C4Part III School admissions
C4Chapter I Admission arrangements
Power to direct admission of child to school
C1C2C397 Procedure for giving direction under section 96.
1
Before deciding to give a direction under section 96, the F13local authority shall consult—
F11za
the child, in a case within subsection (1A);
a
the parent of the child, and
b
the governing body of the school they propose to specify in the direction.
F121A
A case is within this subsection if—
a
the local authority are a local authority in England, and
b
the child is over compulsory school age.
2
Where the F13local authority decide to give such a direction specifying any school—
a
they shall, before doing so, serve a notice in writing of their decision on the governing body and head teacher of the school, and
3
F14
On a reference under subsection (3) F6the appropriate authority may determine which school is to be required to admit the child, and F7if it does so—
a
where the F13local authority referred to in subsection (1) are the admission authority for that school, they shall—
i
admit the child to the school, and
ii
give notice in writing to the governing body and head teacher of the school of F8the appropriate authority's determination, and
b
in any other case, that school shall be specified in the direction.
5
F9The appropriate authority shall not make a determination under subsection (4) in relation to a school if the child’s admission to the school would result in prejudice of the kind referred to in section 86(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section.
F26
A direction under section 96 shall be given by notice in writing; and a copy of the notice shall be given by the F13local authority to the head teacher of theschool.
F106A
In this section, “the appropriate authority” means—
a
in relation to a F13local authority in England, the adjudicator, and
b
in relation to a F13local authority in Wales, the Assembly.
Pt. III excluded (W.) (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 11(1)