Education Act 1996, section 15ZA

Duty in respect of education and training for persons over compulsory school age: England

Part I General

(1)A [F66 relevant authorityF66] 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 [F67 and for whom an EHC plan is maintainedF67] .

(2)A [F68 relevant authorityF68] 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 [F69 relevant authorityF69] must (in particular) have regard to—

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

(b)any learning difficulties [F70 or disabilitiesF70] 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 [F71 relevant authorityF71] 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 [F72 relevant authorityF72] 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 [F73 the Secretary of StateF73] .

(6)For the purposes of this section a person has a learning difficulty [F74 or disabilityF74] 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 [F75 or disabilityF75] 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)

    [F76 an approved English apprenticeship agreement (within the meaning given in section A1(3) of that Act),F76]

    (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, F77...

    (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)

    [F78 an alternative English apprenticeship (within the meaning given in section A1(4) of that Act);F78]

  • “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.

[F79 (9)The duty in subsection (1) does not apply in relation to persons in a [F80 relevant authorityF80] 's area who are subject to a detention order.F79]

Definitions used in section 15ZA 4

relevant authority

“relevant authority” means—

(a)

the Greater London Authority,

(b)

a local authority in England,

(c)

a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009, or

(d)

a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;

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
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
disability

(4) “Disabled child” means a child who has a disability for the purposes of the Equality Act 2010 , and “disability” is to be construed accordingly.

Defined in Sch.35B para.15(4) · see it in the full Act

Cases considering section 15ZA 3

Staffordshire County Council v JM

[2016] UKUT 246 (AAC) · 23 May 2016Interprets

The duty to secure suitable education or training is distinct from transport. Location and timing inform whether education or training is suitable, rather than expanding the meaning of education or training to include transport (see paras [17], [26]).

Drexler, R (On the Application Of) v Leicestershire County Council

[2020] EWCA Civ 502 · 7 April 2020

The court considered the duty to secure suitable education and training for persons over compulsory school age but under 19. It did not erase the transport distinction which Parliament had drawn between the relevant age groups. (see paras [18]; [85]-[89])

AB v East Sussex County Council

[2024] UKUT 87 (AAC) · 15 February 2024Defines

Training includes vocational, social, physical and recreational training. The judgment relied on the statutory definitions in requiring consideration of education and training beyond academic learning. (see paras [30]; [81])

What each judgment says about section 15ZA is in the case-law panel in the full Act.

Amendments and notes

27 notes from legislation.gov.uk

Amendments

  1. F65Ss. 15ZA, 15ZB inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 41, 269(4); S.I. 2010/303, art. 3, Sch. 2
  2. F66Words in s. 15ZA(1) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 15(2) (with s. 102)
  3. F67Words in s. 15ZA(1) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 5(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.
  4. F68Words in s. 15ZA(2) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 15(3)(a) (with s. 102)
  5. F69Words in s. 15ZA(3) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 15(3)(b) (with s. 102)
  6. F70Words in s. 15ZA(3)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 5(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.
  7. F71Words in s. 15ZA(4) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 15(3)(c) (with s. 102)
  8. F72Words in s. 15ZA(5) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 15(3)(d) (with s. 102)
  9. F73Words in s. 15ZA(5) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 44
  10. F74Words in s. 15ZA(6) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 5(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.
  11. F75Words in s. 15ZA(7) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 5(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.
  12. F76Words in s. 15ZA(8) inserted (24.11.2015) by The English Apprenticeships (Consequential Amendments to Primary Legislation) Order 2015 (S.I. 2015/1852), arts. 1, 2(2)(a)
  13. F77Word in s. 15ZA(8) omitted (24.11.2015) by virtue of The English Apprenticeships (Consequential Amendments to Primary Legislation) Order 2015 (S.I. 2015/1852), arts. 1, 2(2)(b)
  14. F78Words in s. 15ZA(8) inserted (24.11.2015) by The English Apprenticeships (Consequential Amendments to Primary Legislation) Order 2015 (S.I. 2015/1852), arts. 1, 2(2)(b)
  15. F79S. 15ZA(9) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 5(5); 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.
  16. F80Words in s. 15ZA(9) substituted (29.4.2026) by virtue of English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 15(3)(e) (with s. 102)

Modifications

  1. C34S. 15ZA(6)(7) applied (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 83(4), 269(4); S.I. 2010/303, art. 3, Sch. 2
  2. C35S. 15ZA functions made exercisable concurrently (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 6
  3. C36S. 15ZA functions made exercisable concurrently (1.4.2014) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 (S.I. 2014/863), art. 1, Sch. 2 para. 4
  4. C37S. 15ZA functions made exercisable concurrently (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), art. 1, Sch. 2 para. 3 (with art. 8(4))
  5. C38S. 15ZA functions made exercisable concurrently (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 12(1), Sch. 2 para. 3
  6. C39S. 15ZA functions made exercisable concurrently (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 7, Sch. 2 para. 3
  7. C40Ss. 15ZA-15ZC functions made exercisable concurrently (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 3 para. 3
  8. C41S. 15ZA functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 25(1), Sch. 5 paras. 1, 3
  9. C42S. 15ZA functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 10(b)
  10. C43S. 15ZA 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)
  11. C44S. 15ZA: 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)