Education Act 1996, Cross Heading: School attendance orders is up to date with all changes known to be in force on or before 20 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1) If it appears to a [ F1 local authority ] that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education.
(2) That period shall not be less than 15 days beginning with the day on which the notice is served.
(a) a parent on whom a notice has been served under subsection (1) fails to satisfy the [ F1 local authority ] , within the period specified in the notice, that the child is receiving suitable education, and
(b) in the opinion of the authority it is expedient that the child should attend school,
the authority shall serve on the parent an order (referred to in this Act as a “ school attendance order ”), in such form as may be prescribed, requiring him to cause the child to become a registered pupil at a school named in the order.
(4) A school attendance order shall (subject to any amendment made by the [ F1 local authority ] ) continue in force for so long as the child is of compulsory school age, unless—
(a) it is revoked by the authority, or
(b) a direction is made in respect of it under section 443(2) or 447(5).
(5) Where a maintained F2. . . school is named in a school attendance order, the [ F1 local authority ] shall inform the governing body and the head teacher.
(6) Where a maintained F2. . . school is named in a school attendance order, the governing body (and, in the case of a maintained school, the [ F1 local authority ] ) shall admit the child to the school.
(7) Subsection (6) does not affect any power to exclude from a school a pupil who is already a registered pupil there.
(8) In this Chapter—
Modifications etc. (not altering text)
(1) This section applies where a [ F1 local authority ] are required by virtue of section 437(3) to serve a school attendance order in respect of a child, other than a child for whom they maintain [ F7 an EHC plan (in the case of a local authority in England) or ] [ F8 a statement under section 324 ] [ F8 a child for whom an individual development plan is maintained in which a particular school is named ] [ F9 (in the case of a local authority in Wales) ] .
(2) Before serving the order, the authority shall serve on the parent a notice in writing—
(a) informing him of their intention to serve the order,
(b) specifying the school which the authority intend to name in the order and, if they think fit, one or more other schools which they regard as suitable alternatives, and
(c) stating the effect of subsections (3) to (6).
(3) If the notice specifies one or more alternative schools and the parent selects one of them within the period of 15 days beginning with the day on which the notice is served, the school selected by him shall be named in the order.
[ F10 (a) within the period mentioned in subsection (3) the parent applies for the child to be admitted to a school maintained by a [ F1 local authority ] and, where that authority are not the authority by whom the notice was served, notifies the latter authority of the application, and ]
(b) the child is offered a place at the school as a result of the application,
that school shall be named in the order.
(a) within the period mentioned in subsection (3), the parent applies to the [ F1 local authority ] by whom the notice was served for education to be provided at a school which is not a school maintained by a [ F1 local authority ] , and
(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,
that school shall be named in the order. ]
(6) If, within the period mentioned in subsection (3)—
(i) applies for the child to be admitted to a school which is not maintained by a [ F1 local authority ] F12. . . , and in respect of which no application is made under subsection (5), and
(ii) notifies the [ F1 local authority ] by whom the notice was served of the application,
(b) the child is offered a place at the school as a result of the application, and
(c) the school is suitable to his age, ability and aptitude and [ F13 to any special educational needs he may have ] [ F13 —
(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 ] ,
that school shall be named in the order.
(1) Subject to subsection (3), a [ F1 local authority ] shall not, if it appears to them that subsection (2) applies in relation to any school, specify the school in a notice under section 438(2) unless they are responsible for determining the arrangements for the admission of pupils to the school.
(2) This subsection applies where, if the child concerned were admitted to the school in accordance with a school attendance order resulting from the notice, the number of pupils at the school in the child’s age group would exceed the number [ F14 [ F15 determined in accordance with section 89 of the School Standards and Framework Act 1998 (determination of admission numbers) ] ) as the number ] of pupils in that age group which it is intended to admit to the school in the school year in which he would be admitted.
(3) Subsection (1) does not prevent a [ F1 local authority ] specifying in a notice under section 438(2) any maintained F16. . . school if—
(a) there is no maintained F16. . . school in their area which—
(i) the authority are not (apart from this subsection) prevented by subsection (1) from specifying, and
(ii) is, in the opinion of the authority, a reasonable distance from the home of the child concerned, and
(b) in the opinion of the authority, the school in question is a reasonable distance from the home of the child concerned.
(4) A [ F1 local authority ] shall not specify in a notice under section 438(2) a school from which the child concerned is permanently excluded.
F17 [ (4A) A [ F1 local authority ] shall not specify a school in a notice under section 438(2) if the admission of the child concerned would result in prejudice of the kind referred to in section 86(3)(a) of the School Standards and Framework Act 1998 (parental preferences) by reason of measures required to be taken as mentioned in subsection (4) of that section. ]
(5) Before deciding to specify a particular maintained F16. . . school in a notice under section 438(2) a [ F1 local authority ] shall consult—
(a) the governing body, and
(b) if another [ F1 local authority ] are responsible for determining the arrangements for the admission of pupils to the school, that authority.
(6) Where a [ F1 local authority ] decide to specify a particular maintained F16. . .school in a notice under section 438(2) they shall, before serving the notice, serve notice in writing of their decision on—
(a) the governing body and head teacher of the school, and
(b) if another [ F1 local authority ] are responsible for determining the arrangements for the admission of pupils to the school, that authority.
(7) A governing body or [ F1 local authority ] on whom notice is served under subsection (6) may, within the period of 15 days beginning with the day on which the notice was received, apply to the Secretary of State for a direction under this section and, if they do so, shall inform the [ F1 local authority ] which served the notice.
(8) Where the Secretary of State gives a direction under this section, the school or schools to be specified in the notice under section 438(2) shall be determined in accordance with the direction.