67.—(1) In the case of a child with special educational needs, the Council may—

(a) of its own volition, or

(b) at the request of the parents of the child, where the Council is of the opinion that the parents of the child, after having made all reasonable efforts, have failed, for reasons related to the child’s special educational needs, to obtain any school placement for the child,

designate the school which the child is to attend and that school shall admit the child upon being directed by the Council to do so.

(2) In making a designation under subsection (1), the Council shall have regard to—

(a) the special educational needs of the child concerned,

(b) the wishes of the child’s parents,

(c) where appropriate, and in accordance with the age and maturity of the child concerned, the wishes of the child,

(d) the availability of places in schools in the locality,

(e) the school that, in the Council’s view, it would be in the best interests of the child concerned to attend, with preference given to the child’s local school unless the best interests of the child require otherwise,

(f) the ability of the school to accommodate the child concerned and to meet his or her special educational needs, including that ability when resources are made available to the school, in accordance with the policies relating to education generally and the education of children with special educational needs, which are formulated from time to time by F72[the Minister,]

F73[(g) any direction served by the Minster under section 37A.]

(3) The Agency may, in the case of a child other than a child in relation to whom a designation under subsection (1) may be made—

(a) of its own volition, where the child has no school place, or

(b) at the request of the parents of the child, where the Agency is of the opinion that the parents of the child, after having made all reasonable efforts, have failed to obtain any school placement for the child,

designate the school which the child is to attend and that school shall admit the child, upon being directed by the Agency to do so.

(4) In making a designation under subsection (3), the Agency shall have regard to—

(a) the wishes of the child’s parents,

(b) where appropriate, and in accordance with the age and maturity of the child concerned, the wishes of the child,

(c) the availability of places in schools in the locality,

(d) the school that, in the Agency’s view, it would be in the best interests of the child to attend.

F74[(4A) (a) Where a school is designated under subsection (1) or (3), the Council or Agency, as the case may be, shall serve a notice on the board of the school concerned that a designation has been made and that it is proposed to direct the board to admit the child concerned.

(b) A notice under paragraph (a) shall state that the board may make representations in writing to the Council or Agency, as the case may be, in relation to the designation and proposed direction not later than 10 days from the service of the notice.

(c)The board on whom a notice is served under paragraph (a) may, not later than 10 days from the service of the notice, make representations in writing to the Council or Agency, as the case may be, in relation to the designation and proposed direction.

(4B) The Council or Agency, as the case may be, may, after consideration of the representations (if any) made under subsection (4A)(c), serve a direction on the board to admit the child concerned to the school designated under subsection (1) or (3), as the case may be, within such period as may be specified in the direction.

(4C) The board shall comply with a direction served on it under subsection (4B).]

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(20) In this section—

"Agency" means the Child and Family Agency;

"board" includes, where the context so requires, a relevant managerial authority of a centre for education;

"child" includes a person in respect of whom an application for admission to a school has not been made;

"Council" means the National Council for Special Education;

"school" includes a centre for education.]