Education Act 1996, section 4

Schools: general

Part I General

[F16 (1) In this Act [F17 (subject to [F18 subsections (1A) to (1C) F18] ) F17] “school” means an educational institution which is outside the further education sector and the [F19 wider F19] higher education sector and is an institution for providing—

(a)primary education,

(b)secondary education, or

(c)both primary and secondary education,

whether or not the institution also provides [F20 part-time education suitable to the requirements of junior pupils orF20] further education.F16]

[F21 (1A)An institution which—

(a)provides only early years provision (as defined by section 96(2) of the Childcare Act 2006), and

(b)is not a maintained nursery school,

is not a school.F21]

[F22 (1B)A 16 to 19 Academy is not a school.

(1C)An alternative provision Academy is a school.F22]

(2)F24[F23 Nothing in subsection (1) shall be taken to preclude the making of arrangements under section 19(1) (exceptional educational provision) under which part-time education is to be provided at a school; and forF23] the purposes of this Act an educational institution that would fall within subsection (1) but for the fact that it provides part-time rather than full-time education shall nevertheless be treated as a school if that part-time education is provided under arrangements made under section 19(1) . . ..

(3)For the purposes of this Act an institution is outside the further education sector if it is not—

(a)M2an institution conducted by a further education corporation established under section 15 or 16 of the Further and Higher Education Act 1992, or

(b)a designated institution for the purposes of Part I of that Act (defined in section 28(4) of that Act ) [F25, or

(c)a sixth form collegeF25]

and references to institutions within that sector shall be construed accordingly.

[F26 (4)For the purposes of this Act an institution is outside the wider higher education sector if —

(a)in relation to England, it is not a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, or

(b)in relation to Wales, it is not an institution within the higher education sector within the meaning given by section 91(5) of the Further and Higher Education Act 1992;

and references to institutions within the wider higher education sector are to be construed accordingly.F26]

Definitions used in section 4 9

further education

(3) Subject to subsection (5), in this Act “further education” means—

(a)full-time and part-time education suitable to the requirements of persons who are over compulsory school age (including vocational, social, physical and recreational training) , and

(b)organised leisure-time occupation provided in connection with the provision of such education,

Defined in s.2(3) · see it in the full Act
higher education

“higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 ;

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

(1) In this Act “primary education” means—

(a)full-time or part-time education suitable to the requirements of children who have attained the age of two but are under compulsory school age;

(b)full-time education suitable to the requirements of junior pupils of compulsory school age who have not attained the age of 10 years and six months; and

(c)full-time education suitable to the requirements of junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with junior pupils within paragraph (b).

Defined in s.2(1) · see it in the full Act
secondary education

(2) In this Act “secondary education” means—

(a)full-time education suitable to the requirements of pupils of compulsory school age who are either—

(i)senior pupils, or

(ii)junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with senior pupils of compulsory school age; and

(b)(subject to subsection (5)) full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19 which is provided at a school at which education within paragraph (a) is also provided.

Defined in s.2(2) · see it in the full Act
junior pupil

“junior pupil” means a child who has not attained the age of 12; and

Defined in s.3(2) · 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
Academy

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

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

“Academy school”, “Academy order” and “alternative provision Academy” have the meanings have the meanings given by sections 1A, 1B and 1C respectively of that Act;

Defined in s.579(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

Cases considering section 4 8

LL & Anor v Telford and Wrekin Council

[2026] UKUT 128 (AAC) · 18 March 2026Defines

Defines school as an educational institution providing primary or secondary education. The definition supports treating a hub as part of a school rather than as an other institution. (see paras [17],[24]-[25],[48]) Confirms that an institution providing only part-time education may also fall within the definition of school. (see para [48])

Ali v Lord Grey School

[2004] EWCA Civ 382 · 29 March 2004Defines

Describes a school as an educational institution without giving the institution legal personality. (see para [5])

AA v London Borough of Hounslow

[2025] UKUT 226 (AAC) · 7 July 2025Defines

Defines school for the purposes of classifying institutions under the mainstream and special-school provisions. (see para [32])

What each judgment says about section 4 is in the case-law panel in the full Act.

Amendments and notes

13 notes from legislation.gov.uk

Amendments

  1. F16S. 4(1) substituted (1.9.1997) by 1997 c. 44, s. 51; S.I. 1997/1468, art. 2, Sch. 1 Pt. II
  2. F17Words in s. 4(1) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 95(2), 109(2); S.I. 2008/2261, art. 2 (with Sch. 1)
  3. F18Words in s. 4(1) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(2)(a); S.I. 2012/924, art. 2
  4. F19Word in s. 4(1) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 7(2)(a)
  5. F20Words in s. 4(1) repealed (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1
  6. F21S. 4(1A) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 95(3), 109(2); S.I. 2008/2261, art. 2 (with Sch. 1)
  7. F22S. 4(1B)(1C) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(2)(b); S.I. 2012/924, art. 2
  8. F24Words in s. 4(2) repealed (1.9.1998) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 10(b), Sch. 8; S.I. 1998/386, art. 2, Sch. 1 Pt. IV
  9. F23Words in s. 4(2) substituted (1.9.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 10(a); S.I. 1998/386, art.2, Sch. 1 Pt. IV
  10. F25S. 4(3)(c) and word inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 97 (with art. 2(3))
  11. F26S. 4(4) substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 7(2)(b)

Modifications

  1. C24S. 4(1) restricted (1.9.2000 (E.) and 1.4.2001 (W.)) by 2000 c. 21, s. 110(3) (with s. 150); S.I. 2000/2114, art. 2(3), Sch. Pt. III; S.I. 2001/1274, art. 2(1), Sch. Pt. I

Marginal citations

  1. M21992 c. 13.