The Education (Assisted Places) Regulations 1997

References to parents

3.—(1) Subject to paragraphs (3) and (4) and except where the context otherwise requires, any reference in these Regulations to the parents of an assisted pupil is a reference to—

(a) the pupil’s father and mother where—

(i) they live together as husband and wife (whether or not they are married to each other), and

(ii) the pupil normally resides with both of them in the same household; or

(b) where sub-paragraph (a) above does not apply, the parent, being either the father or mother of the pupil, with whom the pupil normally resides and the spouse (if any) of that parent where the spouse normally resides with that parent and the pupil in the same household;

(c) where neither sub-paragraph (a) nor (b) above applies, the pupil’s guardian appointed in accordance with section 5 of the Children Act 1989(1) (or any earlier enactment) and the spouse (if any) of that guardian where the spouse normally resides with that guardian and the pupil in the same household; or

(d) where none of sub-paragraphs (a), (b) and (c) above applies, the person with whom the pupil resides in accordance with either—

(i) a subsisting residence order made under section 8 of the Children Act 1989; or

(ii) any subsisting court order (other than a residence order) which specifies who is to have actual custody or care and control of the pupil,

and the spouse (if any) of that person where the spouse normally resides with that person and the pupil in the same household; or

(e) where none of sub-paragraphs (a) to (d) above applies and where the pupil is not looked after by a local authority for the purposes of section 22(1) of the Children Act 1989, the person with whom the pupil normally resides in accordance with any informal care or fostering arrangement, and that person’s spouse (if any) where the spouse normally resides with that person and the pupil in the same household.

(2) Where an assisted pupil—

(a) either has no parents as defined in paragraph (1) or the school is satisfied that no such parents can be found, and

(b) is either looked after by a local authority or provided with accommodation within the meaning of section 105(1) of the Children Act 1989,

he shall be treated as a pupil whose parents have no income for the purposes of these Regulations, and any reference to his parents shall be construed as a reference to the authority or organisation which looks after him or provides him with accommodation.

(3) Where an assisted pupil has been adopted pursuant to an order of a court of competent jurisdiction, references in paragraph (1)(a) and (b) to “father” and “mother” shall be construed as references to the adoptive parents of the pupil and not his natural parents.

(1)

1989 c. 41.