Part III School admissions

Chapter I Admission arrangements

Power to direct admission of child to school

97 Procedure for giving direction under section 96.

(1)

Before deciding to give a direction under section 96, the F1local authority shall consult—

F2(za)

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.

F3(1A)

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 F1local 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

(b)

they shall not give the direction until the period for referring the matter to F4the appropriate authority under subsection (3) has expired and, if it is so referred, F4the appropriate authority has made F5its determination.

(3)

The governing body may, within the period of 15 days beginning with the day on which the notice was served, refer the matter to F6the appropriate authority and, if they do so, shall inform the F1local authority.

F7(4)

On a reference under subsection (3) F8the appropriate authority may determine which school is to be required to admit the child, and F9if it does so—

(a)

where the F1local 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 F10the appropriate authority's determination, and

(b)

in any other case, that school shall be specified in the direction.

(5)

F11The 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.

F12(6)

A direction under section 96 shall be given by notice in writing; and a copy of the notice shall be given by the F1local authority to the head teacher of theschool.

F13(6A)

In this section, “the appropriate authority” means—

(a)

in relation to a F1local authority in England, the adjudicator, and

(b)

in relation to a F1local authority in Wales, the Assembly.