PART 2

ADDITIONAL LEARNING NEEDS
CHAPTER 3

SUPPLEMENTARY FUNCTIONS

Additional learning provision in particular kinds of school or other institution

Duty to favour education for children at mainstream maintained schools
51
1
A local authority exercising functions under this Part in relation to a child of compulsory school age with additional learning needs who should be educated in a school must secure that the child is educated in a mainstream maintained school unless any of the circumstances in paragraphs (a) to (c) of subsection (2) apply.
2
The circumstances are—
a
that educating the child in a mainstream maintained school is incompatible with the provision of efficient education for other children;
b
that educating the child otherwise than in a mainstream maintained school is appropriate in the best interests of the child and compatible with the provision of efficient education for other children;
c
that the child’s parent wishes the child to be educated otherwise than in a mainstream maintained school.
3
A local authority may not rely on the exception in subsection (2)(a) unless there are no reasonable steps the authority could take to prevent the incompatibility.
4
Where a child’s parent wishes his or her child to be educated otherwise than in a mainstream maintained school, subsection (2)(c) does not require a local authority to secure that the child is educated otherwise than in a mainstream maintained school.
5
Subsection (1) does not prevent a child from being educated in—
a
an independent school, or
b
a school approved under section 342 of the Education Act 1996 (c. 56),
if the cost is met otherwise than by a local authority.