8
(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 local authority to substitute for that name the name of a maintained school or 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)
if the statement has been amended, the date when notice of the amendment is given under paragraph 10(3)(b), or
(iv)
if the parent has appealed there 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 local 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 local authority determine not to comply with the request—
(a)
they shall give notice 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.
(3A)
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 local 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 local 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.
Cases considering Schedule 27, paragraph 8 5
[2014] EWCA Civ 397 · 2 April 2014Limits
Paragraph 8 provides the statutory route for a parent to request a change to the school named in a statement. The court treats it as operating within the wider statement-making and maintenance scheme. (see paras [8], [20]-[23])
Paragraph 8(1) identifies the circumstances in which a parent may request substitution of the school named in a statement. The court applies it to the requested same-type change of school. (see paras [8], [23])
Paragraph 8(2) makes compliance with a parental request conditional on the requested school’s suitability and compatibility with efficient education or efficient use of resources. Those conditions remove the duty to comply but do not remove the section 324(4)(b) power. (see paras [8], [22]-[25])
Paragraph 8(2)(a) is identified as an exception based on the requested school’s unsuitability. The judgment does not determine its factual application in this case. (see paras [8], [11], [14])
Paragraph 8(2)(b) concerns incompatibility with efficient education or efficient use of resources. Its satisfaction removes the duty to comply but does not prevent exercise of section 324(4)(b), after which section 9 applies. (see paras [8], [11], [22]-[25])
Cited only.
[2006] EWHC 1105 (Admin) · 28 April 2006Interprets
Interprets the condition governing a parental request to substitute the name of a maintained school in a statement. The provision applied because the parent requested a change of named school. (see para [8])
Interprets the statutory exceptions to mandatory compliance with parental preference. The authority must comply unless unsuitability or incompatibility with efficient education or efficient use of resources is established. (see paras [8]-[9], [24]-[32])
Confirms that educational suitability of the chosen school is addressed by a specific statutory exception. The provision was not engaged because the preferred school was accepted to be suitable for the child. (see paras [9], [24]-[26])
Interprets the efficient-education and efficient-use-of-resources exceptions. The latter requires a fact-sensitive assessment of whether additional expenditure is disproportionate, rather than treating every increase in cost as incompatible with efficient resource use. (see paras [24]-[32])
Applies the first limb concerning compatibility with efficient education for other children. The limb was not relied on because the authority accepted that the child’s attendance would not prejudice efficient education for other pupils. (see paras [9], [24]-[26])
Confirms the relevance of a two-stage approach by reference to materially identical statutory wording discussed in earlier authority. The present decision applied the same distinction between establishing an exception and conducting a broader educational balancing exercise. (see paras [30]-[32], [42]-[45])
Applies the Tribunal’s remedial power on appeal. Because no statutory defence was established, the Tribunal was entitled to order substitution of the parent’s preferred maintained school in the statement. (see paras [8], [35])
[2007] EWCA Civ 1205 · 21 November 2007
The court applied the provision so that a preferred school must be named unless it is unsuitable or attendance would be incompatible with efficient education or efficient use of resources. (see paras [9]; [19])
What each judgment says about Schedule 27, paragraph 8 is in the case-law panel in the full Act.