Section 197 Revocation of order at request of parent.I1
England and Wales
This section applies where a school attendance order is in force in respect of a child.
If at any time the parent applies to the local education authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education otherwise than at school, the authority shall comply with the request, unless they are of the opinion that no satisfactory arrangements have been made for the education of the child otherwise than at school.
If a parent is aggrieved by a refusal of the local education authority to comply with a request under subsection (2) above, he may refer the question to the Secretary of State.
Where a question is referred to the Secretary of State under subsection (3) above, he shall give such direction determining the question as he thinks fit.
Where the child in question is one for whom the authority maintain a statement under section 168 of this Act—
subsections (2) to (4) above do not apply if the name of a school or other institution is specified in the statement, and
in any other case a direction under subsection (4) above may require the authority to make such amendments in the statement as the Secretary of State considers necessary or expedient in consequence of his determination.
In this section, “suitable education” has the meaning given by section 192(8) of this Act.
Annotations
Modifications
- C1
S. 197(5) modified (28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 10(3)
Commencement
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S. 197 wholly in force at 1.9.1994; s. 197 not in force at Royal Assent see s. 308(3); s. 197(1)-(4)(6) in force at 1.10.1993 by S.I. 1993/1975, art. 9, Sch. 1; S. 197(5) in force at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2
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Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.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)