Education Act 1996 s.320 – Provision outside England and Wales for certain children

(1)A [^F6 local authority^F6] may make such arrangements as they think fit to enable a child for whom they maintain a statement under section 324 to attend an institution outside England and Wales which specialises in providing for children with special needs.

(2) In subsection (1) “children with special needs” means children who have particular needs which would be special educational needs if those children were in England and Wales.

(3)Where a [^F6 local authority^F6] make arrangements under this section in respect of a child, those arrangements may in particular include contributing to or paying—

(a)fees charged by the institution,

(b)expenses reasonably incurred in maintaining him while he is at the institution or travelling to or from it,

(c)his travelling expenses, and

(d)expenses reasonably incurred by any person accompanying him while he is travelling or staying at the institution.

(4)This section is without prejudice to any other powers of a [^F6 local authority^F6] .

Definitions used in section 320 3

local authority: “local authority” means—

(a)
a local authority in England;

(b)
a local authority in Wales;

Defined in s.579(1) · see it in the full Act
child: “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
special educational needs: “special educational needs”—

(a)
in relation to a child or person over compulsory school age but under 25 in the area of a local authority in England, has the meaning given by section 20(1) of the Children and Families Act 2014;

(b)
in relation to a child in the area of a local authority in Wales, has the meaning given by section 312;

Defined in s.579(1) · see it in the full Act

Cases considering section 320 3

TM v London Borough of Hounslow

[2009] EWCA Civ 859 · 11 June 2009

Section 320 is identified as addressing the possibility that a child with a statement may attend an institution outside England and Wales. (see para [17])

Richardson v Solihull Metropolitan Borough Council

[1998] EWCA Civ 3535 · 12 February 1998

Referred to as recognising that special educational provision may in some cases be made outside England and Wales. It illustrated the breadth of possible provision (see p. 6).

JG & Anor v Kent County Council & Ors

[2016] EWHC 1102 (Admin) · 13 May 2016Interprets

Section 320 was cited as part of the statutory scheme permitting provision at a school outside the authority’s area, supporting the conclusion that physical presence outside the area did not itself determine a transfer of responsibility (see para [120]).

What each judgment says about section 320 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

F6Words 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(2) (with Sch. 2 para. 7(4)(5))