(1)This section applies to a child with special educational needs who should be educated in a school.
(2)If no statement is maintained under section 324 for the child, he must be educated in a mainstream school.
(3)If a statement is maintained under section 324 for the child, he must be educated in a mainstream school unless that is incompatible with—
(a)the wishes of his parent, or
(b)the provision of efficient education for other children.
(4)
In this section and section 316A “mainstream school” means any school other than—
(a)a special school, or
(b)an independent school which is not—
(i)a city technology college,
(ii)a city college for the technology of the arts, or
(iii) an Academy .
Cases considering section 316 8
[2009] EWCA Civ 859 · 11 June 2009Interprets
Section 316 is treated as governing school education only after the section 319 question has been addressed and the child should be educated in a school. (see paras [13]-[16]; [24]-[25])
Subsection (1) confirms that section 316 operates only where the child should be educated in a school. (see paras [13]; [25])
If the authority is not satisfied that provision would be inappropriate in a school, it must determine whether education is to be provided in a maintained school under section 316(3) or otherwise under section 316A. (see para [24])
[2004] EWCA Civ 770 · 23 June 2004Limits
Establishes the mainstream-school duty. The court held that the duty does not require a particular school to be named, but permits consideration and normally naming of a mainstream school once the section 316 process applies (see paras [19]-[21], [70]-[76]).
Identifies the child to whom the substituted section 316 applies: a child with special educational needs who should be educated in a school. It was part of the statutory framework (see para [21]).
Provides that a child without a maintained statement must be educated in a mainstream school. It forms part of the statutory contrast with the position where a statement is maintained (see para [21]).
Was part of the original section 316 conditions concerning compatibility with the special educational provision required by the child. The court treated Parliament’s omission of that suitability-related structure from the substituted provision as significant (see paras [20], [47], [79]).
Was part of the original section 316 conditions concerning efficient education for the children with whom the child would be educated. It was included in the comparison with the substituted provision (see para [20]).
Was part of the original section 316 conditions concerning efficient use of resources. It was included in the comparison with the substituted provision (see para [20]).
Requires mainstream education for a child with a maintained statement unless it is incompatible with the parent’s wishes or the provision of efficient education for other children. The court held that it does not require a particular school to be named (see paras [21], [70]-[75]).
Identifies the parent’s wishes as a statutory exception to the mainstream-school duty. The court analysed this within the distinct section 316 process (see paras [21], [70]-[71]).
Makes incompatibility with the provision of efficient education for other children the relevant substantive exception in the section 316 process. That exception is qualified by the reasonable-steps requirements in section 316A (see paras [21], [70]-[71]).
[1998] EWCA Civ 3535 · 12 February 1998
Applied as part of the statutory framework requiring consideration of ordinary schooling, compatibility with other pupils and efficient use of resources. These considerations informed whether a school should be named (see pp. 5; 17; 35).
What each judgment says about section 316 is in the case-law panel in the full Act.