Nationality, Immigration and Asylum Act 2002

Prospective

36 Education: general U.K.

(1) For the purposes of section 13 of the Education Act 1996 (c. 56) (general responsibility of [F1 local authority]) a resident of an accommodation centre shall not be treated as part of the population of a [F1 local authority] area.

(2) A child who is a resident of an accommodation centre may not be admitted to a maintained school or a maintained nursery (subject to section 37).

(3) But subsection (2) does not prevent a child’s admission to a school which is—

(a) a community special school or a foundation special school, and

(b) named in [F2 an EHC plan maintained for the child under section 37 of the Children and Families Act 2014 or] [F3 a statement in respect of the child under section 324 of the Education Act 1996 (c. 56) (special educational needs)] [F3 an individual development plan maintained for the child under section 14 or 19 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018].

(4) In subsections (2) and (3)—

(a) “maintained school” means a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (c. 31) (definition), and

(b) “maintained nursery” means a facility for nursery education, within the meaning of section 117 of that Act, provided by a [F4 local authority].

(5) The following shall not apply in relation to a child who is a resident of an accommodation centre (subject to section 37)—

(a) section 86(1) and (2) of the School Standards and Framework Act 1998 (parental preference),

(b) section 94 of that Act (appeal),

(c) section 19 [F5 or 19A] of the Education Act 1996 (education out of school),

(d) [F6 section 316(2) and (3) of that Act (child with special educational needs to be educated in mainstream school), F7 ...]

(e) [F8 paragraphs 3 and 8 of Schedule 27 to that Act (special education needs: making of statement: parental preference).]

[F9 (f) sections 33 and 34 of the Children and Families Act 2014 (mainstream education for children with special educational needs), [F10 and]

(g) sections 38 and 39 of that Act (EHC plan: request of parent for named school etc).] [F11 , and]

[F12 (h) section 51 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (duty to favour education for children at mainstream maintained schools).]

[F13 (5A) The powers of the First-tier Tribunal on determining an appeal under section 51(2)(c) of the Children and Families Act 2014 (appeals against certain aspects of content of EHC plan) are subject to subsection (2) above.]

(6) [F14 The power of F15 ...[F16 the Special Educational Needs Tribunal for Wales] under section 326(3) of the Education Act 1996 (appeal against content of statement) is subject to subsection (2) above.]

[F14 The power of the Education Tribunal for Wales under section 71(1) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (decisions on appeals under section 70) is subject to subsection (2) above.]

(7) A person exercising a function under this Act [F17 , Part 3 of the Children and Families Act 2014] [F18 , Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018] or the Education Act 1996 shall (subject to section 37) secure that a child who is a resident of an accommodation centre and who has special educational needs [F18 or additional learning needs] shall be educated by way of facilities provided under section 29(1)(f) of this Act unless that is incompatible with—

(a) his receiving the special educational provision [F19 called for by his special educational needs or] which his learning difficulty calls for,

[F20 (aa) the child receiving the additional learning provision called for by the child’s additional learning needs,]

(b) the provision of efficient education for other children who are residents of the centre, or

(c) the efficient use of resources.

(8) A person may rely on subsection (7)(b) only where there is no action—

(a) which could reasonably be taken by that person or by another person who exercises functions, or could exercise functions, in respect of the accommodation centre concerned, and

(b) as a result of which subsection (7)(b) would not apply.

(9) An accommodation centre is not a school within the meaning of section 4 of the Education Act 1996 (definition); but—

(a) [F21 Part 1 of the Education Act 2005 (school inspections)] shall apply to educational facilities provided at an accommodation centre as if the centre were a school (for which purpose a reference to the appropriate authority shall be taken as a reference to the person (or persons) responsible for the provision of education at the accommodation centre),

[F22 (aa) section 36 of the Children and Families Act 2014 (assessment of education, health and care needs: England) shall have effect as if an accommodation centre were a school,]

(b) [F23 section 329A of the Education Act 1996 (review or assessment of educational needs at request of responsible body) shall have effect as if—

(i) an accommodation centre were a relevant school for the purposes of that section,

(ii) a child for whom education is provided at an accommodation centre under section 29(1)(f) were a registered pupil at the centre, and

(iii) a reference in section 329A to the responsible body in relation to an accommodation centre were a reference to any person providing education at the centre under section 29(1)(f), and]

[F23 the person responsible for education at an accommodation centre may refer a case to a local authority under section 12(2)(a) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 as though—

(i) a child for whom education is provided at the centre under section 29(1)(f) were a child who is a registered pupil at a school, and

(ii) that person were the governing body of the school.]

(c) [F24 section 140 of the Learning and Skills Act 2000 (c. 21) (learning difficulties: assessment of post-16 needs) shall have effect as if an accommodation centre were a school.]

(10) Subsections (1), (2) and (5) shall not apply in relation to an accommodation centre if education is not provided for children who are residents of the centre under section 29(1)(f).

(11) An expression used in this section and in the Education Act 1996 (c. 56) shall have the same meaning in this section as in that Act.

Textual Amendments

F1 Words in s. 36(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 51(2)(a)

F2 Words in s. 36(3)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(2); S.I. 2014/889, art. 7(a)

F3 Words in s. 36(3)(b) substituted (W.) (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(a)

F4 Words in s. 36(4)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 51(2)(b)

F5 Words in s. 36(5)(c) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 7

F6 S. 36(5)(d) omitted (W.) (1.9.2021) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(b)

F7 Word in s. 36(5)(d) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(3); S.I. 2014/889, art. 7(a)

F8 S. 36(5)(e) omitted (W.) (1.9.2021) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(b)

F9 S. 36(5)(f)(g) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(3); S.I. 2014/889, art. 7(a)

F10 Word in s. 36(5) omitted (W.) (1.9.2021) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(c)

F11 Word in s. 36(5) inserted (W.) (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(d)

F12 S. 36(5)(h) inserted (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(e)

F13 S. 36(5A) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(4); S.I. 2014/889, art. 7(a)

F14 S. 36(6) substituted (W.) (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(f)

F15 Words in s. 36(6) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(5); S.I. 2014/889, art. 7(a)

F16 Words in s. 36(6) substituted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 197

F17 Words in s. 36(7) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(6)(a); S.I. 2014/889, art. 7(a)

F18 Words in s. 36(7) inserted (W.) (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(g)(i)

F19 Words in s. 36(7)(a) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(6)(b); S.I. 2014/889, art. 7(a)

F20 S. 36(7)(aa) inserted (W.) (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(g)(ii)

F21 Words in s. 36(9)(a) substituted (1.9.2005 for E. and otherwise prosp.) by Education Act 2005 (c. 18), ss. 61, 125, Sch. 9 para. 30; S.I. 2005/2034, art. 4

F22 S. 36(9)(aa) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(7); S.I. 2014/889, art. 7(a)

F23 S. 36(9)(b) substituted (W.) (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(h)

F24 S. 36(9)(c) omitted (W.) (1.9.2021) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(i)