Part I General
Chapter IIIF7local authorities
Other arrangements for provision of education
C119 Exceptional provision of education in pupil referral units or elsewhere.
1
Each F6local authority shall make arrangements for the provision of suitable F1. . . education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.
F81A
In relation to England, subsection (1) does not apply in the case of a child—
a
who will cease to be of compulsory school age within the next six weeks, and
b
does not have any relevant examinations to complete.
In paragraph (b) “relevant examinations” means any public examinations or other assessments for which the child has been entered.
2
Any school established (whether before or after the commencement of this Act) and maintained by a F6local authority which—
a
is specially organised to provide education for such children, and
b
is not a county school or a special school,
shall be known as a “pupil referral unit”.
F32A
Subsection (2) does not apply in relation to schools in England.
2B
Any school established in England (whether before or after the commencement of this Act) and maintained by a F6local authority which—
a
is specially organised to provide education for such children, and
b
is not a community or foundation school, a community or foundation special school, or a maintained nursery school,
shall be known as a “pupil referral unit”.
3
A F6local authority may secure the provision of boarding accommodation at any pupil referral unit.
C2F9F43A
In relation to England, the education to be provided for a child in pursuance of arrangements made by a local authority under subsection (1) shall be—
a
full-time education, or
b
in the case of a child within subsection (3AA), education on such part-time basis as the authority consider to be in the child's best interests.
3AA
A child is within this subsection if the local authority consider that, for reasons which relate to the physical or mental health of the child, it would not be in the child's best interests for full-time education to be provided for the child.
3B
4
F24A
In determining what arrangements to make under subsection (1) or (4) in the case of any child or young person a F6local authority shall have regard to any guidance given from time to time by the Secretary of State.
5
Any child for whom education is provided otherwise than at school in pursuance of this section, and any young person for whom full-time education is so provided in pursuance of this section, shall be treated for the purposes of this Act as a pupil.
F56
In this section—
“relevant school” means—
- a
a maintained school,
- b
an Academy,
- c
a city technology college, or
- d
a city college for the technology of the arts;
- a
“suitable education”, in relation to a child or young person, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have (and “suitable full-time education” is to be read accordingly).
7
Schedule 1 has effect in relation to pupil referral units.
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))