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Children and Families Act 2014

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Children and Families Act 2014, Cross Heading: Special educational provision: functions of local authorities is up to date with all changes known to be in force on or before 22 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • specified provision(s) amendment to savings and transitional provisions in SI 2014/2270 for commencing SI 2014/889 by S.I. 2015/1619 art. 3-7
  • specified provision(s) amendment to savings and transitional provisions in SI 2014/2270 for commencing SI 2014/889 by S.I. 2015/505 art. 3-8
  • specified provision(s) transitional and savings provisions for commencing SI 2014/889 art. 7(a) by S.I. 2014/2270 art. 3-30

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Special educational provision: functions of local authoritiesE+W

61Special educational provision otherwise than in schools, post-16 institutions etcE+W

(1)A local authority in England may arrange for any special educational provision that it has decided is necessary for a child or young person for whom it is responsible to be made otherwise than in a school or post-16 institution or a place at which relevant early years education is provided.

(2)An authority may do so only if satisfied that it would be inappropriate for the provision to be made in a school or post-16 institution or at such a place.

(3)Before doing so, the authority must consult the child's parent or the young person.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I1S. 61 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

62Special educational provision outside England and WalesE+W

(1)This section applies where a local authority in England makes arrangements for a child or young person for whom it maintains an EHC plan to attend an institution outside England and Wales which specialises in providing for children or young people with special educational needs.

(2)The arrangements may (in particular) include contributing to or paying—

(a)fees charged by the institution;

(b)the child's or young person's travelling expenses;

(c)expenses reasonably incurred in maintaining the child or young person while at the institution or travelling to or from it;

(d)expenses reasonably incurred by someone accompanying the child or young person while travelling to or from the institution or staying there.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 62 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

63Fees for special educational provision at non-maintained schools and post-16 institutionsE+W

(1)Subsection (2) applies where—

(a)a local authority maintains an EHC plan for a child or young person,

(b)special educational provision in respect of the child or young person is made at a school, post-16 institution or place at which relevant early years education is provided, and

(c)that school, institution or place is named in the EHC plan.

(2)The local authority must pay any fees payable in respect of education or training provided for the child or young person at that school, institution or place in accordance with the EHC plan.

(3)Subsection (4) applies where—

(a)a local authority is responsible for a child or young person for whom no EHC plan is maintained,

(b)special educational provision in respect of the child or young person is made at a school, post-16 institution or place at which relevant early years education is provided, and

(c)the local authority is satisfied that—

(i)the interests of the child or young person require special educational provision to be made, and

(ii)it is appropriate for education or training to be provided to the child or young person at the school, institution or place in question.

(4)The local authority must pay any fees payable in respect of the special educational provision made at the school, institution or place in question which is required to meet the special educational needs of the child or young person.

(5)Where board and lodging are provided for the child or young person at the school, post-16 institution or place mentioned in subsection (2) or (4), the authority must also pay any fees in respect of the board and lodging, if satisfied that special educational provision cannot be provided at the school, post-16 institution or place unless the board and lodging are also provided.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3S. 63 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

64Supply of goods and servicesE+W

(1)A local authority in England may supply goods and services to—

(a)the governing body of a maintained school or maintained nursery school in England;

(b)the proprietor of an Academy;

(c)the governing body of an institution within the further education sector that the authority thinks is or is to be attended by a young person for whom the authority maintains an EHC plan,

but only for the purpose set out in subsection (2).

(2)The purpose is that of assisting the governing body or proprietor in the performance of—

(a)any duty imposed on the body under section 66(2) (duty to use best endeavours to secure special educational provision called for by special educational needs);

(b)in the case of a governing body of a community or foundation special school, any duty imposed on the body.

(3)The goods and services may be supplied on the terms and conditions that the authority thinks fit, including terms as to payment.

(4)A local authority in England may supply goods and services to any authority or other person (other than a governing body or proprietor within subsection (1)), but only for the purpose set out in subsection (5).

(5)The purpose is that of assisting the authority or other person in making special educational provision for a child who is receiving relevant early years education, in a case where the authority has decided that the special educational provision is necessary for the child.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4S. 64 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

65Access to schools, post-16 institutions and other institutionsE+W

(1)This section applies where a local authority in England maintains an EHC plan for a child or young person.

(2)A person authorised by the authority is entitled to have access at any reasonable time to the premises of a school, post-16 institution or other institution at which education or training is provided in pursuance of the plan, for the purpose of monitoring the education or training.

(3)Subsection (2) does not apply to the premises of a mainstream post-16 institution in Wales.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5S. 65 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

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