297.This section requires that the governing bodies, proprietors or management committees of those institutions listed in subsection (1) use their best endeavours to secure that the special educational provision that is called for by a pupil or student’s special educational needs is made.
298.The section replaces, in England, and expands the remit of section 317(1)(a) of the Education Act 1996. Section 317 applied to the governing bodies of community, foundation or voluntary schools or maintained nursery schools. The new section takes account of the age remit of the new special educational needs provisions and the expansion in the number of Academies by applying the duty to further education institutions, Academy schools and 16 to 19 Academies. The new section also applies to pupil referral units.