SCHEDULES

SCHEDULE 27 Making and maintenance of statements under section 324

Change of named school

C18

1

Sub-paragraph (2) applies where—

a

the parent of a child for whom a statement is maintained which specifies the name of a school or institution asks the F5local authority to substitute for that name the name of F7a maintained school F4or maintained nursery school specified by the parent, and

b

the request is not made less than 12 months after—

i

an earlier request under this paragraph,

ii

the service of a copy of the statement under paragraph 6,

iii

F3if the statement has been amended, the date when notice of the amendment is given under paragraph 10(3)(b), or

iv

if F6the parent has appealedF6there is an appeal to the Tribunal under section 326 or this paragraph, the date when the appeal is concluded,

whichever is the later.

2

The F5local authority shall comply with the request unless—

a

the school is unsuitable to the child’s age, ability or aptitude or to his special educational needs, or

b

the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.

3

Where the F5local authority determine not to comply with the request—

a

they shall give F1notice in writing of that fact to the parent of the child, and

b

the parent of the child may appeal to the Tribunal against the determination.

F23A

A notice under sub-paragraph (3)(a) must inform the parent of the right of appeal under sub-paragraph (3)(b) and contain such other information as may be prescribed.

4

On the appeal the Tribunal may—

a

dismiss the appeal, or

b

order the F5local authority to substitute for the name of the school or other institution specified in the statement the name of the school specified by the parent.

5

Regulations may provide that, where a F5local authority are under a duty to comply with a request under this paragraph, the duty must, subject to prescribed exceptions, be performed within the prescribed period.

6

Such provision shall not relieve the authority of the duty to comply with such a request which has not been complied with within that period.