Regulation 5A Cases in which recoupment is required for education provided from 1st September 2026: English home authority, English providing authorityF1

(1)

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

(a)

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

(b)

who is attending a special school.

(2)

Where provision for any education to which this regulation applies is made by a providing authority in England in respect of a looked after child who belongs to the area of a home authority in England, the home authority must pay to the providing authority—

(a)

such amount as the home authority and the providing authority agree, or

(b)

where no such agreement is reached within six months from the date on which the providing authority submits a claim for payment to the home authority under regulation 10 in respect of the costs incurred by making provision for the education of that looked after child, an amount equal to the sum of the expenditure in paragraph (3).

(3)

The expenditure in this paragraph is all expenditure incurred by the providing authority by making provision for the education of the looked after child during the period to which the claim for payment referred to in paragraph (2)(b) relates, which—

(a)

includes expenditure incurred by or under any enactment relating to the provision of transport for the looked after child to and from the school at which the looked after child is a registered pupil during that period, and

(b)

excludes any amount received by the providing authority in respect of the looked after child through the Dedicated Schools Grant for that period.

(4)

In paragraph (3)(b), “Dedicated Schools Grant” means the grant of that name paid to a local authority by the Secretary of State under section 14 of the Education Act 2002 (power of Secretary of State and National Assembly for Wales to give financial assistance for purposes related to education or children etc).

Annotations

Textual amendments

F1: Reg. 5A inserted (1.9.2026) by The Inter-authority Recoupment (England) (Amendment) Regulations 2026 (S.I. 2026/686), regs. 1(b), 2(5)