Education Act 1996

Chapter IIE+W Schools providing for special educational needs

[F1InterpretationE+W

Textual Amendments

F1 Ss. 337, 337A and cross-heading substituted for s. 337 and cross-heading (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 142(1), 173(4); S.I. 2010/1093, art. 2(a)

337Special schoolsE+W

A school is a special school if—

(a)it is specially organised to make special educational provision for pupils with special educational needs, and

(b)in the case of a school that is not maintained by a [F2local authority] , it is approved under section 342 [F3or is an [F4Academy school ]] .

Textual Amendments

F3Words in s. 337(b) inserted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 2; S.I. 2010/1937, art. 2, Sch. 1

F4Words in s. 337(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(6); S.I. 2012/924, art. 2

337AInterpretation of ChapterE+W

In this Chapter—

  • “a non-maintained special school” means a school that is approved under section 342;

  • “the appropriate national authority” means—

    (a)

    in relation to a school in England, the Secretary of State;

    (b)

    in relation to a school in Wales, the Welsh Ministers.]

Establishment etc. of special schoolsE+W

F5338. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F5S. 338 omitted (1.4.1999) by virtue of 1998 c. 31, s. 140(1), Sch. 30 para. 81 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; ss. 338-341 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 81, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F6339. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F6S. 339 repealed (1.4.1999 so far as relating to the omission of s. 339(2) and certain words in s. 339(4)(a) and 1.9.1999 otherwise) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 81, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1

F7340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F7S. 340 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.81, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/704, regs. 7, 8, 14(2)(g)); S.I. 1999/2323, art. 2(1), Sch. 1

F8341. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F9Approval of non-maintained special schools]E+W

Textual Amendments

F9S. 342 and crossheading substituted for s. 342 (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 82 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

X1[F10342 Approval of non-maintained special schools.E+W

(1)The [F11appropriate national authority] may approve under this section any school which—

(a)is specially organised to make special educational provision for pupils with special educational needs, and

(b)is not a community or foundation special school,

and may give F12... approval before or after the school is established.

(2)Regulations may make provision as to the requirements which are to be complied with as a condition of approval under subsection (1) above.

(3)Any school which was a special school immediately before 1st April 1994 shall be treated, subject to subsection (4) below, as approved under this section.

(4)Regulations may make provision as to—

(a)the requirements which are to be complied with by a school while approved under this section, and

(b)the withdrawal of approval from a school (including approval treated as given under subsection (3)) at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.

(5)Without prejudice to the generality of subsections (2) and (4), the requirements which may be imposed by the regulations include requirements—

(a)which call for arrangements to be approved by the [F13appropriate national authority] , or

(b)as to the organisation of any special school as a primary school or as a secondary school.

[F14(5A)Regulations shall make provision for securing that, so far as practicable, every pupil attending a school in England that is approved under this section—

(a)receives religious education unless withdrawn from receiving such education in accordance with the wishes of the pupil's parent, and

(b)attends religious worship unless withdrawn from attendance at such worship—

(i)in the case of a sixth-form pupil, in accordance with the pupil's own wishes, and

(ii)in any other case, in accordance with the wishes of the pupil's parent.

(5B)In subsection (5A) “a sixth-form pupil” means a pupil who—

(a)has ceased to be of compulsory school age, and

(b)is receiving education suitable to the requirements of pupils over compulsory school age.]

(6)Regulations shall make provision for securing that, so far as practicable, every pupil attending a [F15school in Wales that is] approved under this section—

(a)receives religious education and attends religious worship, or

(b)is withdrawn from receiving such education or from attendance at such worship in accordance with the wishes of his parent.]

Editorial Information

X1S. 342: With effect from 1.9.1999 s. 342 became subsumed by new cross-heading "Approval of non-maintained special schools". Versions of this provision as it stood at any time before that date cannot be accessed directly by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 1.9.1999 or navigate via the Chapter II heading.

Textual Amendments

F10S. 342 and cross-heading substituted for s. 342 (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 82 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F13Words in s. 342(5)(a) substituted (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 142(4), 173(4); S.I. 2010/1093, art. 2(a)

F15Words in s. 342(6) substituted (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 143(3), 173(4); S.I. 2010/1093, art. 2(a)

[F16Non-maintained special schools in England: protection of pupils in an emergencyE+W

Textual Amendments

F16S. 342A and cross-heading inserted (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 144, 173(4); S.I. 2010/1093, art. 2(a)

342AApplication to justice of the peace: power to make regulationsE+W

(1)Regulations may make provision conferring power on a justice of the peace, on the application of the Secretary of State, to make an order in an urgent case that a non-maintained special school in England should cease to be approved under section 342.

(2)Regulations under this section may in particular make provision corresponding, with or without modifications, to that made in—

(a)section 120(2) to (7) of the Education and Skills Act 2008 (emergency orders in relation to registered independent educational institutions), or

(b)section 122 of that Act (notification).]

[F17Non-maintained special schools in England: appealsE+W

Textual Amendments

F17Ss. 342B, 342C and cross-heading inserted (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 145, 173(4); S.I. 2010/1093, art. 2(a)

342BAppeal against decision of Secretary of StateE+W

(1)Regulations may make provision for an appeal against a decision of the Secretary of State—

(a)to withdraw approval from a non-maintained special school in England by virtue of section 342(4)(b) (failure to comply with prescribed requirement) otherwise than at the request of the proprietor;

(b)not to approve, not to approve a change to, or to withdraw approval from, relevant arrangements in relation to such a school.

(2)In subsection (1)(b) “relevant arrangements” means arrangements that require the approval of the Secretary of State by virtue of section 342(5)(a).

(3)Regulations under this section must provide that an appeal brought by virtue of this section—

(a)lies to the First-tier Tribunal, and

(b)must be brought by the proprietor of the school in question.

(4)The regulations may in particular make provision, in the case of an appeal brought by virtue of subsection (1)(a), prohibiting the Secretary of State from acting on a decision to withdraw approval during the period in which—

(a)an appeal against the decision could be brought, or

(b)where an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.

342CAppeal against order of justice of peaceE+W

(1)Regulations may make provision for an appeal against the making of an order by virtue of section 342A (order by justice of peace in an emergency).

(2)The regulations must provide that an appeal brought by virtue of this section—

(a)lies to the First-tier Tribunal, and

(b)must be brought by the proprietor of the school in question.]

X2F18343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Editorial Information

X2S. 343: With effect from 1.9.1999, a new cross-heading "Approval of non-maintained special schools" was inserted before s. 342. Versions ofs. 343 as it stood at any time before that date cannot now be accessed directly by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 1.9.1999 or navigate via the Chapter II heading.

Textual Amendments

Government etc. of special schoolsE+W

F19344. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F19S. 344 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 83, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/2323, art. 5, Sch. 7 paras. 2, 10); S.I. 1999/2323, art, 2(1), Sch. 1

Maintained special school becoming grant-maintainedE+W

F20345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Grouping of grant-maintained special schoolsE+W

F21346. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Independent schools providing special educationE+W

347 Approval of independent schools.E+W

(1)[F22The Welsh Ministers] may approve an independent school [F23 in Wales] as suitable for the admission of children for whom statements are maintained under section 324.

(2)Regulations may make provision as to—

(a)the requirements which are to be complied with by a school as a condition of its approval under this section,

(b)the requirements which are to be complied with by a school while an approval under this section is in force in respect of it, and

(c)the withdrawal of approval from a school at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.

(3)An approval under this section may be given subject to such conditions (in addition to those prescribed) as [F24the Welsh Ministers see] fit to impose.

(4)In any case where there is a failure to comply with such a condition imposed under subsection (3), [F25the Welsh Ministers may withdraw their] approval.

(5)No person shall so exercise his functions under this Part that [F26a relevant child] is educated in an independent school unless—

(a)the school is for the time being approved by [F27the Welsh Ministers] as suitable for the admission of children for whom statements are maintained under section 324, or

(b)[F28the Welsh Ministers are] satisfied that there is a place available for the child at the school and [F29consent] to the child being educated there.

[F30(5ZA)In subsection (5) “a relevant child” means a child with special educational needs—

(a)for whom a [F2local authority] in Wales maintain a statement under section 324, or

(b)for whom no [F2local authority] maintain such a statement and who is in the area of a [F2local authority] in Wales.]

[F31(5A)[F32Subsection (5)] does not apply to a [F2local authority] [F33 in Wales] deciding, for the purposes of section 324(5), whether a parent has made suitable arrangements.]

Textual Amendments

F22Words in s. 347(1) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(2)(a), 173(4); S.I. 2009/1513, art. 3

F24Words in s. 347(3) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(3), 173(4); S.I. 2009/1513, art. 3

F25Words in s. 347(4) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(4), 173(4); S.I. 2009/1513, art. 3

F26Words in s. 347(5) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(5)(a), 173(4); S.I. 2009/1513, art. 3

F27Words in s. 347(5)(a) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(5)(b), 173(4); S.I. 2009/1513, art. 3

F28Words in s. 347(5)(b) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(5)(c), 173(4); S.I. 2009/1513, art. 3

F29Word in s. 347(5)(b) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(5)(c), 173(4); S.I. 2009/1513, art. 3

F31S. 347(5A) inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 12 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F32Words in s. 347(5A) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(7)(a), 173(4); S.I. 2009/1513, art. 3

Modifications etc. (not altering text)

348 Provision of special education at non-maintained schools.E+W

(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, 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 [F2local 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.

F34[(3)In this section “maintained school” means a school maintained by a [F2local authority].]

Textual Amendments

F34S. 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))

Variation of deedsE+W

349 Variation of trust deeds etc. by order.E+W

(1)[F35The appropriate national authority] may by order make such modifications of any trust deed or other instrument relating to a school as, after consultation with the governing body or other proprietor of the school, appear to [F36it] to be necessary to enable the governing body or proprietor to meet any requirement imposed by [F37— (a)] regulations under section 342 F38.... [F37, or

“(b)Academy arrangements.”]

[F39(1A)The Welsh Ministers may by order make such modifications of any trust deed or other instrument relating to a school in Wales as, after consultation with the governing body or other proprietor of the school, appear to them to be necessary to enable the governing body or proprietor to meet any requirement imposed by regulations under section 347.]

(2)Any modification made by an order under this section may be made to have permanent effect or to have effect for such period as may be specified in the order.

Textual Amendments

F35Words in s. 349(1) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 147(2)(a), 173(4); S.I. 2009/1513, art. 3

F37Words in s. 349(1) inserted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 3; S.I. 2010/1937, art. 2, Sch. 1