[2025] UKUT 226 (AAC)

As noted above, on the face of the CFA 2014, parental preference for a school or other institution falling within section 38(3) can only be defeated on one of the three specific bases identified in section 39(4), and parental preference for a mainstream school can only be defeated if the local authority can rely on the section 33(2)(b) exception. In either case, however, if parental preference is defeated by one or other of these routes, the local authority’s duty under section 39(5) to name an ‘appropriate’ school or type of school (or other institution) remains.

At that stage the general duty in section 9 of the Education Act 1996 (EA 1996) to consider parents’ wishes in relation to the education of their children comes into play. Section 9 provides as follows:-