Section 292 Independent schools that are children’s homes.

In section 63 of the M1Children Act 1989 (children not to be cared for and accommodated in unregistered children’s homes) for subsection (6) there is substituted—

“(6)

An independent school is a children’s home at any time if at that time accommodation is provided for children at the school and either—

(a)

in each year that fell within the period of two years ending at that time accommodation was provided for more than three of the children at the school, or under arrangements made by the proprietor of the school, for more than 295 days in that year, or

(b)

it is intended to provide accommodation for more than three of the children at the school, or under arrangements made by the proprietor of the school, for more than 295 days in any year,

unless the school is approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements); and in this subsection “year” means a period of twelve months and “proprietor” has the same meaning as in the Education Act 1944.”

In section 70 of the M2Education Act 1944 (registration of independent schools) after subsection (4) there is inserted—

“(4A)

Regulations made under subsection (4) above may in particular require the proprietor of a school to furnish the Registrar with such information as is required by the local authority for the purpose of determining whether the school is a children’s home (within the meaning of the Children Act 1989).”