Commentary on Sections Part 6 Supplementary Section 67 - Local authorities’ duty to facilitate the performance of functions
153.This section requires a local authority to exercise its functions in a way that supports the persons listed in subsection (2) in performing the functions conferred on them by or under Parts 2 to 4 of the Act. In the case of a maintained school, maintained nursery school, PRU or FNNE, the persons listed in subsection (2) are defined by reference to whether the school or PRU is maintained by the local authority, or the FNNE secured by it.
154.The section also imposes a further duty on a local authority that applies where the authority makes arrangements for a child to be provided with EOTAS, but not at a maintained school, or a maintained nursery school, or a PRU, that is maintained by the authority. The duty requires the local authority to exercise its functions in a way that supports the persons listed in subsection (5) in performing their functions conferred by or under Parts 2 to 4. This further duty reflects the fact that EOTAS may not be provided at a maintained school or PRU at all, or may be provided at a maintained school or PRU maintained by another local authority.