Part IX Ancillary functions
Chapter II Ancillary functions of F4local authorities
Provision of services
514 Provision of board and lodging otherwise than at school.
1
Where a F3local authority are satisfied with respect to any pupil—
a
that primary or secondary education suitable to his age, ability and aptitude and to any special educational needs he may have can best be provided for him at a F1particular community, foundation or voluntary or community or foundation special school, but
b
that such education cannot be so provided unless boarding accommodation is provided for him otherwise than at the school,
they may provide such board and lodging for him under such arrangements as they think fit.
2
Where a F3local authorityF5in England are satisfied with respect to a pupil with special educational needs that provision of board and lodging for him is necessary for enabling him to receive the required special educational provision, they may provide such board and lodging for him under such arrangements as they think fit.
3
In making any arrangements under this section, a F3local authority shall, so far as practicable, give effect to the wishes of the pupil’s parent as to the religion or religious denomination of the person with whom the pupil will reside.
4
Subject to subsection (5), where a F3local authority have provided a pupil with board and lodging under arrangements under this section, they shall require the pupil’s parent to pay them such sums, if any, in respect of the board and lodging as in their opinion he is able to pay without financial hardship.
5
No sum is recoverable under subsection (4) if the arrangements were made by the authority on the ground that in their opinion education suitable to the pupil’s age, ability and aptitude or special educational needs could not otherwise be provided for him.
6
The sums recoverable under subsection (4) shall not exceed the cost to the authority of providing the board and lodging.
7
Any sum payable under subsection (4) may be recovered summarily as a civil debt.
F28
In its application to a local authority in Wales, references in this section to special educational needs are to be interpreted as references to additional learning needs.
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(3) (with Sch. 2 para. 7(4)(5))