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• 14 Feb 2022

• Yes

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  Yes. Provided that more than a negligible part of the child’s education could be provided in a mainstream school CFA2014 s33 can be in play such that, if parents want a mainstream placement then there is a duty to provide it unless it would be incompatible with the efficient education of other children. Pursuant to CFA2014 s61, where it is not appropriate to make all of that provision at school, the rest can then be made (as here) out of school: MS v Brent [2011] UKUT 50 (AAC) #21.

  More: But surely the LA/FTT can ask whether the mainstream placement is suitable/appropriate?

  

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

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