3

A person (P) is not a qualifying young person by virtue of paragraph (2)(a)(ii) unless either—

a

P was receiving the education referred to in that paragraph as a child, or

b

P begins to receive that education after attaining the age of sixteen where—

i

P has received a statement of special educational needs; and

ii

the local authority has assessed the programme of home education as being suitable for P’s special needs.

5

In this regulation “a statement of special educational needs” means a statement, plan or assessment made by a local authority, which identifies and assesses the special educational needs of a person and specifies the special educational provision required by that person.