Commentary on Sections of the Act
Part 2 – Additional Learning Needs
Chapter 3 – Supplementary Functions.
Functions relating to securing additional learning provision
Section 51 - Duty to favour education for children at mainstream maintained schools
127.Section 51 requires that where a child of compulsory school age with ALN should be educated in a school, the local authority must ensure that the child is educated in a mainstream maintained school, unless any of the circumstances set out in subsection (2) apply. These exceptions recognise that it might sometimes be appropriate to educate a child with ALN elsewhere. However, the exception regarding parental wishes does not require the local authority to secure the child’s education otherwise than in a mainstream maintained school (subsection (4)). Also, the requirement on the local authority in this subsection does not prevent a child from being educated at an approved non-maintained special school in England or an independent school, if it is not meeting the cost of that education (subsection (5)).
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