Q:

02.02 Are all children with SEN educated in a school?

Noddy 'no-nonsense' Guide

Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022

A: SenseCheck

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  • 14 Feb 2022
  • No

    Simple

    No. EA1996 s7 places a duty on parents to secure suitable full-time education for their child. They can do that either by home educating their child, or by taking advantage of the educational provision offered by the State. The latter can be in the form of school places or by non-school provision. CFA2014 specifies what the State (primarily in the form of the LA) must can and offer. 

    In that regard, an LA can only offer to arrange for SEP to be delivered “otherwise than in a school” (such as through a home-based package) if it is satisfied that would be inappropriate for the provision to be made in a school: CFA2014 s61. More: Can parents/young person ask for a home programmes or placements out of school?

    Overall a child need not be educated in a school if (1) their parent has chosen to provide their education, or (2) if the LA considers it would not be appropriate for them to be educated in a school. 

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    Noddy 'no-nonsense' Guide

    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister