Education Act 1996, section 316

Duty to educate children with special educational needs in mainstream schools

Part IV Special educational needs

(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)[F452 an AcademyF452] .F451]

Definitions used in section 316 6

child

“child” means a person who is not over compulsory school age;

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

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

Defined in s.312(5) · 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
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
parent

(1) In this Act, unless the context otherwise requires, “parent”, in relation to a child or young person, includes any person—

(a)who is not a parent of his but who has parental responsibility for him, or

(b)who has care of him,

Defined in s.576(1) · see it in the full Act
independent school

(1) In this Act “independent school” means any school at which full-time education is provided for—

(a)five or more pupils of compulsory school age, or

(b)at least one pupil of that age for whom an EHC plan is maintained or for whom a statement is maintained under section 324 or an individual development plan is maintained , or who is looked after by a local authority (within the meaning of section 22 of the Children Act 1989 or section 74 of the Social Services and Well-being (Wales) Act 2014 ),

Defined in s.463(1) · see it in the full Act
Academy

“Academy” means an educational institution to which Academy arrangements relate;

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

Cases considering section 316 8

TM v London Borough of Hounslow

[2009] EWCA Civ 859 · 11 June 2009Interprets

Section 316 is treated as governing school education only after the section 319 question has been addressed and the child should be educated in a school. (see paras [13]-[16]; [24]-[25]) Subsection (1) confirms that section 316 operates only where the child should be educated in a school. (see paras [13]; [25]) If the authority is not satisfied that provision would be inappropriate in a school, it must determine whether education is to be provided in a maintained school under section 316(3) or otherwise under section 316A. (see para [24])

MH, R (on the application of) v Special Educational Needs & Disability Tribunal & Anor

[2004] EWCA Civ 770 · 23 June 2004Limits

Establishes the mainstream-school duty. The court held that the duty does not require a particular school to be named, but permits consideration and normally naming of a mainstream school once the section 316 process applies (see paras [19]-[21], [70]-[76]). Identifies the child to whom the substituted section 316 applies: a child with special educational needs who should be educated in a school. It was part of the statutory framework (see para [21]). Provides that a child without a maintained statement must be educated in a mainstream school. It forms part of the statutory contrast with the position where a statement is maintained (see para [21]). Was part of the original section 316 conditions concerning compatibility with the special educational provision required by the child. The court treated Parliament’s omission of that suitability-related structure from the substituted provision as significant (see paras [20], [47], [79]). Was part of the original section 316 conditions concerning efficient education for the children with whom the child would be educated. It was included in the comparison with the substituted provision (see para [20]). Was part of the original section 316 conditions concerning efficient use of resources. It was included in the comparison with the substituted provision (see para [20]). Requires mainstream education for a child with a maintained statement unless it is incompatible with the parent’s wishes or the provision of efficient education for other children. The court held that it does not require a particular school to be named (see paras [21], [70]-[75]). Identifies the parent’s wishes as a statutory exception to the mainstream-school duty. The court analysed this within the distinct section 316 process (see paras [21], [70]-[71]). Makes incompatibility with the provision of efficient education for other children the relevant substantive exception in the section 316 process. That exception is qualified by the reasonable-steps requirements in section 316A (see paras [21], [70]-[71]).

Richardson v Solihull Metropolitan Borough Council

[1998] EWCA Civ 3535 · 12 February 1998

Applied as part of the statutory framework requiring consideration of ordinary schooling, compatibility with other pupils and efficient use of resources. These considerations informed whether a school should be named (see pp. 5; 17; 35).

What each judgment says about section 316 is in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F451Ss. 316, 316A substituted (15.6.2001 for certain purposes and otherwise 1.1.2002 for E., 21.1.2002 for certain purposes and otherwise 1.4.2002 for W.) for s. 316 by 2001 c. 10, s. 1 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pts. I, II
  2. F452Words s. 316(4)(b)(iii) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65(3), 216(2), Sch. 7 para. 6(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

Modifications

  1. C95S. 316 modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 5
  2. C96S. 316(2)(3) excluded (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(5)(d)(10), 162 (with s. 159)