{
  "url": "https://openlegislation.uk/additional-learning-needs-and-education-tribunal-wales-act-2018/section-51",
  "json_url": "https://openlegislation.uk/additional-learning-needs-and-education-tribunal-wales-act-2018/section-51.json",
  "legislation": "anaw/2018/2",
  "legislation_title": "Additional Learning Needs and Education Tribunal (Wales) Act 2018",
  "legislation_url": "https://openlegislation.uk/additional-learning-needs-and-education-tribunal-wales-act-2018",
  "path": "section/51",
  "kind": "section",
  "number": "51",
  "heading": "Duty to favour education for children at mainstream maintained schools",
  "text": "(1) A local authority exercising functions under this Part in relation to a child of compulsory school age with additional learning needs who should be educated in a school must secure that the child is educated in a mainstream maintained school unless any of the circumstances in paragraphs (a) to (c) of subsection (2) apply.\n(2) The circumstances are—\n(a) that educating the child in a mainstream maintained school is incompatible with the provision of efficient education for other children;\n(b) that educating the child otherwise than in a mainstream maintained school is appropriate in the best interests of the child and compatible with the provision of efficient education for other children;\n(c) that the child's parent wishes the child to be educated otherwise than in a mainstream maintained school.\n(3) A local authority may not rely on the exception in subsection (2)(a) unless there are no reasonable steps the authority could take to prevent the incompatibility.\n(4) Where a child's parent wishes his or her child to be educated otherwise than in a mainstream maintained school, subsection (2)(c) does not require a local authority to secure that the child is educated otherwise than in a mainstream maintained school.\n(5) Subsection (1) does not prevent a child from being educated in—\n(a) an independent school, or\n(b) a school approved under section 342 of the Education Act 1996 (c. 56),\nif the cost is met otherwise than by a local authority.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 51 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/938, art. 2(3))"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 51 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/938, art. 2(4)(5))"
    },
    {
      "type": "I",
      "label": "I3",
      "text": "S. 51 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(i) (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2; (10.6.2022) by S.I. 2022/663, art. 2 and (21.8.2023) by S.I. 2023/932, art. 2)"
    },
    {
      "type": "I",
      "label": "I4",
      "text": "S. 51 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(i) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; and (10.6.2022) by S.I. 2022/663, art. 3; and (21.8.2023) by S.I. 2023/932, art. 3)"
    },
    {
      "type": "I",
      "label": "I5",
      "text": "S. 51 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(i), 4 (with art. 1(4))"
    },
    {
      "type": "I",
      "label": "I6",
      "text": "S. 51 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))"
    },
    {
      "type": "I",
      "label": "I7",
      "text": "S. 51 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(i) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)"
    },
    {
      "type": "I",
      "label": "I8",
      "text": "S. 51 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(i), 3"
    },
    {
      "type": "I",
      "label": "I9",
      "text": "S. 51 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(i) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)"
    },
    {
      "type": "I",
      "label": "I10",
      "text": "S. 51 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(i) (with arts. 2, 4-18)"
    },
    {
      "type": "I",
      "label": "I11",
      "text": "S. 51 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(i) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)"
    },
    {
      "type": "I",
      "label": "I12",
      "text": "S. 51 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(i), 4"
    },
    {
      "type": "I",
      "label": "I13",
      "text": "S. 51 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(i)"
    },
    {
      "type": "I",
      "label": "I14",
      "text": "S. 51 in force at 1.9.2025 for specified purposes by S.I. 2022/893, art. 2(i) (with art. 1(2))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/anaw/2018/2/section/51",
    "retrieved_at": "2026-10-29T20:18:08.644876+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}