Special educational provision otherwise than in schools
Part IV Special educational needs
(1)Where a [F6 local authorityF6] are satisfied that it would be inappropriate for—
(a)the special educational provision which a learning difficulty of a child in their area calls for, or
(b)any part of any such provision,
to be made in a school, they may arrange for the provision (or, as the case may be, for that part of it) to be made otherwise than in a school.
(2)Before making an arrangement under this section, a [F6 local authorityF6] shall consult the child’s parent.
“local authority” means—
a local authority in England;
a local authority in Wales;
“special educational provision”—
in relation to a person in the area of a local authority in England, has the meaning given by section 21(1) and (2) of the Children and Families Act 2014;
in relation to a child in the area of a local authority in Wales, has the meaning given by section 312(4);
(4) In this Act “special educational provision” means—
(a)in relation to a child who has attained the age of two, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of his age in schools maintained by the local authority (other than special schools) . . ., and
(b)in relation to a child under that age, educational provision of any kind.
Defined in s.312(4) · see it in the full Act“child” means a person who is not over compulsory school age;
Defined in s.579(1) · see it in the full Act“child” includes any person who has not attained the age of 19 and is a registered pupil at a school;
Defined in s.312(5) · see it in the full Act(1) In this Act (subject to subsections (1A) to (1C) ) “school” means an educational institution which is outside the further education sector and the wider higher education sector and is an institution for providing—
(a)primary education,
(b)secondary education, or
(c)both primary and secondary education,
Defined in s.4(1) · see it in the full Act(1) In this Act, unless the context otherwise requires, “parent”, in relation to a child or young person, includes any person—
(a)who is not a parent of his but who has parental responsibility for him, or
(b)who has care of him,
Defined in s.576(1) · see it in the full ActSection 319 is placed at the stage when the authority determines the special educational provision required, before resolving school placement under sections 316 and 316A. (see paras [23]-[25]) The authority must ask whether it is satisfied that the required provision, or any part of it, would be inappropriate in a school. If so, it may arrange provision otherwise than in a school after consulting the parent. (see paras [24]-[26])
Confirmed that special educational provision may be made otherwise than at a school. This supported the conclusion that naming a school is not necessarily required (see pp. 6; 18; 42).
Confirms that educational provision may be arranged otherwise than in a school where school provision is inappropriate. This demonstrates why the registered-pupil definition cannot be exhaustive. (see paras [14]; [17])
What each judgment says about section 319 is in the case-law panel in the full Act.