Education Act 1996, section 406

Political indoctrination

Part V The Curriculum

(1)The [F6local authorityF6] , governing body and head teacher shall forbid—

(a)the pursuit of partisan political activities by any of those registered pupils at a maintained school who are junior pupils, and

(b)the promotion of partisan political views—

[F747 (i)F747] in the teaching of any subject in the school[F748 (in the case of a school in England), orF748]

[F749 (ii)in the teaching of any aspect of a curriculum provided in the school under the Curriculum and Assessment (Wales) Act 2021 (in the case of a school in Wales)F749]

(2)In the case of activities which take place otherwise than on the school premises, subsection (1)(a) applies only where arrangements for junior pupils to take part in the activities are made by—

(a)any member of the school’s staff (in his capacity as such), or

(b)anyone acting on behalf of the school or of a member of the school’s staff (in his capacity as such).

(3) In this section “maintained school” includes [F750 a community or foundation special school F750] established in a hospital.

Definitions used in section 406 6

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
head teacher

“head teacher” includes acting head teacher;

Defined in s.579(1) · 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
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
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
premises

“premises”, in relation to a school, includes any detached playing fields but, except where otherwise expressly provided, does not include a teacher’s dwelling-house;

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

Cases considering section 406 4

Cage Advocacy UK Limited, R (on the application of) v Secretary of State for Education

[2022] EWHC 2373 (Admin) · 7 July 2022

The court applied the prohibition on partisan political activity and promotion of partisan political views. It held that the letter, fairly read, reminded schools of that duty and did not breach it. (see paras [7]-[15])

“L” (R on the application of) v HAMPSHIRE COUNTY COUNCIL

[2022] EWHC 49 (Admin) · 13 January 2022Interprets

Interprets section 406 as prohibiting political indoctrination. The sample lessons did not cross that threshold and therefore did not make the Guidance unlawful. (see paras [23]-[26])

Dimmock v Secretary of State for Education & Skills

[2007] EWHC 2288 (Admin) · 10 October 2007Interprets

The court interprets section 406 as prohibiting political indoctrination rather than the mere presentation of partisan material. Distribution of a partisan film is not inherently unlawful where teachers present it with suitable context, tuition and debate. The Defendant’s inadequate original guidance would have caused a breach, while the amended guidance avoided one (see paras [12]; [19]; [44]-[45]).

What each judgment says about section 406 is in the case-law panel in the full Act.

Amendments and notes

5 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. F747Words in s. 406(1)(b) renumbered as s. 406(1)(b)(i) (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes, 1.9.2026 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(5)(a) text renumbered for certain specified purposes only, see the commentary.
  3. F748Words in s. 406(1)(b)(i) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(5)(b) text inserted for certain specified purposes only, see the commentary.
  4. F749S. 406(1)(b)(ii) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(5)(c) text inserted for certain specified purposes only, see the commentary.
  5. F750Words in s. 406(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.104 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1