Q:
09.10 Should placement in a unit or special resource base within in a school be considered provision in section 2B or a place in section 2D?
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 01 Nov 2024
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Other
Complex
Can't answer yes or no.:
Placement within a unit or specialist resource base within a school will generally amount to provision that should be set out in section 2B and not in 2D, but not always.
If the base or unit is a school/institution in its own right, it will be named in section 2D instead. Whether this is the case is a question of fact considering the factors listed in TB v Essex CC [2013] UKUT 534 (AAC)para 34, and MA v Kensington and Chelsea [2015] UKUT 186 (AAC) para 28 and any other relevant factors. This may for example arise where the unit is on land of a particular school but is run in partnership with several schools and has its own management structure and chain of command.
Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
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