Part I General

Chapter I The statutory system of education

General

1 The stages of education._cross-notes

(1)The statutory system of public education consists of three progressive stages: primary education, secondary education and further education.

(2)This Part—

(a)^F2confers functions on the Secretary of State and [^F1local authorities^F1] with respect to primary, secondary and further education; . . .

^F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)^M1Part I of the Further and Higher Education Act 1992[^F3makes provision with respect to further education.^F3] .

(4)Apart from section 10 (general duty of Secretary of State), nothing in this Act confers any functions with respect to higher education.

2 Definition of primary, secondary and further education.

[^F4(1)In this Act “primary education” means—

(a)full-time or part-time education suitable to the requirements of children who have attained the age of two but are under compulsory school age;

(b)full-time education suitable to the requirements of junior pupils of compulsory school age who have not attained the age of 10 years and six months; and

(c)full-time education suitable to the requirements of junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with junior pupils within paragraph (b).^F4]

(2)In this Act “secondary education” means—

(a)full-time education suitable to the requirements of pupils of compulsory school age who are either—

(i)senior pupils, or

(ii)junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with senior pupils of compulsory school age; and

(b)(subject to subsection (5)) full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19 which is provided at a school at which education within paragraph (a) is also provided.

[^F5(2A)Education is also secondary education for the purposes of this Act (subject to subsection (5)) if it is provided by an institution which—

(a)is maintained by a [^F6local authority^F6][^F7or is an Academy^F7], and

(b)is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19.

(2B)Where—

(a)a person is in full-time education,

(b)he receives his education partly at a school and, by virtue of arrangements made by the school, partly at another institution [^F8or any other establishment^F8], and

(c)the education which he receives at the school would be secondary education if it was full-time education at the school,

the person’s education, both at the school and at the other institution [^F9or establishment^F9], is secondary education for the purposes of this Act (subject to subsection (5)).^F5]

(3)Subject to subsection (5), in this Act “further education” means—

(a)full-time and part-time education suitable to the requirements of persons who are over compulsory school age [^F10(including vocational, social, physical and recreational training)^F10] , and

(b)organised leisure-time occupation provided in connection with the provision of such education,

except that it does not include secondary education or (in accordance with subsection (7)) higher education.

(4)Accordingly, unless it is education within subsection (2)(b) [^F11or (2A)^F11] , full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19 is further education for the purposes of this Act and not secondary education.

(5)For the purposes of this Act education provided for persons who have attained the age of 19 is further education not secondary education; but where a person—

(a)has begun a particular course of secondary education before attaining the age of 18, and

(b)continues to attend that course,

the education does not cease to be secondary education by reason of his having attained the age of 19.

(6)In subsection (3)(b) “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreative activities as are suited to their requirements, for any persons over compulsory school age who are able and willing to profit by facilities provided for that purpose.

[^F12(6A)In the context of the definitions of secondary education and further education, references in this section to education include vocational, social, physical and recreational training.^F12]

(7)References in this section to education do not include references to higher education.

3 Definition of pupil etc._cross-notes

(1)In this Act “pupil” means a person for whom education is being provided at a school, other than—

(a)a person who has attained the age of 19 for whom further education is being provided, or

(b)a person for whom part-time education suitable to the requirements of persons of any age over compulsory school age is being provided.

[^F13and references to pupils in the context of the admission of pupils to, or the exclusion of pupils from, a school are references to persons who following their admission will be, or (as the case may be) before their exclusion were, pupils as defined by this subsection.^F13]

[^F14(1A)A person is not for the purposes of this Act to be treated as a pupil at a school merely because any education is provided for him at the school in the exercise of the powers conferred by section 27 of the Education Act 2002 (power of governing body of maintained school to provide community facilities etc.).^F14]

(2)In this Act—

• “junior pupil” means a child who has not attained the age of 12; and

• “senior pupil” means a person who has attained the age of 12 but not the age of 19.

(3)The definition of “pupil” in [^F15subsections (1) and (1A) also apply^F15] (unless the context otherwise requires) for the purposes of any instrument made or having effect as if made under the Education Acts.

Educational institutions

4 Schools: general._cross-notes

[^F16(1)In this Act [^F17(subject to [^F18subsections (1A) to (1C)^F18])^F17] “school” means an educational institution which is outside the further education sector and the [^F19wider^F19]higher education sector and is an institution for providing—

(a)primary education,

(b)secondary education, or

(c)both primary and secondary education,

whether or not the institution also provides [^F20part-time education suitable to the requirements of junior pupils or^F20]further education.^F16]

[^F21(1A)An institution which—

(a)provides only early years provision (as defined by section 96(2) of the Childcare Act 2006), and

(b)is not a maintained nursery school,

is not a school.^F21]

[^F22(1B)A 16 to 19 Academy is not a school.

(1C)An alternative provision Academy is a school.^F22]

(2)^F24[^F23Nothing in subsection (1) shall be taken to preclude the making of arrangements under section 19(1) (exceptional educational provision) under which part-time education is to be provided at a school; and for^F23] the purposes of this Act an educational institution that would fall within subsection (1) but for the fact that it provides part-time rather than full-time education shall nevertheless be treated as a school if that part-time education is provided under arrangements made under section 19(1) . . ..

(3)For the purposes of this Act an institution is outside the further education sector if it is not—

(a)^M2an institution conducted by a further education corporation established under section 15 or 16 of the Further and Higher Education Act 1992, or

(b)a designated institution for the purposes of Part I of that Act (defined in section 28(4) of that Act ) [^F25, or

(c)a sixth form college^F25]

and references to institutions within that sector shall be construed accordingly.

[^F26(4)For the purposes of this Act an institution is outside the wider higher education sector if —

(a)in relation to England, it is not a registeredhigher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, or

(b)in relation to Wales, it is not an institution within the higher education sector within the meaning given by section 91(5) of the Further and Higher Education Act 1992;

and references to institutions within the wider higher education sector are to be construed accordingly.^F26]

5 Primary schools, secondary schools and middle schools.

(1)In this Act “primary school” means (subject to regulations under subsection (4)) a school for providing primary education, whether or not it also provides [^F27part-time education suitable to the requirements of junior pupils or^F27]further education.

(2)In this Act “secondary school” means (subject to regulations under subsection (4)) a school for providing secondary education, whether or not it also provides further education.

[^F28(3)In this Act “middle school” means a school which, in pursuance of proposals published under any of the enactments specified in subsection (3A), has been established as, or altered so as to become, a school for providing full-time education suitable to the requirements of pupils who—

(a)have attained a specified age below 10 years and six months, and

(b)are under a specified age above 12 years.

(3A)The enactments mentioned in subsection (3) are—

(a)in relation to England—

(i)section 28 or 28A of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998,

(ii)section 66 of, or paragraph 7 of Schedule 11 to, the Education Act 2005, and

(iii)section 7, 10, 11 or 19 of the Education and Inspections Act 2006;

(b)in relation to Wales,

[^F29(i)^F29]section 28 of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998[^F30, and

(ii)section 48, 59 or 68 of the School Standards and Organisation (Wales) Act 2013^F30,F28]]

(4)The Secretary of State shall make regulations for determining, or enabling him to determine, whether a middle school is to be treated for the purposes of this Act and the other enactments relating to education as a primary school or as a secondary school.

(5)[^F31The powers conferred by the enactments mentioned in subsection (3) (so far as relating to the establishment of middle schools) and the powers conferred by subsection^F31] (4) above are exercisable—

(a)notwithstanding anything in this Act (and in particular section 1); but

(b)without prejudice to the exercise of any other power conferred by this Act.

6^F32 Nursery schools ... .

(1)A primary school is a nursery school if it is used [^F33wholly or^F33] mainly for the purpose of providing education for children who have attained the age of two but are under [^F34compulsory school age^F34] .

^F35(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compulsory education

7 Duty of parents to secure education of children of compulsory school age.

The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable—

(a)to his age, ability and aptitude, and

(b)to any special educational needs[^F36(in the case of a child who is in the area of a local authority in England) or additional learning needs (in the case of a child who is in the area of a local authority in Wales)^F36] he may have,

either by regular attendance at school or otherwise.

8 Compulsory school age.

(1)Subsections (2) and (3) apply to determine for the purposes of any enactment whether a person is of compulsory school age.

[^F37(2)A person begins to be of compulsory school age—

(a)when he attains the age of five, if he attains that age on a prescribed day, and

(b)otherwise at the beginning of the prescribed day next following his attaining that age.^F37]

(3)A person ceases to be of compulsory school age at the end of the day which is the school leaving date for any calendar year—

(a)if he attains the age of 16 after that day but before the beginning of the school year next following,

(b)if he attains that age on that day, or

(c)(unless paragraph (a) applies) if that day is the school leaving date next following his attaining that age.

[^F38(4)The Secretary of State may by order—

(a)provide that such days in the year as are specified in the order shall be, for each calendar year, prescribed days for the purposes of subsection (2);

(b)determine the day in any calendar year which is to be the school leaving date for that year.^F38]

Education in accordance with parental wishes

9 Pupils to be educated in accordance with parents’ wishes.

In exercising or performing all their respective powers and duties under the Education Acts, the Secretary of [^F39State and [^F1local authorities^F1,F39]] shall have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure.

Chapter II Functions of the Secretary of State

10 General duty of Secretary of State._cross-notes

The Secretary of State shall promote the education of the people of England and Wales.

11 Duty in the case of primary, secondary and further education._cross-notes

(1)The Secretary of State shall exercise his powers in respect of those bodies in receipt of public funds which—

(a)carry responsibility for securing that the required provision for primary, secondary or further education is made—

(i)^F40in schools, ...

(ii)in institutions within the further education sector, [^F41or

(iii)in 16 to 19 Academies,^F41]

in or in any area of England or Wales, or

(b)conduct schools[^F42, institutions within the further education sector or 16 to 19 Academies^F42] in England and Wales,

for the purpose of promoting primary, secondary and further education in England and Wales.

(2)The Secretary of State shall, in the case of his powers to regulate the provision made in schools[^F43, institutions within the further education sector and 16 to 19 Academies^F43] in England and Wales, exercise his powers with a view to (among other things) improving standards, encouraging diversity and increasing opportunities for choice.

Chapter III[^F1local authorities^F1]

The authorities

^F4412[^F1Local authorities^F1] and their areas.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General functions

13 General responsibility for education._cross-notes

(1)A [^F6local authority^F6] shall (so far as their powers enable them to do so) contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education, [^F45and secondary education^F45][^F46and, in the case of a [^F6local authority^F6] in England, further education,^F46] are available to meet the needs of the population of their area.

(2)The duty imposed by subsection (1) does not extend to matters in respect of which any duty is imposed on—

[^F47(a)the [^F48the Secretary of State under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009^F48]^F49...^F47]

[^F50(aa)the National Assembly for Wales under Part 2 of the Learning and Skills Act 2000, or^F50]

[^F51(b)the Higher Education Funding Council for Wales, or

(c)the Office for Students.^F51]

[^F52(3)The reference in subsection (1) to further education is to further education for persons—

“(a)who are over compulsory school age but under 19, or

(b)who are aged 19 or over [^F53and for whom an EHC plan is maintained^F53].”

^F54(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F55(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)For the purposes of subsection (1), persons who are subject to a detention order are to be regarded as part of the population of the area in which they are detained (and not any other area).^F52]

[^F5613ADuty to promote high standards and fulfilment of potential_cross-notes

(1)A local education authority in England must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—

(a)promoting high standards,

(b)ensuring fair access to opportunity for education and training, and

(c)promoting the fulfilment of learning potential by every person to whom this subsection applies.

(2)Subsection (1) applies to the following—

(a)persons under the age of 20;

(b)persons aged 20 or over [^F57and for whom an EHC plan is maintained^F57].

(3)A local education authority in Wales must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—

(a)promoting high standards, and

(b)promoting the fulfilment of learning potential by every person to whom this subsection applies.

(4)Subsection (3) applies to persons under the age of 20.

(5)In this section—

• “education” and “training” have the same meanings as in section 15ZA;

• “relevant education function”, in relation to a local education authority in England, means a function relating to the provision of education for—

  (a)

  persons of compulsory school age (whether at school or otherwise);

  (b)

  persons (whether at school or otherwise) who are over compulsory school age and to whom subsection (1) applies;

  (c)

  persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;

• “relevant education function”, in relation to a local education authority in Wales, means a function relating to the provision of education for—

  (a)

  persons of compulsory school age (whether at school or otherwise);

  (b)

  persons (whether at school or otherwise) who are over compulsory school age but under the age of 20;

  (c)

  persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;

• “relevant training function” means a function relating to the provision of training.^F56]

14 Functions in respect of provision of primary and secondary schools.

(1)A [^F6local authority^F6] shall secure that sufficient schools for providing—

(a)primary education, and

(b)education that is secondary education by virtue of section 2(2)(a),

are available for their area.

(2)The schools available for an area shall not be regarded as sufficient for the purposes of subsection (1) unless they are sufficient in number, character and equipment to provide for all pupils the opportunity of appropriate education.

(3)In subsection (2) “appropriate education” means education which offers such variety of instruction and training as may be desirable in view of—

(a)the pupils’ different ages, abilities and aptitudes, and

(b)the different periods for which they may be expected to remain at school,

including practical instruction and training appropriate to their different needs.

[^F58(3A)A [^F6local authority^F6] in England shall exercise their functions under this section with a view to—

(a)securing diversity in the provision of schools, and

(b)increasing opportunities for parental choice.^F58]

(4)A [^F6local authority^F6] is not by virtue of subsection (1)(a) under any duty in respect of children under [^F59compulsory school age^F59] .

[^F60(4A)A [^F6local authority^F6] for an area in Wales may secure that regional schools for providing—

(a)primary education, and

(b)education that is secondary education by virtue of section 2(2)(a),

are available for Wales or any part of Wales that includes the area of the authority.

(4B)For this purpose a “regional school”, in relation to a [^F6local authority^F6], is a school maintained by that authority which provides education to meet both—

(a)the needs of pupils with particular [^F61special educational needs^F61][^F61additional learning needs^F61] in their area, and

(b)the needs of such pupils in the rest, or any other part, of Wales,

whether or not the institution also provides education suitable to the requirements of other pupils.^F60]

^F62(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In exercising their functions under this section, a [^F6local authority^F6] shall in particular have regard to—

(a)the need for securing that primary and secondary education are provided in separate schools;

(b)the need for securing that special educational provision is made for pupils who have special educational needs[^F63(in the case of a local authority in England) or the need for securing that additional learning provision is made for pupils who have additional learning needs (in the case of a local authority in Wales)^F63] ; and

(c)the expediency of securing the provision of boarding accommodation (in boarding schools or otherwise) for pupils for whom education as boarders is considered by their parents and the authority to be desirable.

(7)The duty imposed by subsection (6)(a) does not apply in relation to middle schools or special schools.

[^F6414ADuty of [^F6local authority^F6] to consider parental representations

(1)Where a [^F6local authority^F6] in England receive any representation from a parent of a qualifying child as to the exercise by the authority of their functions under section 14, the authority shall—

(a)consider the representation and what action (if any) to take in response to it, and

(b)within a reasonable time provide the parent with a statement setting out—

(i)any action which the authority propose to take in response to the representation, or

(ii)where the authority are of the opinion that no such action is necessary, their reasons for being of that opinion.

(2)In subsection (1) “qualifying child”, in relation to a [^F6local authority^F6], means any child in the authority's area who is of or under compulsory school age.

(3)Subsection (1) does not apply in relation to any representation which—

(a)appears to the [^F6local authority^F6] to be frivolous or vexatious, or

(b)is the same as, or similar to, a representation previously received by the authority from the same person.

(4)In exercising their functions under this section, a [^F6local authority^F6] must have regard to any guidance given from time to time by the Secretary of State.^F64]

^F6515 Functions in respect of provision of further education.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F6615ZADuty in respect of education and training for persons over compulsory school age: England_cross-notes

(1)A [^F6local authority in England must secure that enough suitable education and training is provided to meet the reasonable needs of—

(a)persons in their area who are over compulsory school age but under 19, and

(b)persons in their area who are aged 19 or over [^F67and for whom an EHC plan is maintained^F67].

(2)A [^F6local authority^F6] may comply with subsection (1) by securing the provision of education or training outside as well as within their area.

(3)In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a [^F6local authority^F6] must (in particular) have regard to—

(a)the persons' ages, abilities and aptitudes;

(b)any learning difficulties[^F68or disabilities^F68] the persons may have;

(c)the quality of the education or training;

(d)the locations and times at which the education or training is provided.

(4)In performing the duty imposed by subsection (1) a [^F6local authority^F6] must—

(a)act with a view to encouraging diversity in the education and training available to persons;

(b)act with a view to increasing opportunities for persons to exercise choice;

(c)act with a view to enabling persons to whom Part 1 of the Education and Skills Act 2008 applies to fulfil the duty imposed by section 2 of that Act;

(d)take account of education and training whose provision the authority think might reasonably be secured by other persons.

(5)A [^F6local authority^F6] must, in—

(a)making any determination as to the provision of apprenticeship training that should be secured under subsection (1), or

(b)securing the provision of any apprenticeship training under that subsection,

co-operate with [^F69the Secretary of State^F69].

(6)For the purposes of this section a person has a learning difficulty[^F70or disability^F70] if—

(a)the person has a significantly greater difficulty in learning than the majority of persons of the same age, or

(b)the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions providing education or training for persons who are over compulsory school age.

(7)But a person is not to be taken to have a learning difficulty[^F71or disability^F71] solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

(8)In this section—

• “apprenticeship training” means training provided in connection with—

  (aa)

  [^F72an approved English apprenticeship agreement (within the meaning given in section A1(3) of that Act),^F72]

  (a)

  an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009),

  (b)

  any other contract of employment, ^F73...

  (c)

  any other kind of working in relation to which alternative English completion conditions apply under section 1(5) of that Act (meaning of “completing an English apprenticeship”);

  (d)

  [^F74an alternative English apprenticeship (within the meaning given in section A1(4) of that Act);^F74]

• “education” includes full-time and part-time education;

• “training” includes—

  (a)

  full-time and part-time training;

  (b)

  vocational, social, physical and recreational training;

  (c)

  apprenticeship training.

[^F75(9)The duty in subsection (1) does not apply in relation to persons in a local authority's area who are subject to a detention order.^F75]

15ZBCo-operation in performance of section 15ZA duty_cross-notes

[^F1Local authorities^F1] in England must co-operate with each other in performing their duties under section 15ZA(1).^F6]

[^F7615ZCEncouragement of education and training for persons over compulsory school age: England_cross-notes

(1)A [^F6local authority^F6] in England must—

(a)encourage participation in education and training by persons in their area who are within section 15ZA(1)(a) or (b);

(b)encourage employers to participate in the provision of education and training for such persons.

(2)For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—

(a)an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009), ^F77...

[^F78(aa)an approved English apprenticeship agreement (within the meaning given in section A1(3) of that Act), or^F78]

(b)any other contract of employment in connection with which training is provided.

(3)In this section “education” and “training” have the same meanings as in section 15ZA.^F76]

[^F7915ZDSections 15ZA to 15ZC: duty to have regard to guidance

In performing the duties imposed by sections 15ZA(1), 15ZB and 15ZC(1)(b) (duties in relation to education and training for persons over compulsory school age), a local authority in England must have regard to any guidance issued by the Secretary of State.^F79]

[^F8115A[^F80Powers in respect of education and training^F80] for 16 to 18 year olds._cross-notes

(1)A [^F6local authority^F6][^F82in Wales^F82] may secure the provision for their area of full-time [^F83or part-time^F83] education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, including provision for persons from other areas.

[^F84(1ZA)A [^F6local authority^F6] in England may secure the provision for their area of full-time or part-time education suitable to the requirements of persons from other areas who are over compulsory school age but have not attained the age of 19.^F84]

[^F85(1A)The power under [^F86subsections (1) and (1ZA)^F86] to secure the provision of education includes power to secure the provision—

(a)of training, including vocational, social, physical and recreational training, and

(b)of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).^F85]

(2)Subsections (6) and (7) of section 14 shall apply in relation to functions under this section in respect of secondary education as they apply in relation to functions under that section.^F81]

[^F87(3)In exercising their functions under this section in respect of further education[^F88—

(a)a local authority in England must in particular have regard to the needs of persons with learning difficulties or disabilities (within the meaning of section 15ZA(6) and (7));

(b)a local authority in Wales must in particular have regard to the needs of persons with [^F89learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000)^F89][^F89additional learning needs^F89].^F88]

[^F90(3A)In exercising its functions under this section a local authority in Wales must also have regard to the Commission for Tertiary Education and Research’s strategic plan approved under section 15 of the Tertiary Education and Research (Wales) Act 2022.^F90]

(4)A [^F6local authority^F6] may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.^F87]

[^F9115B Functions in respect of education for persons over 19._cross-notes

(1)A [^F6local authority^F6] may secure the provision for their area of full-time or part-time education suitable to the requirements of persons who have attained the age of 19, including provision for persons from other areas.

(2)The power under subsection (1) to secure the provision of education includes power to secure the provision—

(a)of training, including vocational, social, physical and recreational training, and

(b)of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).

(3)In exercising their functions under this section[^F92—

(a)a local authority in England must in particular have regard to the needs of persons with learning difficulties or disabilities (within the meaning of section 15ZA(6) and (7));

(b)a local authority in Wales must in particular have regard to the needs of persons with [^F93learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000)^F93][^F93additional learning needs^F93].^F92]

[^F94(c)a local authority in Wales must also have regard to the Commission for Tertiary Education and Research’s strategic plan approved under section 15 of the Tertiary Education and Research (Wales) Act 2022.^F94]

(4)A [^F6local authority^F6] may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.

(5)This section does not apply to higher education.^F91]

Establishment etc. of schools

16 Power to establish, maintain and assist primary and secondary schools.

(1)For the purpose of fulfilling their functions under this Act, a [^F6local authority^F6] may—

(a)establish primary schools and secondary schools;

(b)maintain primary and secondary schools, whether established by them or not; and

(c)assist any primary or secondary school which is not maintained by them.

(2)A [^F6local authority^F6] may under subsection (1) establish, maintain and assistschools outside as well as inside their area.

(3)A [^F6local authority^F6] may not under subsection (1) establish a school to provide—

(a)part-time education suitable to the requirements of persons of any age over compulsory school age; or

(b)full-time education suitable to the requirements of persons who have attained the age of 19.

[^F95(3A)A local authority^F95] in England may not under subsection (1) establish a school which is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under 19.^F66]

17 Powers in respect of [^F96nursery schools^F96] ._cross-notes

(1)A [^F6local authority^F6] may—

(a)establish nursery schools;

(b)^M3maintain nursery schools established by them or by an authority which was a [^F6local authority^F6] within the meaning of any enactment repealed by the Education Act 1944 or an earlier Act; and

(c)assist any nursery school not so established.

(2)Section 14(4) does not affect a [^F6local authority^F6] ’s power under section 16(1) to establish, maintain and assistschools at which education is provided both for children under [^F97compulsory school age^F97] and for older pupils (including schools at which there are nursery classes for children under [^F97compulsory school age^F97] ).

Other arrangements for provision of education

18 Power to arrange provision of education at non-maintained schools.

A [^F6local authority^F6] may make arrangements for the provision of primary and secondary education for pupils at schools not maintained by them or another [^F6local authority^F6] .

[^F9818AProvision of education for persons subject to youth detention_cross-notes

(1)A local authority must secure that—

(a)enough suitable education is provided to meet the reasonable needs of children subject to youth detention in their area;

(b)enough suitable education and training is provided to meet the reasonable needs of persons who are—

(i)over compulsory school age but under 19, and

(ii)subject to youth detention in their area.

(2)In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a local authority[^F99in England^F99] must (in particular) have regard to—

(a)the persons' ages, abilities and aptitudes;

(b)[^F100in the case of a local authority in England,^F100] any special educational needs^F101... the persons may have;

[^F102(ba)[^F103in the case of a local authority in England,^F103] any learning difficulties or disabilities (within the meaning of section 15ZA(6) and (7)) the persons may have;

(bb)[^F104in the case of a local authority in Wales, [^F105any learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000)^F105][^F105any additional learning needs^F105] the persons may have;^F104,F102]]

(c)the desirability of enabling persons to complete programmes of study or training which they have begun;

(d)any relevant curriculum and the desirability that education received by persons subject to youth detention should be comparable with education which they could be expected to receive if they were attending a school or institution implementing a relevant curriculum;

(e)the desirability of the core entitlement being satisfied in relation to persons over compulsory school age but under 19.

(3)In subsection (2)(d), “relevant curriculum” means—

(a)[^F106in relation to a local authority in England,^F106] the National Curriculum for England established under section 87 of the Education Act 2002 as subsisting for the time being;

(b)[^F107in relation to a local authority in Wales—

(i)the National Curriculum for Wales established under section 108 of that Act as subsisting for the time being, or

(ii)any local curriculum formed by the authority under section 116A of the Education Act 2002(formation of local curricula for pupils in Key Stage 4) or for their area under section 33A of the Learning and Skills Act 2000(formation of local curricula for students aged 16 to 18).^F107]

(4)Section 17C (the core entitlement) applies for the purposes of subsection (2)(e).

[^F108(4A)In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons’ reasonable needs, a local authority in Wales must (in particular) have regard to—

(a)the persons’ ages, abilities and aptitudes;

(b)any additional learning needs the persons may have;

(c)the desirability of enabling persons to complete programmes of study or training which they have begun;

(d)the desirability that education received by young persons subject to youth detention should be comparable with education which they could be expected to receive if they were attending a school or institution implementing a relevant curriculum;

(e)the desirability that education received by children subject to youth detention should—

(i)enable them to develop in the ways described in the four purposes,

(ii)offer them appropriate progression,

(iii)be broad and balanced, so far as is appropriate for them, and

(iv)provide teaching and learning that encompasses the areas of learning and experience (including the mandatory elements within those areas) and develops the cross-curricular skills.

(4B)In subsection (4A)(d), “relevant curriculum”, in relation to a local authority in Wales, means any local curriculum formed by the authority for their area under section 33A of the Learning and Skills Act 2000(formation of local curricula for students aged 16 to 18).

(4C)In subsection (4A)(e), expressions that are defined in, or are given a meaning by, the Curriculum and Assessment (Wales) Act 2021 have the same meaning as in that Act.^F108]

(5)Any arrangements made by a local authority under subsection (1) for the provision by another person (the “learning provider”) of education or training must require the learning provider, in making any determination as to the education or training to be provided for a particular person (“P”), to have regard to any information within subsection (6).

(6)The information within this subsection is—

(a)information provided under section 562F by a local authority as to the level of P's literacy and numeracy skills;

(b)any other information provided under section 562F by P's home authority (within the meaning of Chapter 5A of Part 10) for the purpose of assisting a determination such as is mentioned in subsection (5).

(7)In performing the duty imposed by subsection (1), a local authority must have regard to any guidance issued—

(a)in the case of a local authority in England, by the Secretary of State;

(b)in the case of a local authority in Wales, by the Welsh Ministers.

(8)For the purposes of subsection (1), a person is subject to youth detention in the area of a local authority if—

(a)subject to a detention order, and

(b)detained in relevant youth accommodation in the area of the authority.^F98]

19 Exceptional provision of education in pupil referral units or elsewhere [^F109: England^F109]_cross-notes

(1)^F111Each [^F6local authority^F6][^F110in England^F110] shall make arrangements for the provision of suitable . . . education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

[^F112(1A)^F113... Subsection (1) does not apply in the case of a child—

(a)who will cease to be of compulsory school age within the next six weeks, and

(b)does not have any relevant examinations to complete.

In paragraph (b) “relevant examinations” means any public examinations or other assessments for which the child has been entered.^F112]

^F114(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F114[^F115(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B)Any school established in England (whether before or after the commencement of this Act) and maintained by a [^F6local authority^F6][^F116in England^F116] which—

(a)is specially organised to provide education for such children, and

(b)is not a community or foundation school, a community or foundation special school, or a maintained nursery school,

shall be known as a “pupil referral unit”.^F115]

(3)A [^F6local authority^F6][^F117in England^F117] may secure the provision of boarding accommodation at any pupil referral unit.

[[^F118,F119(3A)^F120... The education to be provided for a child in pursuance of arrangements made by a local authority under subsection (1) shall be—

(a)full-time education, or

(b)in the case of a child within subsection (3AA), education on such part-time basis as the authority consider to be in the child's best interests.

(3AA)A child is within this subsection if the local authority consider that, for reasons which relate to the physical or mental health of the child, it would not be in the child's best interests for full-time education to be provided for the child.^F119]

(3B)[^F121Regulations may provide that the education to be provided for a child in pursuance of arrangements made by a local authority in England under subsection (1)^F121] must be provided from a day that, in relation to the pupil concerned, is determined in accordance with [^F122the regulations^F122] .^F118]

(4)^F111A [^F6local authority^F6][^F123in England^F123] may make arrangements for the provision of suitable . . . education otherwise than at school for those young persons who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

[^F124(4A)In determining what arrangements to make under subsection (1) or (4) in the case of any child or young person a [^F6local authority^F6] shall have regard to any guidance given from time to time by the Secretary of State.^F124]

(5)Any child for whom education is provided otherwise than at school in pursuance of this section, and any young person for whom full-time education is so provided in pursuance of this section, shall be treated for the purposes of this Act as a pupil.

[^F125(6)In this section—

• “relevant school” means—

  (a)

  a maintained school,

  (b)

  an Academy,

  (c)

  a city technology college, or

  (d)

  a city college for the technology of the arts;

• “suitable education”, in relation to a child or young person[^F126in the area of a local authority in England^F126], means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have [^F127and in relation to a child or young personin the area of a local authority in Wales, means efficient education suitable to the child's or young person's age, ability and aptitude and to any additional learning needs the child or young person may have^F127] (and “suitable full-time education” is to be read accordingly).^F125]

(7)Schedule 1 has effect in relation to pupil referral units[^F128maintained by a local authority in England^F128] .

[^F12919AExceptional provision of education in pupil referral units or elsewhere: Wales

(1)Each local authority in Wales must make arrangements for the provision of suitable education at school or otherwise than at school for children within the authority's area who—

(a)are of compulsory school age, and

(b)by reason of illness, exclusion from school or otherwise, may not receive suitable education for a period unless such arrangements are made for them.

(2)A school established (whether before or after the commencement of this Act) and maintained by a local authority in Wales which—

(a)is specially organised to provide education for children falling within subsection (1), and

(b)is not a special school,

is to be known as a “pupil referral unit”.

(3)A local authority in Wales may secure the provision of boarding accommodation at any pupil referral unit.

(4)A local authority in Wales may make arrangements for the provision of suitable education otherwise than at a school for young persons within the authority's area who, by reason of illness, exclusion from school or otherwise, may not receive a suitable education for a period unless such arrangements are made for them.

(5)In this section, “suitable education”, in relation to a child or young person means efficient education suitable to [^F130the child’s or^F130] the young person's age, ability and aptitude and to any additional learning needs the child or young person may have.

(6)The following persons are to be treated as pupils for the purposes of this Act—

(a)any child for whom education is provided otherwise than at school under this section, and

(b)any young person for whom full-time education is provided otherwise than at school under this section.

(7)Schedule 1 has effect in relation to pupil referral units maintained by local authorities in Wales.^F129]

Chapter IV The Funding Authorities

The Authorities

^F13120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F13221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions

^F13322. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F13423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F13524. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplemental

^F13625. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F13726. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter V Allocation of responsibility for education at school between LEA and funding authority

^F13827. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter VI Supplemental

Allocation of functions

^F13928. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of information

29 Provision of information by [^F1local authorities^F1] .

(1)A [^F6local authority^F6] shall—

(a)make such reports and returns to the Secretary of State, and

(b)give to the Secretary of State such information,

as he may require for the purpose of the exercise of his functions under this Act.

^F140(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A [^F6local authority^F6] shall—

(a)compile such information, and

(b)make such provision for conducting, or assisting the conduct of, research,

^F141as may be required for the purpose of providing the Secretary of State . . . , in such form and at such times as may be prescribed, with such information relating to the provision of primary or secondary educationin the area of the [^F6local authority^F6] as may be prescribed.

(4)The Secretary of State shall exercise his powers under subsection (3) so as to secure, in particular, the provision of information relating to the provision of education for children with special educational needs.

[^F142(4A)In subsection (4) as it applies in relation to the Welsh Ministers, the reference to special educational needs is to be interpreted as a reference to additional learning needs.^F142]

(5)A [^F6local authority^F6] shall, at such time or times and in such manner as may be required by regulations, publish such information as may be so required with respect to their policy and arrangements in respect of any matter relating to primary or secondary education.

^F143(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F144(6A)The Welsh Ministers may, by regulations, require local authorities in Wales to publish prescribed information, at such times and in such manner as may be prescribed, for the purpose of providing information to the public about whether, and if so how, local authorityeducation functions are being exercised to promote the purpose of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (see section 1 of that Act).^F144]

^F14530. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F146 Part II Schools maintained by local education authorities

Chapter I Preliminary

^F14731. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14832. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14933. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F15034. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter II Establishment, alteration etc. of county and voluntary schools

County schools: establishment, alteration or change of site

^F15135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F15236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F15337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F15438. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F15539. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F15640. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voluntary schools: establishment, alteration or change of site

^F15741. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F15842. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F15943. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16044. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16347. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status of new voluntary school

^F16448. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proposals for a middle school

^F16549. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Division of a single school into two or more schools

^F16650. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16751. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Change of status from controlled school to aided school

^F16852. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16953. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F17054. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F17155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F17256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Change of status from aided or special agreement school to controlled or aided school

^F17357. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F17458. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter III Funding of voluntary schools

Obligations of governing bodies

^F17559. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obligations of LEAs as regards new sites and buildings

^F176,F17760. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F178,F17961. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F18062. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial assistance for controlled schools

^F18163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F18264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial assistance by Secretary of State for aided and special agreement schools

^F18365. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F18466. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F18567. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance by [^F1local authorities^F1] for governing bodies of aided and special agreement schools

^F18668. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance by [^F1local authorities^F1] for promoters of new voluntary schools

^F18769. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous and supplemental

^F18870. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F18971. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19072. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19274. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19375. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter IV Government of county, voluntary and maintained special schools

Instruments of government

^F19476. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19577. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Categories of governor

^F19678. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Governing bodies of county, controlled and maintained special schools

^F19779. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19880. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19981. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F20082. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F20183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Governing bodies of aided and special agreement schools

^F20284. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F20385. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Governing bodies: general

^F20486. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F20587. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F20688. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grouping of schools under a single governing body

^F20789. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F20890. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F20991. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F21092. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F21193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F21294. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F21395. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Government of new schools

^F21496. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F21597. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F21698. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F21799. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grouping of new schools

^F218100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F219 Chapter V

Chapter VI Conduct and staffing of county, voluntary and maintained special schools

Articles of government

^F220127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F221128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F222129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conduct of schools: general

^F223130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F224131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F225132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staffing of schools without delegated budgets

^F226133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F227134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F228135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staffing of schools with delegated budgets

^F229136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F230137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F231138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F232139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F233140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F234141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F235142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment and dismissal of teachers of religious education

^F236143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F237144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F238145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Religious opinions of staff etc.

^F239146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School terms, holidays and sessions

^F240147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F241148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control of school premises

^F242149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F243150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F244151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F245152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Instruction or training outside school premises

^F246153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discipline: general

^F247154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F248155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F249156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F250157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F251158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F252159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F253160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports, meetings and information

^F254161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F255162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F256163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F257164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F258165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

New schools

^F259166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter VII Discontinuance of local education authority schools

Procedure for discontinuance of county, voluntary or maintained nursery school by local education authority

^F260167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F261168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F262169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F263170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F264171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F265172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discontinuance of voluntary school by governing body

^F266173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F267174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F268175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter VIII Miscellaneous and supplementary provisions

Further education

^F269176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Teacher training

^F270177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of employment law

^F271178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of trust deeds and other instruments

^F272179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F273180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Part II

^F274181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F275182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F276 Part III Grant-maintained schools

Chapter I Preliminary

^F277183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter II Procedure for acquisition of grant-maintained status_cross-notes

Eligibility

^F278184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F279185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Initiation of procedure

^F280186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F281187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information

^F282188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ballot of parents

^F283189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F284190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F285191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F286192. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F287193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval and implementation of proposals

^F288194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F289195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F290196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Expenses in connection with proposals

^F291197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Alteration of county school proposed for grant-maintained status

^F292198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F293199. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

^F294200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter III Property, staff and contracts

Transfer of property and staff, etc.

^F295201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F296202. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of pending procedure for acquisition of grant-maintained status on property disposals, etc.

^F297203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F298204. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F299205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F300206. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F301207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F302208. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F303209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

^F304210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter IV Establishing new grant-maintained schools

Proposals for establishment of new grant-maintained school

^F305211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F306212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F307213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval and implementation of proposals

^F308214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F309215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F310216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

^F311217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter V Government, conduct etc. of grant-maintained schools_cross-notes

The governing instruments

^F312218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F313219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F314220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F315221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Governors

^F316222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F317223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F318224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F319225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F320226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F321227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F322228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F323229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F324230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers

^F325231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F326232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F327233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schools acquiring grant-maintained status: determination etc. of initial governors

^F328234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F329235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F330236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F331237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F332238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F333239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F334240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

New grant-maintained schools: determination etc. of initial governors

^F335241. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General and supplementary

^F336242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F337243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter VI Funding of grant-maintained schools

Grants: general

^F338244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F339245 Special purpose grants._cross-notes

(1)Grant regulations may provide for the payment by the funding authority to the governing bodies of grant-maintained schools of grants (known as special purpose grants) in respect of expenditure, of any class or description specified in the regulations, incurred or to be incurred by the governing bodies—

(a)for or in connection with educational purposes of any class or description so specified,

(b)in making any provision (whether of educational services or facilities or otherwise) of any class or description so specified which appears to the funding authority to be required for meeting any special needs of the population of the area served by the schools in question, or

(c)in respect of expenses of any class or description so specified, being expenses which it appears to the funding authority the governing bodies of such schools cannot reasonably be expected to meet from maintenance grant.

(2)Grant regulations may provide for special purpose grants to be payable—

(a)on a regular basis in respect of expenditure of a recurrent kind, or

(b)by reference to expenditure incurred or to be incurred on particular occasions or during any particular period.^F339]

[^F340246 Capital grants._cross-notes

(1)Grant regulations may provide for the payment by the funding authority to the governing bodies of grant-maintained schools of grants (known as capital grants) in respect of expenditure of a capital nature, of any class or description specified in the regulations, incurred or to be incurred by the governing bodies.

(2)The descriptions of expenditure which are to be regarded for the purposes of capital grant as expenditure of a capital nature shall be such as may be determined by or in accordance with the regulations.

(3)Where the governing body of a grant-maintained school include sponsor governors, the funding authority shall, if directed to do so by the Secretary of State, pay capital grant of such amount as may be specified in the directions in respect of such expenditure falling within subsection (1) as is incurred, or to be incurred, by the governing body for such purposes as may be specified in the directions.

(4)Before giving a direction under subsection (3), the Secretary of State shall consult the funding authority.

(5)A direction under subsection (3) may not be given after the end of the period of twelve months beginning—

(a)(in the case of a governing body incorporated in pursuance of proposals for acquisition of grant-maintained status which include sponsor governors on the incorporation date) with that date,

(b)(in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school which include sponsor governors on the date of implementation of the proposals) with that date, and

(c)(in any other case) with the date when the instrument of government naming a person as the sponsor of the school came into effect.^F340]

[^F341247 Imposition of requirements on governing body in receipt of grant._cross-notes

(1)A governing body to whom any payments in respect of maintenance grant, capital grant or special purpose grant are made shall comply with such requirements of a kind mentioned in subsection (2) as the funding authority may from time to time impose.

(2)The kinds of requirements which may be imposed under subsection (1) are—

(a)requirements specified in grant regulations as requirements which may be imposed by the funding authority on governing bodies to whom such payments are made, and

(b)requirements determined in accordance with grant regulations by the funding authority.

(3)Requirements imposed under subsection (1)—

(a)may be imposed on or at any time after the making of any payment by reference to which they are imposed, and

(b)subject to subsection (4), may at any time be varied by the funding authority.

(4)The power of the funding authority to vary such a requirement—

(a)does not apply to a requirement of the kind mentioned in subsection (2)(a), or a requirement required to be imposed by the regulations (by virtue of subsection (9)) or by directions under section 24, unless the Secretary of State has consented to the variation, and

(b)is subject, in the case of a requirement of the kind mentioned in subsection (2)(b), to the provisions of the regulations relating to the determination of the requirements that may be imposed in the case of payments in respect of the grant in question.

(5)Requirements imposed under subsection (1) may at any time be waived or removed by the funding authority with the consent of the Secretary of State.

(6)The requirements which may be specified in or authorised by grant regulations as requirements which may be imposed on governing bodies to whom payments are made in respect of special purpose grant or capital grant may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the funding authority of the whole or any part of the following amount.

(7)That amount is—

(a)the amount of the payments made in respect of the grant, or

(b)so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,

whichever is the greater.

(8)No such requirement as is referred to in subsection (6) may be imposed where any payment is made in respect of capital grant if—

(a)the grant is made in respect of the provision, alteration or repair of premises for a school, and

(b)any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school.

(9)Grant regulations may require the funding authority to impose any such requirements as may be imposed under the preceding provisions of this section.^F341]

[^F342248 Grants: further provisions._cross-notes

(1)The times at which, and the manner in which, payments are made in respect of—

(a)maintenance grant for a grant-maintained school in respect of any financial year,

(b)special purpose grant, and

(c)capital grant,

shall be such as may be determined from time to time by the funding authority.

(2)Payments in respect of maintenance grant for a school in respect of any financial year may be made, before any amount has been determined in accordance with grant regulations as the amount of such grant payable for that year in respect of the school, by reference to an estimate of the amount which will be so payable made by the funding authority.

(3)Where in respect of any financial year an over-payment of maintenance grant is made to the governing body of a school, a sum equal to the amount of that over-payment shall be recoverable from the governing body by the funding authority.

(4)Where a sum is payable by the governing body of a school to the funding authority—

(a)in respect of an over-payment of maintenance grant in respect of a financial year, or

(b)by way of repayment of special purpose grant or capital grant (whether by virtue of a requirement such as is mentioned in section 247(6) or otherwise),

the funding authority may (without prejudice to any other mode of recovery) recover the whole or any part of that sum by deducting it from any grant payable by them to the governing body.

(5)In this section references to an over-payment of maintenance grant in respect of a financial year are to any amount by which the aggregate amount of any payments in respect of maintenance grant made to the governing body of the school in question in respect of the year exceeds the amount finally determined in accordance with grant regulations as the amount of maintenance grant payable for that year in respect of the school.

(6)The funding authority shall exercise any power conferred on them by this section, by any of sections 216 and 244 to 247, or by paragraph 6 of Schedule 21 in such manner (if any) as may be specified in or determined in accordance with grant regulations.^F342]

Grants: Wales (until establishment of the SFCW)

[^F343249 Application of sections 250 to 254.

Before the Schools Funding Council for Wales begin to exercise their functions, sections 250 to 254 shall have effect in relation to grant-maintained schools in Wales in place of sections 244(1) and (3), 245(1), 246(1), 247 and 248.^F343]

^F344250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F345251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F346252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F347253 Imposition of requirements on governing body in receipt of grant.

(1)A governing body to whom any payments in respect of maintenance grant or special purpose grants are made shall comply with such requirements of a kind mentioned in subsection (2) as the Secretary of State may from time to time impose.

(2)The kinds of requirements which may be imposed under subsection (1) are—

(a)requirements specified in grant regulations as requirements which may be imposed by the Secretary of State on governing bodies to whom such payments are made, and

(b)requirements determined in accordance with grant regulations by the Secretary of State.

(3)A governing body to whom any payments in respect of capital grant are made shall comply with such requirements determined by the Secretary of State as he may from time to time impose.

(4)Requirements imposed under subsection (1) or (3)—

(a)may be imposed on or at any time after the making of any payment by reference to which they are imposed, and

(b)may at any time be waived or removed or, subject to subsection (5), varied by the Secretary of State.

(5)The power of the Secretary of State to vary such a requirement—

(a)does not apply to a requirement of the kind mentioned in subsection (2)(a), and

(b)is subject, in the case of a requirement of the kind mentioned in subsection (2)(b), to the provisions of the regulations relating to the determination of the requirements that may be imposed in the case of payments in respect of the grants in question.

(6)The requirements—

(a)which may be specified in or authorised by grant regulations as requirements which may be imposed on governing bodies to whom payments are made in respect of special purpose grant, or

(b)which may be imposed by the Secretary of State on a governing body to whom payments in respect of capital grant are made,

may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the Secretary of State of the whole or any part of the following amount.

(7)That amount is—

(a)the amount of the payments made in respect of the grant, or

(b)so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,

whichever is the greater.

(8)No such requirement as is referred to in subsection (6) may be imposed where any payment is made in respect of capital grant if—

(a)the grant is made in respect of the provision, alteration or repair of premises for a school, and

(b)any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school.^F347]

[^F348254 Grants: further provisions.

(1)The times at which, and the manner in which, payments are made in respect of—

(a)maintenance grant for a grant-maintained school in respect of any financial year,

(b)special purpose grants, and

(c)capital grants,

shall be such as may be determined from time to time by the Secretary of State.

(2)Payments in respect of maintenance grant for a school in respect of any financial year may be made, before any amount has been determined in accordance with grant regulations as the amount of such grant payable for that year in respect of the school, by reference to an estimate of the amount which will be so payable made by the Secretary of State.

(3)Where in respect of any financial year an over-payment of maintenance grant is made to the governing body of a school, a sum equal to the amount of that over-payment shall be recoverable from the governing body by the Secretary of State.

(4)Where a sum is payable by the governing body of a school to the Secretary of State—

(a)in respect of an over-payment of maintenance grant in respect of a financial year, or

(b)by way of repayment of special purpose grant or capital grant (whether by virtue of a requirement such as is mentioned in section 253(6) or otherwise),

the Secretary of State may (without prejudice to any other mode of recovery) recover the whole or any part of that sum by deducting it from any grant payable by him to the governing body.

(5)In this section references to an over-payment of maintenance grant in respect of a financial year are to any amount by which the aggregate amount of any payments in respect of maintenance grant made to the governing body of the school in question in respect of the year exceeds the amount finally determined in accordance with grant regulations as the amount of maintenance grant payable for that year in respect of the school.^F348]

Loans

^F349255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery from local funds

^F350256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F351257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F352258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter VII Alteration etc. of grant-maintained schools

^F353259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F354260. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F355261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F356262. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F357263. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F358264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F359265. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F360266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter VIII Discontinuance of grant-maintained schools

Proposals for discontinuance

^F361267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F362268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F363269. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F364270. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F365271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withdrawal of grant

^F366272. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F367273. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Winding up and disposal of property

^F368274. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F369275. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F370276. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F371277. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F372278. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F373279. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter IX Groups of grant-maintained schools

^F374280. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F375281. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F376282. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F377283. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F378284. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F379285. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F380286. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F381287. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F382288. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F383289. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F384290. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter X General and Miscellaneous

Middle schools

^F385291. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nursery education

^F386292. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further education

^F387293. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Teacher training

^F388294. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of benefits and services by local education authority

^F389295. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer and disposal of premises

^F390296. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F391297. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F392298. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F393299. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F394300. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F395301. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of instruments

^F396302. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F397303. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Religious opinions etc. of staff

^F398304. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F399305. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F400306. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F401Discipline

^F402306A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion of pupils

^F403307. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F404307A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal committees

^F405308. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

^F406309. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F407310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

^F408311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV Special educational needs_cross-notes

[^F409Chapter I Children [^F410in wales^F410] with special educational needs_cross-notes

Introductory

[^F411311AApplication of this Chapter: children in Wales

This Chapter applies only in relation to childrenin the area of a local authority in Wales.^F411]

312 Meaning of “special educational needs” and “special educational provision” etc.

(1)A child[^F412in the area of a local authority in Wales^F412] has “special educational needs” for the purposes of this Act if he has a learning difficulty which calls for special educational provision to be made for him.

(2)Subject to [^F413subsections (3) and (3A)^F413] a child[^F414in the area of a local authority in Wales^F414] has a “learning difficulty” for the purposes of this Act if—

(a)he has a significantly greater difficulty in learning than the majority of children of his age,

(b)he has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for children of his age in schools within the area of the [^F6local authority^F6] , or

(c)he is under [^F415compulsory school age^F415] and is, or would be if special educational provision were not made for him, likely to fall within paragraph (a) or (b) when of ^F416. . . that age.

(3)A child is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.

[^F417(3A)Subsection (2) does not apply—

(a)for the purposes of sections ^F418... , 15A [^F419and 15B^F419], or

(b)for the purposes of sections 18A and 562H (except for the purpose of [^F420a local authority in Wales^F420] determining, for the purposes of those sections, whether a child has special educational needs).^F417]

(4)In this Act “special educational provision” means—

(a)in relation to a child who has attained the age of two, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of his age in schools maintained by the [^F6local authority^F6] (other than special schools) ^F421. . ., and

(b)in relation to a child under that age, educational provision of any kind.

(5)In this Part—

• “child” includes any person who has not attained the age of 19 and is a registered pupil at a school;

• [^F422“maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital.^F422]

[^F423312AChildren subject to detention

(1)No provision of, or made under, this Part applies in relation to a child who is subject to a detention order and detained in relevant youth accommodation.

(2)The following provisions of this section apply where a child who has been subject to a detention order is released having, immediately before release, been detained in relevant youth accommodation.

(3)Subject to subsection (6), a statement which was maintained for the child by a local authority under section 324 immediately before the beginning of the detention is, from the child's release, to be treated as being maintained by that authority under section 324.

(4)In subsection (3) “the beginning of the detention” means—

(a)the beginning of the period of detention in relevant youth accommodation, or

(b)where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period.

(5)For the purposes of subsection (4), it is immaterial whether or not a period of detention is pursuant to a single order.

(6)Where, on the child's release, a local authority (“the new authority”) other than the authority mentioned in subsection (3) (“the old authority”) becomes responsible for the child for the purposes of this Part—

(a)the old authority must transfer the statement to the new authority, and

(b)from the child's release, the statement is to be treated as being maintained by the new authority under section 324.^F423]

Code of Practice

313 Code of Practice._cross-notes

(1)The [^F424Welsh Ministers^F424] shall issue, and may from time to time revise, a code of practice giving practical guidance in respect of the discharge by [^F1local authorities^F1] and the governing bodies of [^F425maintained schools^F425][^F426 and maintained nursery schools^F426] of their functions under this Part.

(2)It shall be the duty of—

(a)[^F1local authorities^F1], and such governing bodies, exercising functions under this Part, and

(b)any other person exercising any function for the purpose of the discharge by [^F1local authorities^F1], and such governing bodies, of functions under this Part,

to have regard to the provisions of the code.

(3)On any appeal under this Part to the Tribunal, the Tribunal shall have regard to any provision of the code which appears to the Tribunal to be relevant to any question arising on the appeal.

(4)The [^F427Welsh Ministers^F427] shall publish the code as for the time being in force.

[^F428(5)In this Part ^F429..., “the Tribunal”, in relation to an appeal, means [^F430the Special Educational NeedsTribunal for Wales.^F430]

^F431(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F432(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F428]

314 Making and approval of code.

(1)Where the [^F433Welsh Ministers propose^F433] to issue or revise a code of practice, [^F434they^F434] shall prepare a draft of the code (or revised code).

(2)The [^F435Welsh Ministers^F435] shall consult such persons about the draft as [^F436they think^F436] fit and shall consider any representations made by [^F437those persons^F437].

[^F438(3)If the Welsh Ministers determine to proceed with the draft (either in its original form or with such modifications as they think fit) they shall lay it before the National Assembly for Wales.^F438]

(4)If the draft is approved by resolution of [^F439the National Assembly for Wales, the Welsh Ministers^F439] shall issue the code in the form of the draft, and the code shall come into effect on such day as [^F440the Welsh Ministers may^F440] by order appoint.

Special educational provision: general

315 Review of arrangements.

(1)A [^F6local authority^F6] shall keep under review the arrangements made by them for special educational provision.

(2)In doing so the authority shall, to the extent that it appears necessary or desirable for the purpose of co-ordinating provision for children with special educational needs, consult [^F441the governing bodies of community, foundation and voluntary and community and foundation special schools[^F442and maintained nursery schools^F442] in their area.^F441].

[^F443316 Duty to educate children with special educational needs in mainstream schools_cross-notes

(1)This section applies to a child with special educational needs who should be educated in a school.

(2)If no statement is maintained under section 324 for the child, he must be educated in a mainstream school.

(3)If a statement is maintained under section 324 for the child, he must be educated in a mainstream school unless that is incompatible with—

(a)the wishes of his parent, or

(b)the provision of efficient education for other children.

(4)In this section and section 316A “mainstream school” means any school other than—

(a)a special school, or

(b)an independent school which is not—

(i)a city technology college,

(ii)a city college for the technology of the arts, or

(iii)[^F444an Academy^F444].^F443]

[^F445316A Education otherwise than in mainstream schools_cross-notes

(1)Section 316 does not prevent a child from being educated in—

(a)an independent school which is not a mainstream school, or

(b)a school approved under section 342,

if the cost is met otherwise than by a [^F6local authority^F6].

(2)Section 316(2) does not require a child to be educated in a mainstream school during any period in which—

(a)he is admitted to a special school for the purposes of an assessment under section 323 of his educational needs and his admission to that school is with the agreement of—

(i)the [^F6local authority^F6],

[^F446(ii)the governing body of the school or, if the school is in England, its head teacher,^F446]

(iii)his parent, and

(iv)any person whose advice is to be sought in accordance with regulations made under paragraph 2 of Schedule 26;

(b)he remains admitted to a special school, in prescribed circumstances, following an assessment under section 323 at that school;

(c)he is admitted to a special school, following a change in his circumstances, with the agreement of—

(i)the [^F6local authority^F6],

[^F447(ii)the governing body of the school or, if the school is in England, its head teacher,^F447]

(iii)his parent;

(d)he is admitted to a community or foundation special school which is established in a hospital.

(3)Section 316 does not affect the operation of—

(a)section 348, or

(b)paragraph 3 of Schedule 27.

(4)If a [^F6local authority^F6] decide—

(a)to make a statement for a child under section 324, but

(b)not to name in the statement the school for which a parent has expressed a preference under paragraph 3 of Schedule 27,

they shall, in making the statement, comply with section 316(3).

(5)A [^F6local authority^F6] may, in relation to their mainstream schools taken as a whole, rely on the exception in section 316(3)(b) only if they show that there are no reasonable steps that they could take to prevent the incompatibility.

(6)An authority in relation to a particular mainstream school may rely on the exception in section 316(3)(b) only if it shows that there are no reasonable steps that it or another authority in relation to the school could take to prevent the incompatibility.

(7)The exception in section 316(3)(b) does not permit a governing body to fail to comply with the duty imposed by section 324(5)(b).

(8)An authority must have regard to guidance about section 316 and this section issued [^F448by the Welsh Ministers^F448]—

^F449(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F450(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)That guidance shall, in particular, relate to steps which may, or may not, be regarded as reasonable for the purposes of subsections (5) and (6).

(10)“Prescribed”^F451... means prescribed in regulations made by the [^F452Welsh Ministers^F452].

(11)“Authority”—

(a)in relation to a maintained school[^F453 or maintained nursery school^F453], means each of the following—

(i)the [^F6local authority^F6],

(ii)the school’s governing body, and

(b)in relation to ^F454... a pupil referral unit, means the [^F6local authority^F6].^F445]

317 Duties of governing body or [^F1local authority^F1] in relation to pupils with special educational needs._{cross-notesI1}

(1)[^F455The governing body of a community, foundation or voluntary school or a maintained nursery school shall^F455] —

(a)use their best endeavours, in exercising their functions in relation to the school, to secure that, if any registered pupil has special educational needs, the special educational provision which his learning difficulty calls for is made,

(b)secure that, where the responsible person has been informed by the [^F6local authority^F6] that a registered pupil has special educational needs, those needs are made known to all who are likely to teach him, and

(c)secure that the teachers in the school are aware of the importance of identifying, and providing for, those registered pupils who have special educational needs.

[^F456(2)In subsection (1)(b) “the responsible person” means the head teacher or the appropriate governor (that is, the chairman of the governing body or, where the governing body have designated another governor for the purposes of this subsection, that other governor).^F456]

(3)To the extent that it appears necessary or desirable for the purpose of co-ordinating provision for children with special educational needs—

(a)the governing bodies of [^F457community, foundation and voluntary schools^F457][^F458and maintained nursery schools^F458] shall, in exercising functions relating to the provision for such children, consult the [^F6local authority^F6]^F459. . . and the governing bodies of other such schools, ^F460...

^F460(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F461(3A)The governing body of a community, foundation or voluntary school or a maintained nursery school shall designate a member of the staff at the school (to be known as the “special educational needs co-ordinator”) as having responsibility for co-ordinating the provision for pupils with special educational needs.

(3B)Regulations may—

(a)require the governing bodies of schools falling within subsection (3A) to ensure that special educational needs co-ordinators have prescribed qualifications or prescribed experience (or both), and

(b)confer on the governing bodies of those schools other functions relating to special educational needs co-ordinators.^F461]

(4)Where a child who has special educational needs is being educated in [^F462a community, foundation or voluntary school^F462] or a maintained nursery school, those concerned with making special educational provision for the child shall secure, so far as is reasonably practicable and is compatible with—

(a)the child receiving the special educational provision which his learning difficulty calls for,

(b)the provision of efficient education for the children with whom he will be educated, and

(c)the efficient use of resources,

that the child engages in the activities of the school together with children who do not have special educational needs.

[^F463(5)The governing body of a community, foundation or voluntary school, a maintained nursery school, or a community or foundation special school shall [^F464include special needs information in the report prepared under section 30(1) of the Education Act 2002 (governors' report).^F464]

^F465(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F466(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In subsection (5) “special needs information” means—

(a)such information as may be prescribed about the implementation of the governing body's policy for pupils with special educational needs, and

(b)information as to—

(i)the arrangements for the admission of disabled persons as pupils at the school,

(ii)the steps taken to prevent disabled pupils from being treated less favourably than other pupils,

(iii)the facilities provided to assist access to the school by disabled pupils, and

(iv)the plan prepared by the governing body under [^F467paragraph 3 of Schedule 10 to the Equality Act 2010 (“the 2010 Act^F467]”).

(6A)[^F468In subsection (6)(b) “disabled person” means a person who is a disabled person for the purposes of the 2010 Act; and section 89 (interpretation of Part 6) of, and paragraph 6 of Schedule 10 (supplementary provisions for Schedule 10) to, the 2010 Act apply for the purposes of subsection (6)(b) as they apply for the purposes of Part 6 of and Schedule 10 to that Act.^F468,F463]]

[^F469317A Duty to inform parent where special educational provision made_cross-notes

(1)This section applies if—

(a)a child for whom no statement is maintained under section 324 is a registered pupil at—

(i)a community, foundation or voluntary school[^F470 or a maintained nursery school^F470] , or

(ii)a pupil referral unit,

(b)special educational provision is made for him at the school because it is considered that he has special educational needs, and

(c)his parent has not previously been informed under this section of special educational provision made for him at the school.

(2)If the school is a pupil referral unit, the [^F6local authority^F6] must secure that the head teacher informs the child’s parent that special educational provision is being made for him at the school because it is considered that he has special educational needs.

(3)In any other case, the governing body must inform the child’s parent that special educational provision is being made for him there because it is considered that he has special educational needs.^F469]

318 Provision of goods and services in connection with special educational needs.

(1)A [^F6local authority^F6] may, for the purpose only of assisting—

(a)the governing bodies of [^F471community, foundation or voluntary schools^F471][^F472or maintained nursery schools^F472] (in their or any other area) in the performance of the governing bodies’ duties under section 317(1)(a), or

(b)the governing bodies of [^F471community or foundation special schools^F471] (in their or any other area) in the performance of the governing bodies’ duties,

supply goods or services to those bodies.

(2)The terms on which goods or services are supplied by [^F1local authorities^F1] under [^F473this section to the governing bodies of community, foundation or voluntary schools[^F474, maintained nursery schools^F474] or community or foundation special schools in any other area^F473] may, in such circumstances as may be prescribed, include such terms as to payment as may be prescribed.

^F475(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F476(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F477(3B)A [^F6local authority^F6]^F478... may supply goods and services to any authority in Wales or other person (other than a governing body within subsection(1)) for the purpose of assisting them in making for a child any special educational provision which any learning difficulty of the child calls for.^F477]

(4)This section is without prejudice to the generality of any other power of [^F1local authorities^F1] to supply goods or services.

319 Special educational provision otherwise than in schools.

(1)Where a [^F6local authority^F6] are satisfied that it would be inappropriate for—

(a)the special educational provision which a learning difficulty of a child in their area calls for, or

(b)any part of any such provision,

to be made in a school, they may arrange for the provision (or, as the case may be, for that part of it) to be made otherwise than in a school.

(2)Before making an arrangement under this section, a [^F6local authority^F6] shall consult the child’s parent.

320 Provision outside England and Wales for certain children.

(1)A [^F6local authority^F6] may make such arrangements as they think fit to enable a child for whom they maintain a statement under section 324 to attend an institution outside England and Wales which specialises in providing for children with special needs.

(2)In subsection (1) “children with special needs” means children who have particular needs which would be special educational needs if those children were in England and Wales.

(3)Where a [^F6local authority^F6] make arrangements under this section in respect of a child, those arrangements may in particular include contributing to or paying—

(a)fees charged by the institution,

(b)expenses reasonably incurred in maintaining him while he is at the institution or travelling to or from it,

(c)his travelling expenses, and

(d)expenses reasonably incurred by any person accompanying him while he is travelling or staying at the institution.

(4)This section is without prejudice to any other powers of a [^F6local authority^F6].

Identification and assessment of children with special educational needs

321 General duty of [^F6local authority^F6] towards children for whom they are responsible.

(1)A [^F6local authority^F6] shall exercise their powers with a view to securing that, of the children for whom they are responsible, they identify those to whom subsection (2) below applies.

(2)This subsection applies to a child if—

(a)he has special educational needs, and

(b)it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.

(3)For the purposes of this Part a [^F6local authority^F6] are responsible for a child if he is in their area and—

(a)he is a registered pupil at a [^F479maintained school^F479][^F480 or maintained nursery school^F480] ,

^F481(b)education is provided for him at a school which is not a maintained school[^F480 or maintained nursery school^F480] but is so provided at the expense of the authority,

(c)he does not come within paragraph (a) or (b) above but is a registered pupil at a school and has been brought to the authority’s attention as having (or probably having) special educational needs, or

(d)he is not a registered pupil at a school but is not under the age of two or over compulsory school age and has been brought to their attention as having (or probably having) special educational needs.

322[^F482Duty of certain bodies to help local authority.^F482]

(1)Where it appears to a [^F6local authority^F6] that [^F483another local authority, [[^F484,F485NHS England^F485], [^F486an integrated care board^F486] or^F484] a Local Health Board ^F487...^F483] could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of [^F488that body^F488] , specifying the action in question.