Nationality, Immigration and Asylum Act 2002

Nationality, Immigration and Asylum Act 2002

2002 CHAPTER 41

Commentary on Sections

Part 2: Accommodation Centres

General

Section 37: Education: special cases

113. This Section makes provision for a LEA to provide education for a child resident in an accommodation centre in certain circumstances.

114. Section 37(1) provides that this section applies if a person who provides education to residents of accommodation centres recommends in writing to the local education authority for the area in which the centre is located that this section should apply to a particular child.

115. Section 37(2) provides that a LEA may arrange for the provision of education for a child to whom this section applies and disapply a provision of section 36 in respect of that child.

116. Section 37(4) requires the governing body of a maintained school to comply with a requirement of the LEA to admit a child to whom this section applies to the school. The duty imposed on the governing body of a maintained school is qualified by section 37(5) which provides that subsection (4) shall not apply where compliance with such a requirement would prejudice measures taken for the purpose of complying with a duty to comply with the limit on infant class sizes.

117. Section 37(6) requires the LEA to consult in accordance with regulations before imposing a requirement under subsection (4) for a school’s governing body to admit a pupil.