Education Act 1996, section 13A

Duty to promote high standards and fulfilment of potential

Part I General

(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 [F56 and for whom an EHC plan is maintainedF56] .

(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. F55]

Definitions used in section 13A 5

EHC plan

“EHC plan” means a plan within section 37(2) of the Children and Families Act 2014 ;

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

“functions” includes powers and duties;

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

(1) In this Act (subject to subsections (1A) to (1C) ) “school” means an educational institution which is outside the further education sector and the wider higher education sector and is an institution for providing—

(a)primary education,

(b)secondary education, or

(c)both primary and secondary education,

Defined in s.4(1) · see it in the full Act
registered

“registered”, in relation to the parents of pupils at a school or in relation to the names or addresses of such parents or pupils, means shown in that register.

Defined in s.434(5) · see it in the full Act
pupil

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

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

(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.

Defined in s.3(1) · see it in the full Act

Cases considering section 13A 6

London Borough of Islington, R (on the application of) v Secretary of State for Education

[2024] EWHC 1798 (Admin) · 12 July 2024

Requires the Council to exercise its education functions with a view to promoting high standards, fair access and fulfilment of learning potential. The decision made those objectives more difficult but did not utterly defeat them (see paras [56], [110]-[113]). Forms part of the statutory framework requiring the Council to pursue the objectives in section 13A when exercising education functions. The court found that the decision did not utterly defeat those duties (see para [56]).

Elphinstone, R (on the application of) v Westminster City Council & Ors

[2008] EWHC 1287 (Admin) · 28 May 2008

The Council’s decision was assessed against the objectives of promoting high standards, fair access and each child’s educational potential (see paras [3]; [26]).

Hughes v The First Secretary of State & Anor

[2006] EWCA Civ 838 · 23 June 2006Interprets

Treats section 13A’s duty to exercise education functions with a view to promoting high standards as part of the statutory education scheme. It does not impose a guarantee that individual children will receive uninterrupted education following a move. (see paras [11], [18])

What each judgment says about section 13A is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F55S. 13A substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 3; S.I. 2010/303, art. 3, Sch. 2
  2. F56Words in s. 13A(2)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 4; 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. C29S. 13A functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 12(1)(b)(2)(3)
  2. C30S. 13A functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 18 (with art. 28)
  3. C31S. 13A: functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 5(1)(2)(b)(3)-(5)
  4. C32S. 13A: functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 5(1)-(5)
  5. C33S. 13A: functions made exercisable concurrently (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 33 (with art. 9)