Education Act 1996, section 13

General responsibility for education

Part I General

(1)A [F6local authorityF6] 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 educationF45][F46 and, in the case of a [F6 dfnlocal authorityF6] 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 [F48 the Secretary of State under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009F48] F49 ...F47]

[F50 (ba)the Commission for Tertiary Education and Research, orF50]

(c)the Office for Students.

[F51 (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 [F52and for whom an EHC plan is maintainedF52] .”

F53(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54(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).F51]

Definitions used in section 13 4

local authority

“local authority” means—

(a)

a local authority in England;

(b)

a local authority in Wales;

Defined in s.579(1) · see it in the full Act
primary education

(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).

Defined in s.2(1) · see it in the full Act
secondary education

(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.

Defined in s.2(2) · see it in the full Act
further education

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

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

Defined in s.2(3) · see it in the full Act

Cases considering section 13 18

Lancashire County Council, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs & Anor

[2018] EWCA Civ 721 · 12 April 2018Limits

Treats the duty to secure efficient education for the area as a general target duty. It does not make registration incompatible merely because land might be useful for education in future. (see paras [18]; [39]-[42])

Hughes v The First Secretary of State & Anor

[2006] EWCA Civ 838 · 23 June 2006Interprets

Interprets section 13 as requiring the local education authority to secure the availability of efficient primary and secondary schools to meet the population’s needs. The duty does not guarantee continuity of education for particular children after displacement. (see paras [11], [18])

ELY & Anor, R (on the application of) v Secretary of State for Housing, Communities and Local Government

[2026] EWHC 927 (Admin) · 24 April 2026Limits

Confirms that the alleged breach of the education authority’s duty to provide sufficient school places was outside the inspector’s role and did not need to be determined in the planning appeal. (see paras [39]-[45])

1 more judgment, and what each says about section 13, are in the case-law panel in the full Act.

Amendments and notes

13 notes from legislation.gov.uk

Amendments

  1. F6Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
  2. F45Words in s. 13(1) substituted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 52(2) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
  3. F46Words in s. 13(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 2(2); S.I. 2010/303, art. 3, Sch. 2
  4. F47S. 13(2)(a)(b) substituted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 52(3) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3)
  5. F48Words in s. 13(2)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 43
  6. F49Words in s. 13(2)(a) omitted (1.4.2006) by virtue of The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 32(a) (with art. 7)
  7. F50S. 13(2)(ba) substituted for s. 13(2)(aa)(b) (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 8(2) (with s. 19); W.S.I. 2026/62, art. 2(ww)(iv)
  8. F51S. 13(3)-(6) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 2(3); S.I. 2010/303, art. 3, Sch. 2
  9. F52Words in s. 13(3)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 3(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505) this amendment is subject to savings and/or transitional provisions, see the commentary.
  10. F53S. 13(4) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 3(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505) this amendment is subject to savings and/or transitional provisions, see the commentary.
  11. F54S. 13(5) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 3(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505) this amendment is subject to savings and/or transitional provisions, see the commentary.

Modifications

  1. C27S. 13 modified (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36, 162 (with s. 159)
  2. C28S. 13 modified (temp.) (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024 (S.I. 2024/806), art. 19 (with art. 28)