Part 2

Accommodation Centres

General

Education: special cases
37
1
This section applies to a child if a person who provides education to residents of an accommodation centre recommends in writing to the local authority for the area in which the centre is that this section should apply to the child on the grounds that his special circumstances call for provision that can only or best be arranged by the authority.
2
A local authority may—
a
arrange for the provision of education for a child to whom this section applies;
b
disapply a provision of section 36 in respect of a child to whom this section applies.
3
In determining whether to exercise a power under subsection (2) in respect of a child a local authority shall have regard to any relevant guidance issued by the Secretary of State.
4
The governing body of a maintained school shall comply with a requirement of the local authority to admit to the school a child to whom this section applies.
5
Subsection (4) shall not apply where compliance with a requirement would prejudice measures taken for the purpose of complying with a duty arising under section 1(6) of the School Standards and Framework Act 1998 (c. 31) (limit on infant class size).
6
A local authority may not impose a requirement under subsection (4) in respect of a school unless the authority has consulted the school in accordance with regulations made by the Secretary of State.
7
In the case of a maintained school for which the local authority are the admission authority, the authority may not arrange for the admission of a child to whom this section applies unless the authority has notified the school in accordance with regulations made by the Secretary of State.
8
In this section—
a
“maintained school” means a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (definition), and
b
an expression which is also used in the Education Act 1996 (c. 56) shall have the same meaning as it has in that Act.
Pt. 2 applied (with modifications) (25.2.2008) by The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008 (S.I. 2008/212), regs. 1, 5(a), Sch. 1
Words in s. 37 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 51(3)