Section 195 Amendment of order at request of parent: child without statement of special educational needs.I1

England and Wales

C1(1)

This section applies where a school attendance order is in force in respect of a child, other than a child for whom the local education authority maintain a statement under section 168 of this Act.

(2)

If at any time—

(a)

the parent applies for the child to be admitted to a school maintained by a local education authority or grant-maintained school which is different from the school named in the order,

(b)

the child is offered a place at the school as a result of the application, and

(c)

the parent requests the local education authority by whom the order was served to amend it by substituting that school for the one currently named,

the authority shall comply with the request.

(3)

If at any time—

(a)

the parent applies to the authority for education to be provided for the child at a school which is not maintained by a local education authority or a grant-maintained school and which is different from the school named in the order,

(b)

the child is offered a place at the school under arrangements made by the authority under which the fees payable in respect of the education provided at the school are to be paid by them under section 6 of the M1Education (Miscellaneous Provisions) Act 1953, and

(c)

the parent requests the authority to amend the order by substituting that school for the one currently named,

the authority shall comply with the request.

(4)

If at any time—

(a)

the parent applies for the child to be admitted to a school which is not maintained by a local education authority and is not a grant-maintained school, which is different from the school named in the order and in respect of which no application is made under subsection (3) above,

(b)

as a result of the application, the child is offered a place at the school, being a school which is suitable to his age, ability and aptitude and to any special educational needs he may have, and

(c)

the parent requests the authority to amend the order by substituting that school for the one currently named,

the authority shall comply with the request.

Annotations

Marginal citations

M1: 1953 c. 33.

Modifications

C1: S. 195(1) modified (30.7.1993) by S.I. 1993/1975, art. 10, Sch.2 para. 1

Commencement

I1: S. 195 wholly in force at 1.10.1993 see s. 308(3) and S.I. 1993/1975, art. 9, Sch. 1

Notes on the whole Act

Textual amendments

F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with savings in ss. 1(4), 561, 562, Sch. 39); Sch. 13 paras. 6, 7 as saved continued (1.9.1999) by S.I. 1999/2267, reg. 2(2); and s. 154(4) expressed to be amended (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 25 (which amendment fell (1.4.1999) by reason of the repeal of the said Sch. 3 para. 25 by 1998 c. 31, s. 140(3), Sch. 31; S.I. 1999/1016, art. 2(1), Sch. 1)