Commentary on Sections Academies: other provisions Section 61: charges at boarding Academies
294.Section 61 inserts a new section 10A into AA 2010. Section 10A is based closely on section 458 of EA 1996. Subsections (2) to (5) of section 458 provide that, in certain circumstances, registered pupils boarding at maintained schools have the right to have their boarding fees remitted by the local authority for the area in which they would ordinarily reside were they not at boarding school.
295.New section 10A is intended to give the same right to registered pupils boarding at Academies. However, this section does not replicate section 458(1) of EA 1996, which allows local authorities to charge boarding fees, as proprietors of boarding Academies would already be allowed to charge boarding fees under the terms of their funding agreement with the Secretary of State made under section 1 of AA 2010.
296.The fee remission works on the same basis as in section 458 of EA 1996. The section requires a pupil’s home local authority to pay the pupil’s boarding fees where either one of the conditions set out at subsections (2) or (3) applies. These conditions are not connected or dependent on each other. The conditions are:
	Condition A - where the only suitable place for the pupil to receive education is at the boarding school, taking into account the pupil’s age, ability, aptitude and any special educational needs;
	Condition B - where payment of the full boarding fee would cause financial hardship to the pupil’s parent.
297.Where Condition A applies, the local authority must pay to the Academy proprietor the whole of the boarding fee. Where Condition B applies, the local authority is required to pay to the Academy proprietor such part of the boarding fee as is necessary to prevent the financial hardship.
298.Subsection (6) prevents the proprietor of an Academy from charging a parent for boarding fees that have been paid to the proprietor by the local authority under this section.