Education Act 1996

440 Amendment of order at request of parent: child without [F1EHC plan ] [F2or statement of special educational needs] [F2, or an individual development plan which names a school].E+W

(1)This section applies where a school attendance order is in force in respect of a child, other than a child for whom the [F3local authority] maintain [F4an EHC plan (in the case of a local authority in England) or] [F5a statement under section 324] [F5a child for whom an individual development plan is maintained in which a particular school is named] [F6(in the case of a local authority in Wales)].

(2)If at any time—

(a)the parent applies for the child to be admitted to a school maintained by a [F3local authority] F7. . . which is different from the school named in the order,

(b)the child is offered a place at the school as a result of the application, and

(c)the parent requests the [F3local authority] by whom the order was served to amend it by substituting that school for the one currently named,

the authority shall comply with the request.

(3)If at any time—

[F8(a)the parent applies to the authority for education to be provided for the child at a school which is not a school maintained by a [F3local authority] and which is different from the school named in the order,

(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, and]

(c)the parent requests the authority to amend the order by substituting that school for the one currently named,

the authority shall comply with the request.

(4)If at any time—

(a)the parent applies for the child to be admitted to a school which is not maintained by a [F3local authority] F9. . . , which is different from the school named in the order and in respect of which no application is made under subsection (3),

(b)as a result of the application, the child is offered a place at the school, being a school which is suitable to his age, ability and aptitude and [F10to any special educational needs he may have] [F10—

(i)(in the case of a local authority in England) any special educational needs the child may have, or

(ii)(in the case of a local authority in Wales) any additional learning needs the child may have], and

(c)the parent requests the authority to amend the order by substituting that school for the one currently named,

the authority shall comply with the request.

Textual Amendments

F1Words in s. 440 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 40(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)

F4Words in s. 440(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 40(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)

F6Words in s. 440(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 40(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)

F7Words in S. 440(2)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 116(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F8S. 440(3)(a)(b) substituted (1.9.1999 for certain purposes, otherwise prosp.) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para. 116(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F9Words in S. 440(4)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 116(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1