Education Act 1996

431 Direction to admit child to specified school

(1) The appropriate authority may give a direction under this section if, in the case of any child in the area of a local education authority, either (or both) of the following conditions is satisfied in relation to each school which is a reasonable distance from his home and provides suitable education, that is—

(a) he has been refused admission to the school, or

(b) he is permanently excluded from the school.

(2) A direction under this section shall specify a school—

(a) which is a reasonable distance from the child’s home, and

(b) from which the child is not permanently excluded.

(3) A direction under this section shall, unless it is given on the determination of the Secretary of State under section 432(4) or by the funding authority, specify a school in the area referred to in subsection (1).

(4) Where a school is specified in a direction under this section, the governing body (and, if the school is a county or voluntary school and the local education authority are not the appropriate authority, the local education authority) shall admit the child to the school.

(5) Subsection (4) does not affect any power to exclude from a school a pupil who is already a registered pupil there.

(6) In this section “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.

(7) In this section and section 432—

(a) references to the appropriate authority are (subject to subsection (8)) references to the local education authority; and

(b) references to schools are references to county, voluntary and grant-maintained schools.

(8) Where the education which is suitable education for the child is also education of a kind to which there relates an order made under section 27(1)(b) in respect of the area referred to in subsection (1) above, references in this section and section 432 to the appropriate authority are to be read in relation to—

(a) that child, and

(b) any county, voluntary or grant-maintained school in that area, and any such school in any other area to which an order under section 27(1)(b) applies which provides education which is relevant education in relation to that order,

as references to the funding authority.