(1)This section applies where a [F2local authority] are required by virtue of section 437(3) to serve a school attendance order in respect of a child, other than a child for whom they maintain [F3an EHC plan (in the case of a local authority in England) or] a statement under section 324 [F4(in the case of a local authority in Wales)].
(2)Before serving the order, the authority shall serve on the parent a notice in writing—
(a)informing him of their intention to serve the order,
(b)specifying the school which the authority intend to name in the order and, if they think fit, one or more other schools which they regard as suitable alternatives, and
(c)stating the effect of subsections (3) to (6).
(3)If the notice specifies one or more alternative schools and the parent selects one of them within the period of 15 days beginning with the day on which the notice is served, the school selected by him shall be named in the order.
(4)If—
F5[(a)within the period mentioned in subsection (3) the parent applies for the child to be admitted to a school maintained by a [F2local authority] and, where that authority are not the authority by whom the notice was served, notifies the latter authority of the application, and]
(b)the child is offered a place at the school as a result of the application,
that school shall be named in the order.
F6[(5)If—
(a)within the period mentioned in subsection (3), the parent applies to the [F2local authority] by whom the notice was served for education to be provided at a school which is not a school maintained by a [F2local authority], and
(b)the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school,
that school shall be named in the order.]
(6)If, within the period mentioned in subsection (3)—
(a)the parent—
(i)applies for the child to be admitted to a school which is not maintained by a [F2local authority] F7. . . , and in respect of which no application is made under subsection (5), and
(ii)notifies the [F2local authority] by whom the notice was served of the application,
(b)the child is offered a place at the school as a result of the application, and
(c)the school is suitable to his age, ability and aptitude and to any special educational needs he may have,
that school shall be named in the order.
Textual Amendments
F1Words in s. 438 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 39(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
F2Words 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))
F3Words in s. 438(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 39(2)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
F4Words in s. 438(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 39(2)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
F5S. 438(4)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 114(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.
F6S. 438(5) substituted (1.9.1999 for certain purposes, otherwise prosp.) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para. 114(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F7Words in s. 438(6)(a)(i) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 114(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1