C1 Part V Nursery education

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5: Power to apply (with modifications) conferred (19.12.2002) by Education Act 2002 (c. 32), ss. 193(5), 216, (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1

Further provisions relating to nursery education

123 Children with special educational needs.

1

It shall be the duty of—

a

any F6local authorityF17in England or other person providing F2 relevant early years education, and

b

any person employed by such an authority or other person, or otherwise engaged to provide his services, in the provision of such education,

F7to have regard to the provisions of the code of practice issued under section 77 of the Children and Families Act 2014 (in the case of education in England) F16....

F81A

Subsection (1) does not apply in so far as the person in question is already under a duty to have regard to the provisions of the code of practice in question.

2

F9The code of practice in question may include practical guidance in respect of the provision of F3relevant early years education for children with special educational needs in circumstances where functions under F10Part 3 of the Children and Families Act 2014 F18... do not fall to be discharged.

3

But unless F11the code of practice in question includes provision made by virtue of subsection (2)—

a

the Secretary of State shall publish a document explaining how the practical guidance contained in that code applies in circumstances where functions under F12Part 3 of the Children and Families Act 2014F19... 1996 do not fall to be discharged, and

b

the duty imposed by subsection (1) includes a duty to have regard to the provisions of that document.

F13A

Subsection (3B) applies if—

a

a F6local authority or other person providing F4relevant early years education for a child makes special educational provision for him because it is considered that he has special educational needs;

b

no F13EHC plan F20... 1996 is maintained for the child; and

c

his parent has not previously been informed under subsection (3B) of the special educational provision made for him.

3B

The F6local authority or other person concerned must inform the child’s parent that special educational provision is being made for him because it is considered that he has special educational needs.

F54

In this section “relevant early years education” means—

a

in relation to England, early years provision as defined by section 20 of the Childcare Act 2006 which is—

F14i

provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision); F15or

ii

provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision);

F21b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

124 Travel arrangements for children receiving nursery education otherwise than at school.

After section 509 of the M1Education Act 1996 there shall be inserted—

509A Travel arrangements for children receiving nursery education otherwise than at school.

1

A local education authority may provide a child with assistance under this section if they are satisfied that, without such assistance, he would be prevented from attending at any premises—

a

which are not a school or part of a school, but

b

at which relevant nursery education is provided,

for the purpose of receiving such education there.

2

The assistance which may be provided for a child under this section consists of either—

a

making arrangements (whether for the provision of transport or otherwise) for the purpose of facilitating the child’s attendance at the premises concerned, or

b

paying the whole or any part of his reasonable travel expenses.

3

When considering whether to provide a child with assistance under this section in connection with his attendance at any premises, a local education authority may have regard (among other things) to whether it would be reasonable to expect alternative arrangements to be made for him to receive relevant nursery education at any other premises (whether nearer to his home or otherwise).

4

Where the assistance to be provided for a child under this section consists of making arrangements for the provision of transport, the authority may, if they consider it appropriate to do so, determine that the assistance shall not be so provided unless—

a

the child’s parent, or

b

the person providing the relevant nursery education concerned,

agrees to make to the authority such payments in respect of the provision of the transport (not exceeding the cost to the authority of its provision) as they may determine.

5

In this section “relevant nursery education” means nursery education which is provided—

a

by a local education authority, or

b

by any other person—

i

who is in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a) of the School Standards and Framework Act 1998, or

ii

who is in receipt of grants under section 1 of the M2Nursery Education and Grant-Maintained Schools Act 1996.