438 Choice of school: child without [EHC plan or] statement of special educational needs [, or an individual development plan which names a school]

438  Choice of school: child without [EHC plan or] statement of special educational needs [, or an individual development plan which names a school]

(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

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