Explanatory note

Section 494 of the Education Act 1996 provides for amounts to be transferred where pupils who have been permanently excluded from a school maintained by a local education authority, a grant-maintained school or a grant-maintained special school receive education in another such school, or a pupil referral unit or pursuant to a local education authority’s duty to provide education otherwise than at school. These Regulations prescribe for the purposes of section 494(2) and (4) of that Act the method of determining the appropriate amount of funding which is to be transferred following such an exclusion.

The changes from the Education (Amount to Follow Permanently Excluded Pupil) Regulations 1994, which are revoked, are as follows.

Provision is made for determining the relevant local education authority where a grant-maintained school straddles the areas of two or more authorities or where the former maintaining authority of a grant-maintained special school has been subject to local government reorganisation.

Provision is also made to determine an appropriate amount of funding where no amount is attributable in accordance with the allocation formula under the authority’s scheme for the local management of schools. The amount will be determined by reference to the current regulations for the funding of grant-maintained schools.