Question to the Department for Education:

To ask the Secretary of State for Education, whether her Department has taken legal advice on whether local authorities are entitled to opt out of SEND placements under EU procurement directives and regulations.

Local authorities are responsible for ensuring their own compliance with procurement rules and all other relevant legislation.

I have recently sought legal advice on the relationship and interaction between the duties on local authorities in respect of the placement of children and young people with SEN in specialist educational institutions and local authority obligations to tender for services under the public procurement regime. In the light of the legal advice I receive, we will communicate with local authorities in the spring so they are clear on the position.