Education Act 1996, section 313

Code of Practice

Part IV Special educational needs

(1)The [F432 Welsh MinistersF432] shall issue, and may from time to time revise, a code of practice giving practical guidance in respect of the discharge by [F1 local authoritiesF1] and the governing bodies of [F433 maintained schoolsF433] [F434 and maintained nursery schools F434] of their functions under this Part.

(2)It shall be the duty of—

(a)[F1 local authoritiesF1] , and such governing bodies, exercising functions under this Part, and

(b)any other person exercising any function for the purpose of the discharge by [F1 local authoritiesF1] , 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 [F435 Welsh MinistersF435] shall publish the code as for the time being in force.

[F436 (5) In this Part F437 ..., “the Tribunal”, in relation to an appeal, means [F438 the Special Educational Needs Tribunal for Wales. F438]

F439(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F440(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F436]

Definitions used in section 313 5

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
maintained school

“maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital.

Defined in s.312(5) · see it in the full Act
maintained nursery school

“maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998 ;

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
special educational needs

“special educational needs”—

(a)

in relation to a child or person over compulsory school age but under 25 in the area of a local authority in England, has the meaning given by section 20(1) of the Children and Families Act 2014;

(b)

in relation to a child in the area of a local authority in Wales, has the meaning given by section 312;

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

Cases considering section 313 17

H v East Sussex County Council & Ors

[2009] EWCA Civ 249 · 31 March 2009

The provision authorises the Secretary of State’s code of practice to which local education authorities must have regard. (see para [24]) A local education authority must have regard to the statutory code of practice when carrying out its functions. The court accordingly used the code’s residential-placement guidance to frame the relevant inquiry. (see paras [24]; [34])

E v London Borough of Newham & Anor

[2003] EWCA Civ 9 · 20 January 2003Interprets

The court set out the duty to have regard to the Code of Practice when exercising functions under the special educational needs provisions and on an appeal to the tribunal. (see para [25]) The court noted the Secretary of State’s duty and power to issue a code giving guidance on the discharge of functions under the special educational needs provisions. (see para [25]) The court noted the duty of specified persons exercising functions under the statutory scheme to have regard to the Code of Practice. (see para [25]) The court noted the duty of local education authorities and maintained-school governing bodies to have regard to the Code of Practice when exercising relevant functions. (see para [25]) The court noted the corresponding duty of other persons exercising functions for the statutory scheme to have regard to the Code of Practice. (see para [25]) The court noted that the tribunal must have regard to relevant provisions of the Code of Practice on an appeal. The Code’s guidance on specificity and quantification was treated as policy guidance, not an inflexible statutory command. (see paras [25]-[27]; [59])

B, R (on the application of) v London Borough of Islington

[2010] EWHC 2539 (Admin) · 20 August 2010Limits

Section 313 requires the Secretary of State to issue a code of practice and requires local authorities to have regard to it. The code cannot determine the construction of the primary legislation, although paragraph 9.61 provided limited support for the ordinary meaning of “child” (see para [24]).

1 more judgment, and what each says about section 313, are in the case-law panel in the full Act.

Amendments and notes

11 notes from legislation.gov.uk

Amendments

  1. F432Words in s. 313(1) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 12(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.
  2. F1Words 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(3) (with Sch. 2 para. 7(4)(5))
  3. F433Words in s. 313(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 72 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1
  4. F434Words in s. 313(1) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 36 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.
  5. F435Words in s. 313(4) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 12(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.
  6. F436S. 313(5) substituted (1.9.2003) by Education Act 2002 (c. 32), s. 216(3), Sch. 18 para. 2 (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III
  7. F437Words in s. 313(5) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 128(a)
  8. F438Words in s. 313(5) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 12(3)(a); 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.
  9. F439S. 313(5)(a) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 12(3)(b); 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. F440S. 313(5)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 12(3)(b); 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. C94S. 313(2) applied (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 1