(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—
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;
(b)
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.
(3) The definition of “pupil” in subsections (1) and (1A) also apply (unless the context otherwise requires) for the purposes of any instrument made or having effect as if made under the Education Acts.
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;
“Academy school”, “Academy order” and “alternative provision Academy” have the meanings have the meanings given by sections 1A, 1B and 1C respectively of that Act;
Defines a special school as one specially organised to make special educational provision, informing the distinction between a mainstream school and a special school. (see paras [31]-[34])
Defines a special school as a school specially organised to provide special educational provision for pupils with special educational needs. It supplied terminology for the distinction between mainstream and special schools (see para [10]).
The court noted the statutory definition of a special school as a school specially designed to make special educational provision for pupils with special educational needs. This supported the context of considering flexibility in a special-school placement. (see para [43])