Section 348 Provision of special education at non-maintained schools —Wales.F4

England and Wales

(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,

F1(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 F2local 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.

F3(3)

In this section “maintained school” means a school maintained by a local authority.

Annotations

Textual amendments

F1: S. 348(1)(aa) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 38(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
F2: Words 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))
F3: S. 348(3) substituted (1.9.1999) for s. 348(3)(a)-(c) by 1998 c. 31, s. 140(1), Sch. 30 para.84 (with ss. 138(9), 144(6))
F4: Word in s. 348 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 38(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Notes on Part IV

Modifications

C1: Pt. 4 power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26(3); S.I. 2012/320, art. 2(g)