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• 14 Feb 2022

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  No. Higher education courses do not fall within the CFA2014 regime: CFA2014 s83(4). However, just because a course is provided by an institution in the higher education sector does not mean it is a course of higher education for the purpose of CFA2014 s83(4): Gloucestershire CC v EH (SEN) [2017] UKUT 0085 (AAC) #43, RB Kensington and Chelsea v GG (SEN) [2017] UKUT 141 (AAC) #5. 

  But note also the definition of “post-16 institution in CFA2014 s83(4) (as amended in 2019, as seen in the square brackets here): 

  “post-16 institution” means an institution which— (a) provides education or training for those over compulsory school age, but (b) is not a school or other institution which is within the higher education sector [and which is solely or principally concerned with the provision of] higher education;” 

  In other words, an institution in the HE sector is only a post-16 institution for our purposes if it is not principally concerned with higher education. 

  Go to Glossary

  

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

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