Education Act 1996, section 321

General duty of local authority towards children for whom they are responsible

Part IV Special educational needs

(1)A [F6 local authorityF6] shall exercise their powers with a view to securing that, of the children for whom they are responsible, they identify those to whom subsection (2) below applies.

(2)This subsection applies to a child if—

(a)he has special educational needs, and

(b)it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.

(3)For the purposes of this Part a [F6 local authorityF6] are responsible for a child if he is in their area and—

(a)he is a registered pupil at a [F487 maintained schoolF487] [F488 or maintained nursery schoolF488] ,

F489 (b)education is provided for him at a school which is not a maintained school [F488 or maintained nursery schoolF488] but is so provided at the expense of the authority,

(c)he does not come within paragraph (a) or (b) above but is a registered pupil at a school and has been brought to the authority’s attention as having (or probably having) special educational needs, or

(d)he is not a registered pupil at a school but is not under the age of two or over compulsory school age and has been brought to their attention as having (or probably having) special educational needs.

Definitions used in section 321 8

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
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
special educational provision

“special educational provision”—

(a)

in relation to a person in the area of a local authority in England, has the meaning given by section 21(1) and (2) 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(4);

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

(4) In this Act “special educational provision” means—

(a)in relation to a child who has attained the age of two, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of his age in schools maintained by the local authority (other than special schools) . . ., and

(b)in relation to a child under that age, educational provision of any kind.

Defined in s.312(4) · see it in the full Act
registered pupil

“registered pupil”, in relation to a school, means a person registered as a pupil at the school in the register kept under this section; and

Defined in s.434(5) · 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
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

Cases considering section 321 13

Hill, R (on the application of) v Bedfordshire County Council

[2008] EWCA Civ 661 · 16 June 2008Interprets

Interprets the responsibility provisions in the context of a person over compulsory school age who is not registered at a school. A literal reading could produce anomalous results where schooling ended unexpectedly, so it did not prevent paragraph 11 procedures from applying. (see paras [12]; [88]-[96])

JG & Anor v Kent County Council & Ors

[2016] EWHC 1102 (Admin) · 13 May 2016Interprets

The court held that section 321(3) remained relevant when deciding whether responsibility had shifted to a new authority. The child had to be in the new authority’s area and satisfy one of the statutory conditions (see paras [112]-[114], [129]-[133]).

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

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

Section 321(3) identifies the children for whom a local education authority is responsible. The earlier authorities concerned responsibility and appeal rights, not extension of the separate age requirement in section 312(5) (see paras [26]-[27]).

1 more judgment, and what each says about section 321, are in the case-law panel in the full Act.

Amendments and notes

4 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. F487Words in s. 321(3)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 76(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), SCh. 1
  3. F488Words in s. 321(3)(a)(b) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 42 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.
  4. F489S. 321(3)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 76(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1