Explain

Asking for a school, and the exceptions (section 39(4))

If the parent or young person asks in time for a school or college of a kind listed in the Act, the council must name it. There are only two exceptions. One is that it is unsuitable for the child or young person's age, ability, aptitude or special educational needs. The other is that their attending would not fit with (be incompatible with) the efficient education of others or the efficient use of resources. If an exception applies, the council names another school or college, or a type, that it thinks right. Plenda never says whether an exception applies.

Type of rule

Law (Act or Regulations)

Rule id

parental_preference

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 38(3)Law (Act or Regulations)
• Children and Families Act 2014, s 39(3)Law (Act or Regulations)
• Children and Families Act 2014, s 39(4)Law (Act or Regulations)
• Children and Families Act 2014, s 39(5)Law (Act or Regulations)

Related

• Naming a school or college in the plan
• The presumption of mainstream education (section 33)
• Section I (school, college or other placement)
• The section 41 list (approved independent schools and colleges)

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