Sort

• 24 Feb 2025

• No

  Complex

  No. A virtual education provider can be a school in which case the provision made there will not be EOTAS. More: 09.0454 Can a virtual education provider 09.0456be a “school”? / 09.0455 Should a virtual education provider be specified in Section I?

  But, if for some reason the particular provider does not meet the requirements of EA1996 s4 (or if Noddy is wrong on the application of s4 to virtual providers) then CFA2014 s61 could stand in the way of it being specified in an EHCP. That is because it creates a specific presumption in favour of education in schools (see above) which would then operate as a presumption against a virtual provider which was not a school. In other words, the LA or FTT could (in that event) only specify such provision if satisfied that placement in a school was inappropriate.

  

  Noddy No-nonsense Guide
  Authors: David Wolfe KC, Leon Glenister

0 This is helpful

|

Comment

Post