OpenLegislation

Paragraph 14 F1

(1)

Where a pupil referral unit is named in a school attendance order—

(a)

the F2local authority shall inform the teacher in charge of the unit, and

(b)

if another local authority are responsible for determining the arrangements for the admission of pupils to the unit, that authority shall admit the child to the unit;

but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.

(2)

Section 438(4) does not apply in relation to a pupil referral unit.

(3)

A local authority—

(a)

shall, before deciding to specify a particular pupil referral unit in a notice under section 438(2) where another local authority are responsible for determining the arrangements for the admission of pupils to the unit, consult that authority; and

(b)

if they decide to specify the unit in the notice, shall serve notice in writing of their decision on that authority.

(4)

Section 439(7) and (8) apply where a notice is served on a local authority under sub-paragraph (3) above as they apply where notice is served under section 439(6).

(5)

The parent of a child in respect of whom a school attendance order is in force may not under section 440 request the local authority to amend the order by substituting a pupil referral unit for the school named in the order.

(6)

Where a child is a registered pupil at both a pupil referral unit and at a school other than a unit, the references in section 444 to the school at which he is a registered pupil shall be read as references to the unit.

(1)

Where a pupil referral unit is named in a school attendance order made by a local authority under section 436I—

(a)

the local authority must without delay, and in any event within the period of five days referred to in section 436I(6)(a) inform the teacher in charge of the unit, and

(b)

if another local authority is responsible for determining the arrangements for the admission of pupils in the unit, that authority must admit the child to the unit,

but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.

(2)

Section 436L(4) does not apply in relation to a pupil referral unit.

(3)

A local authority—

(a)

must, in a case where another local authority is responsible for the admission of pupils to a pupil referral unit, consult that authority before deciding to specify that unit in a school nomination notice under section 436L, and

(b)

if the authority decides to specify the unit in the notice, must serve notice in writing of their decision on that authority.

(4)

Section 436N(3) to (9) applies where notice is served on a local authority under sub-paragraph (3) above as it applies where notice is served under section 436N(2).

(5)

The parent of a child in respect of whom a school attendance order under section 436I is in force may not under section 436O request the local authority to amend the order by substituting a pupil referral unit for the school named in the order.

(6)

Where a child is a registered pupil at both a pupil referral unit and at a school other than such a unit, the references in section 444 to the school at which the child is a registered pupil are to be read as references to the unit.

Annotations

Textual amendments

F1

Sch. 1 para. 14 substituted (29.4.2026 but only for the purposes of making regulations, otherwise prosp.) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 39(4), 78(1)(a)(3)(5)

F2

Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

Notes on Schedule 1

Modifications

C1

Sch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(c), 70(2); S.I. 2018/346, reg. 4(e)

C2

Sch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(c), 70(2); S.I. 2018/346, reg. 4(f)