b) below to the parent of the child, and

(b) the parent of the child may appeal to the Tribunal against the determination.

(4) On the appeal the Tribunal may—

(a) dismiss the appeal, or

(b) order the local education authority to substitute for the name of the school or other institution specified in the statement the name of the school specified by the parent.

(5) Regulations may provide that, where a local education authority are under a duty to comply with a request under this paragraph, the duty must, subject to prescribed exceptions, be performed within the prescribed period.

(6) Such provision shall not relieve the authority of the duty to comply with such a request which has not been complied with within that period.