# Education Act 1996, Section 436J: School attendance order for child with EHC plan (England)

Status: prospective

(1) Subsections (2) and (3) apply where a local authority in England is required to serve a school attendance order under section 436I in respect of a child for whom the authority maintains an EHC plan.
(2) Where the EHC plan specifies the name of a school, that school must be named in the order.
(3) Where the EHC plan does not specify the name of a school—
(a) the authority must amend the plan so that it specifies the name of a school, and
(b) that school must then be named in the order.
(4) An amendment to an EHC plan required to be made under subsection (3)(a) is to be treated as if it were an amendment made following a review under section 44 of the Children and Families Act 2014, and that section and regulations made under it apply accordingly.
(5) Where—
(a) a school attendance order is in force in respect of a child for whom the local authority maintain an EHC plan, and
(b) the name of the school specified in the plan is changed,
the local authority must amend the order accordingly.
(6) Where a school attendance order is in force in respect of a child who subsequently becomes a child for whom the local authority maintain an EHC plan which specifies the name of a school, the local authority must ensure that school is named in the order.

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Source: https://www.legislation.gov.uk/ukpga/1996/56/section/436J (the official version)
Page: https://openlegislation.uk/education-act-1996/section-436J
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.