Education Act 1996, section 407

Duty to secure balanced treatment of political issues

Part V The Curriculum

(1)The [F6local authorityF6] , governing body and head teacher shall take such steps as are reasonably practicable to secure that where political issues are brought to the attention of pupils while they are—

(a)in attendance at a maintained school, or

(b)taking part in extra-curricular activities which are provided or organised for registered pupils at the school by or on behalf of the school,

they are offered a balanced presentation of opposing views.

(2) In this section “maintained school” includes [F751 a community or foundation special school F751] established in a hospital.

Definitions used in section 407 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
head teacher

“head teacher” includes acting head teacher;

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

(3) The definition of “pupil” in subsections (1) and (1A) also apply (unless the context otherwise requires) for the purposes of any instrument made or having effect as if made under the Education Acts.

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

(1) In this Act “pupil” means a person for whom education is being provided at a school, other than—

(a)a person who has attained the age of 19 for whom further education is being provided, or

(b)a person for whom part-time education suitable to the requirements of persons of any age over compulsory school age is being provided.

Defined in s.3(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
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 407 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 duty to secure balanced presentation of opposing political views. It held that the guidance was consistent with that duty and did not prevent balanced teaching about the Israeli-Palestinian conflict. (see paras [7]-[15])

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

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

Interprets section 407 as not requiring teachers to mention every competing opinion on a disputed subject. The Guidance did not authorise or approve unlawful teaching or fail to secure balanced treatment. (see paras [23]-[29])

Dimmock v Secretary of State for Education & Skills

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

The court interprets section 407 as requiring a fair and dispassionate presentation of opposing political views, not equal time or identical weight. Adequate guidance was required to identify material errors and facilitate informed discussion. The amended Guidance Note satisfied the duty (see paras [14]-[16]; [34]-[40]; [44]-[45]).

What each judgment says about section 407 is in the case-law panel in the full Act.

Amendments and notes

2 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. F751Words in s. 407(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.105 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1