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• 29 Mar 2023

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  No. The LA has a duty to make arrangements for the provision of suitable education at school or otherwise than at school for children of compulsory school age who by reason of illness, exclusion from school or otherwise, may not receive suitable education unless such arrangements are made for them: EA1996 s19. This incorporates a discretion for the LA as to what is suitable education.

  This is a different duty to the duty to secure SEP in an EHCP under CFA2014 s42. However, where a child has an EHC Plan but is unable to attend the named placement the LA duties under both EA1996 s19 and CFA2014 s42 are likely to be engaged.

  

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

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