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Education Act 1996

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Section 508B

[F1SCHEDULE 35BU.K.Meaning of “eligible child” for purposes of section 508B

Textual Amendments

F1Sch. 35B inserted (1.9.2007 for the insertion of Sch. 35B para. 1 for specified purposes and paras. 2-10, 14, 15 for all purposes, 1.9.2008 in so far as not already in force) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 8; S.I. 2007/1801, art. 4(k); S.I. 2008/1971, art. 2(b)

1U.K.For the purposes of section 508B (travel arrangements for eligible children) an “eligible child” means a child who falls within any of paragraphs 2 to 7 or 9 to 13.

Children with special educational needs, a disability or mobility problemsU.K.

2U.K.A child falls within this paragraph if—

(a)he is of compulsory school age and is any of the following—

  • a child with special educational needs;

  • a disabled child;

  • a child with mobility problems,

(b)he is a registered pupil at a qualifying school which is within walking distance of his home,

(c)no suitable arrangements have been made by the [F2local authority] for enabling him to become a registered pupil at a qualifying school nearer to his home, and

(d)having regard to whichever of the following are relevant—

  • his special educational needs;

  • his disability;

  • his mobility problems,

he cannot reasonably be expected to walk to the school mentioned in paragraph (b).

3U.K.A child falls within this paragraph if—

(a)he is of compulsory school age and is any of the following—

  • a child with special educational needs;

  • a disabled child;

  • a child with mobility problems,

(b)he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1), and

(c)having regard to whichever of the following are relevant—

  • his special educational needs;

  • his disability;

  • his mobility problems,

he cannot reasonably be expected to walk to that place.

Children who cannot reasonably be expected to walk because of nature of routesU.K.

4U.K.A child falls within this paragraph if—

(a)he is of compulsory school age and is a registered pupil at a qualifying school which is within walking distance of his home,

(b)no suitable arrangements have been made by the [F2local authority] for enabling him to become a registered pupil at a qualifying school nearer to his home, and

(c)having regard to the nature of the routes which he could reasonably be expected to take, he cannot reasonably be expected to walk to the school mentioned in paragraph (a).

5U.K.A child falls within this paragraph if—

(a)he is of compulsory school age and is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1), and

(b)having regard to the nature of the routes which he could reasonably be expected to take, he cannot reasonably be expected to walk to that place.

Children outside walking distance where no suitable alternative arrangements madeU.K.

6U.K.A child falls within this paragraph if—

(a)he is of compulsory school age and is a registered pupil at a qualifying school which is not within walking distance of his home,

(b)no suitable arrangements have been made by the [F2local authority] for boarding accommodation for him at or near the school, and

(c)no suitable arrangements have been made by the [F2local authority] for enabling him to become a registered pupil at a qualifying school nearer to his home.

7U.K.A child falls within this paragraph if—

(a)he is of compulsory school age and is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1),

(b)that place is not within walking distance of his home,

(c)no suitable arrangements have been made by the [F2local authority] for boarding accommodation for him at or near that place, and

(d)no suitable arrangements have been made by the [F2local authority] for enabling him to become a registered pupil at a qualifying school nearer to his home.

8(1)Where—U.K.

(a)a child of compulsory school age has been excluded from a relevant school,

(b)he remains for the time being a registered pupil at the school, and

[F3(c)the appropriate authority for the school has made arrangements for the provision of full-time education for him otherwise than at the school or at his home during the period of exclusion,]

paragraph 6 has effect as if the place at which [F4the education is provided] were a qualifying school and the child were a registered pupil at that school (and not at the school mentioned in paragraph (b)).

(2)For the purposes of sub-paragraph (1)—

(a)relevant school” and “appropriate authority” have the same meaning as in section 444ZA (application of section 444 to alternative educational provision), and

[F5(b)in relation to a maintained school or a pupil referral unit, references in that sub-paragraph to exclusion are references to exclusion under [F6section 51A] of the Education Act 2002.]

Children entitled to free school meals etcU.K.

9U.K.A child falls within this paragraph if—

(a)he has attained the age of 8 but not the age of 11,

(b)he is a registered pupil at a qualifying school which is more than two miles from his home,

(c)no suitable arrangements have been made by the [F2local authority] for enabling him to become a registered pupil at a qualifying school nearer to his home, and

(d)the appropriate condition is met in relation to him.

10U.K.A child falls within this paragraph if—

(a)he has attained the age of 8 but not the age of 11,

(b)he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1),

(c)that place is more than two miles from his home, and

(d)the appropriate condition is met in relation to him.

11U.K.A child falls within this paragraph if—

(a)he has attained the age of 11,

(b)he is a registered pupil at a qualifying school which is more than two miles, but not more than six miles, from his home,

(c)there are not three or more suitable qualifying schools which are nearer to his home, and

(d)the appropriate condition is met in relation to him.

12U.K.A child falls within this paragraph if—

(a)he has attained the age of 11,

(b)he is a registered pupil at a qualifying school which is more than two miles, but not more than fifteen miles, from his home,

(c)his parent has expressed a wish, based on the parent's religion or belief, for him to be provided with education at that school,

(d)having regard to the religion or belief on which the parent's wish is based, there is no suitable qualifying school which is nearer to the child's home, and

(e)the appropriate condition is met in relation to him.

13U.K.A child falls within this paragraph if—

(a)he has attained the age of 11,

(b)he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1),

(c)that place is more than two miles, but not more than six miles, from his home, and

(d)the appropriate condition is met in relation to him.

14(1)For the purposes of paragraphs 9 to 13, the appropriate condition is met in relation to a child if condition A or condition B is met.U.K.

(2)Condition A is met if the child is within section 512ZB(4) (provision of free school lunches and milk).

(3)Condition B is met if—

(a)a parent of the child, with whom the child is ordinarily resident, is a person to whom working tax credit is awarded, and

(b)the award is at the rate which is the maximum rate for the parent's case or, in the case of an award to him jointly with another, at the rate which is the maximum rate for their case.

Meaning of “qualifying school” etcU.K.

15(1)The definitions in sub-paragraphs (2) to (5) apply for the purposes of this Schedule.U.K.

(2)Qualifying school” in relation to a child means—

(a)a community, foundation or voluntary school,

(b)a community or foundation special school,

(c)a school approved under section 342 (non-maintained special schools),

(d)a pupil referral unit,

(e)a maintained nursery school, or

(f)a city technology college, a city college for the technology of the arts[F7, an Academy school or an alternative provision Academy].

(3)In relation to a child with special educational needs, an independent school, other than a college or Academy falling within sub-paragraph (2)(f), is also a “qualifying school” if—

(a)it is the only school named in the [F8EHC plan maintained for the child], or

(b)it is one of two or more schools named in that [F9plan] and of those schools it is the nearer or nearest to the child's home.

(4)Disabled child” means a child who has a disability for the purposes of the [F10Equality Act 2010] , and “disability” is to be construed accordingly.

(5)Walking distance” has the meaning given by section 444(5).

(6)“Religion” and “belief” are to be read in accordance with section 509AD(3).

(7)In the case of a child who is a registered pupil at both a pupil referral unit and at a school other than a unit, references in this Schedule to the school at which he is a registered pupil are to be read as references to the unit.]

Textual Amendments

F7Words in Sch. 35B para. 15(2)(f) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(20); S.I. 2012/924, art. 2

F8Words in Sch. 35B para. 15(3)(a) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 61(a); 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)

F9Word in Sch. 35B para. 15(3)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 61(b); 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)

F10Words in Sch. 35B para. 15(4) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 40 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5) (see S.I. 2010/2317, art. 2)

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