(1)This section applies where—
(a)special educational provision in respect of a child with special educational needs is made at a school which is not a maintained school,
(aa)the child is in the area of a local authority in Wales, and
(b)either the name of the school is specified in a statement in respect of the child under section 324 or the local authority are satisfied—
(i)that his interests require the necessary special educational provision to be made for him at a school which is not a maintained school, and
(ii)that it is appropriate for the child to be provided with education at the particular school.
(2)Where this section applies, the local authority shall pay the whole of the fees payable in respect of the education provided for the child at the school, and if—
(a)board and lodging are provided for him at the school, and
(b)the authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless the board and lodging are also provided,
the authority shall pay the whole of the fees payable in respect of the board and lodging.
(3)
In this section “maintained school” means a school maintained by a local authority
.
Cases considering section 348 7
[2010] EWCA Civ 668 · 15 June 2010Interprets
Section 348 applies where a non-maintained school is named in or required by a statement. The court identified, but did not decide, whether the statutory fees are the ordinary fee or the reduced fee actually sought where voluntary parental support is involved. (see paras [15]-[24])
Section 348(2) imposes a duty to pay the whole fees payable for education at a named non-maintained school and prevents the authority from requiring parents to contribute. The court left open whether voluntary funding that reduces the fee affects the statutory comparison. (see paras [15]-[20]; [22]-[24])
[1998] EWCA Civ 3535 · 12 February 1998Limits
Applied in explaining when provision at a non-maintained school falls within the fee-payment scheme, including where the school’s name is specified in a statement (see pp. 42-43).
Applied as part of the conditions for the authority’s liability for fees where the child’s interests require provision at a non-maintained school (see p. 43).
Applied as requiring the authority to be satisfied that provision at the particular non-maintained school is appropriate. The provision did not impose a duty to name that school (see p. 43).
Referred to as imposing payment obligations where section 348 applies. It supported the parents’ interest in naming a non-maintained school but did not create a naming duty (see p. 43).
Referred to for the statutory meaning of maintained school in the fee-payment provisions. It was not determinative of the appeals (see p. 43).
[2009] EWHC 1091 (QB) · 8 September 2009Interprets
The conditions prescribed in subsection (1) identify when the fee-payment obligation in section 348 applies. The court treated those conditions as met in the present case.
Where section 348 applies, the local education authority must pay the whole of the fees payable for the child’s education at the school. The provision prohibits a joint funding arrangement between the authority and parents and prevails over the general principle in section 9.
What each judgment says about section 348 is in the case-law panel in the full Act.