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• 14 Feb 2022

• Yes

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  Yes. EA1996 s517 states where a child is placed at a non-maintained school, the placing LA shall:

  “(1)…(b) if board and lodging are provided for the pupil at the school and subsection (5) applies, pay the whole of the fees payable in respect of the board and lodging.

  (5) This subsection applies where the authority are satisfied that education suitable

  (a) to the pupil’s age, ability and aptitude, and

  (b) to any special educational needs he may have,

  cannot be provided by them for him at any school unless board and lodging are also provided for him (either at school or elsewhere).”

  The LA is only required to pay for accommodation where it is provided “at the school” and not, for example, a children’s home nearby the school: JC v LB Bromley (SEN) [2016] UKUT 388 (AAC) #7. 

  Go to Glossary

  

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

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