Part VI School admissions, attendance and charges

Chapter II School attendance

School attendance orders

441 Choice of school: child with F16EHC plan F13or statement of special educational needs.

1

Subsections (2) and (3) apply where a F11local authorityF18in England are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom they maintain F9an EHC plan F19(in the case of a local authority in England) or a statement under section 324 F21(in the case of a local authority in Wales).

2

Where the F7EHC plan F5or statement specifies the name of a school, that school shall be named in the order.

3

Where the F6EHC plan F15or statement does not specify the name of a school—

a

the authority shall, F1. . . , amend the F20EHC plan F12or statement so that it specifies the name of a school, and

b

that school shall then be named in the order.

F23A

F4An amendment to a statement required to be made under subsection (3)(a) shall be treated for the purposes of Schedule 27 as if it were an amendment proposed following a periodic review (within the meaning of that Schedule).

F33B

An amendment to an EHC plan required to be made under subsection (3)(a) shall be treated as if it were an amendment made following a review under section 44 of the Children and Families Act 2014, and that section and regulations made under it apply accordingly.

4

Where—

a

a school attendance order is in force in respect of a child for whom the F11local authority maintain F17an EHC plan F8or a statement under section 324, and

b

the name of the school specified in the F10plan F14or statement is changed,

the F11local authority shall amend the order accordingly.