# Education Act 1996, Section 438: Choice of school: child without EHC plan or statement of special educational needs , or an individual development plan which names a school.

Extent: E+W

(1) This section applies where a 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 an EHC plan (in the case of a local authority in England) or a statement under section 324 a child for whom an individual development plan is maintained in which a particular school is named (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.
(4) If—
(a) within the period mentioned in subsection (3) the parent applies for the child to be admitted to a school maintained by a 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.
(5) If—
(a) within the period mentioned in subsection (3), the parent applies to the local authority by whom the notice was served for education to be provided at a school which is not a school maintained by a local authority, and
(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 517,
[(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)—
(a) the parent—
(i) applies for the child to be admitted to a school which is not maintained by a local authority ..., and in respect of which no application is made under subsection (5), and
(ii) notifies the 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 to any special educational needs he may have —
(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.

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Source: https://www.legislation.gov.uk/ukpga/1996/56/section/438 (the official version)
Page: https://openlegislation.uk/education-act-1996/section-438
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.