The Inter-authority Recoupment (England) (Amendment) Regulations 2026

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations amend the Inter-authority Recoupment (England) Regulations 2013 ( S.I. 2013/492 ) (“ the 2013 Regulations ”), which make provision for recoupment of costs between local authorities where a person belonging to the area of one authority (“ the home authority ”) in England is educated by another authority (“ the providing authority ”) in England or Wales.

Regulation 2(2) amends regulation 1 of the 2013 Regulations to provide that regulation 5 of the 2013 Regulations now applies to education provided during the period beginning with 1st April 2013 and ending immediately before 1st September 2026 and new regulation 5A applies to education provided on or after 1st September 2026.

Regulation 2(3) omits the definition of “special school” from regulation 3. Schools in England and Wales are “special schools” if they meet the requirements of section 337(1) or (2) respectively of the Education Act 1996.

Regulation 2(4) amends the heading of regulation 5 to make it clear that it now applies to education provided during the period beginning with 1st April 2013 and ending immediately before 1st September 2026.

Regulation 2(5) inserts new regulation 5A into the 2013 Regulations, which applies to education provided on or after 1st September 2026 for a looked after child for whom an EHC plan is maintained or who attends a special school. Regulation 5A provides that, where a providing authority in England makes provision for such education for a looked after child who belongs to the area of a home authority in England, the home authority must pay such amount to the providing authority as the home authority and the providing authority agree. Where no such agreement is reached within 6 months of the providing authority submitting its claim for payment to the home authority under regulation 10 of the 2013 Regulations, the home authority must pay to the providing authority an amount equal to all expenditure incurred by the providing authority making provision for the education of the looked after child during the period to which the claim for payment relates, including home to school transport costs, but excluding any amount received by the providing authority in respect of the looked after child through the Dedicated Schools Grant for that period.

Regulation 2(6) amends regulation 8 of the 2013 Regulations, so that it does not apply to education to which new regulation 5A, as well as regulations 4 and 5, of the 2013 Regulations apply.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen.