Part VI School admissions, attendance and charges

Chapter II School attendance

School attendance orders

441 Choice of school: child with F1EHC plan F2or statement of special educational needs.

(1)

Subsections (2) and (3) apply where a F3local authority F4in England are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom they maintain F5an EHC plan F6(in the case of a local authority in England) or a statement under section 324 F7(in the case of a local authority in Wales).

(2)

Where the F8EHC plan F9or statement specifies the name of a school, that school shall be named in the order.

(3)

Where the F10EHC plan F11or statement does not specify the name of a school—

(a)

the authority shall, F12. . . , amend the F13EHC plan F14or statement so that it specifies the name of a school, and

(b)

that school shall then be named in the order.

F15(3A)

F16An 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).

F17(3B)

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 F3local authority maintain F18an EHC plan F19or a statement under section 324, and

(b)

the name of the school specified in the F20plan F21or statement is changed,

the F3local authority shall amend the order accordingly.