PART 3Children and young people in England with special educational needs or disabilities
Special educational provision: functions of local authorities
61Special educational provision otherwise than in schools, post-16 institutions etc
(1)
A local authority in England may arrange for any special educational provision that it has decided is necessary for a child or young person for whom it is responsible to be made otherwise than in a school or post-16 institution or a place at which relevant early years education is provided.
(2)
An authority may do so only if satisfied that it would be inappropriate for the provision to be made in a school or post-16 institution or at such a place.
(3)
Before doing so, the authority must consult the child’s parent or the young person.