Section 19 provision and delivery of section F of Plan in accordance with S.42 CAFA
Does Education Act 1996 S19 elements 1 and 3 AA over rule Children and families Act 2014 Section 42?
And when considering that question if it is the Education Act 1996 S19 takes precedence what evidence would we need to be able to defend this? If it is C&FA 2014 section 42 how do we put the provision into place for the child when they are deemed medically unfit to attend school?
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Hi Sarah, I don't think it is a question of one 'overruling' the other. I think the best way of summarising their twin effect in practice is that where a child is not well enough to attend the school named in their EHC plan, then the LA has got to provide as suitable an education as possible in the circumstances, which will include the child's state of health, their ability to be educated and learn, and what the parents want/don't want. The EHCP will set out what should be happening and should be the starting point when putting in place alternative provision, i.e. it should be kept to as closely as possible but there may be elements of it which it is obvious cannot be provided (either exactly as stipulated or at at all) due to the child's ill-health. There may well also be a degree of uncertainty about their health and timing (how ill are they, how long will the illness last?) which will also affect things in practice. At one end of the scale the LA may not need to do anything because the school can send work home and everyone is happy with that; at the other end of the scale there may need to be an emergency annual review and for the EHCP to be amended.