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Regulation 5 Cases in which recoupment is required for education provided before 1st September 2026: English home authority, English providing authorityF2I1

England and Wales

(1)

This regulation applies to education provided to a looked after child who is—

F1(a)

a child for whom an EHC plan is maintained under section 37(1) of the Children and Families Act 2014;

(b)

a person attending a special school.

(2)

Where—

(a)

provision for any education to which this regulation applies is made by a providing authority in England in respect of a person who belongs to the area of a home authority in England; and

(b)

the providing authority incurs cost by making provision for the education of that child in another local authority area in England or Wales,

the home authority must pay to the providing authority such amount as the home authority and the providing authority may agree.

Annotations

Textual amendments

F1

Reg. 5(1)(a) substituted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 44(3)

F2

Words in reg. 5 heading substituted (1.9.2026) by The Inter-authority Recoupment (England) (Amendment) Regulations 2026 (S.I. 2026/686), regs. 1(b), 2(4)

Commencement

I1

Reg. 5 in force at 1.4.2013, see reg. 1(1)