# Education Act 1996, Section 441: Choice of school: child with EHC plan or statement of special educational needs.

Extent: E+W

(1) Subsections (2) and (3) apply where a local authority in England are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom they maintain an EHC plan (in the case of a local authority in England) or a statement under section 324 (in the case of a local authority in Wales).
(2) Where the EHC plan or statement specifies the name of a school, that school shall be named in the order.
(3) Where the EHC plan or statement does not specify the name of a school—
(a) the authority shall, . . . , amend the EHC plan or statement so that it specifies the name of a school, and
(b) that school shall then be named in the order.
(3A) An amendment to a statement required to be made under subsection (3)(a) shall be treated for the purposes of Schedule 27 as if it were an amendment proposed following a periodic review (within the meaning of that Schedule).
(3B) An amendment to an EHC plan required to be made under subsection (3)(a) shall 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.
(4) Where—
(a) a school attendance order is in force in respect of a child for whom the local authority maintain an EHC plan or a statement under section 324, and
(b) the name of the school specified in the plan or statement is changed,
the local authority shall amend the order accordingly.

---
Source: https://www.legislation.gov.uk/ukpga/1996/56/section/441 (the official version)
Page: https://openlegislation.uk/education-act-1996/section-441
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.