Education Act 1996, section 576

Meaning of “parent”

Part X Miscellaneous and general

(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,

except that in [F1494section 499(8)F1494] it only includes such a person if he is an individual.

F1495(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) M27 In subsection (1) “parental responsibility” has the same meaning as in the Children Act 1989 .

(4)In determining for the purposes of subsection (1) whether an individual has care of a child or young person, any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded.

Definitions used in section 576 3

child

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

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

“young person” means a person over compulsory school age but under the age of 18.

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 576 3

X County Council v DW & Ors

[2005] EWHC 162 (Fam) · 11 February 2005Defines

Defines “parent” for the purposes of the Education Act 1996 to include a person with parental responsibility or care of the child. The definition supports the conclusion that the local authority is a parent for section 326 purposes (see para [6]). Confirms that “parental responsibility” in section 576(1) has the same meaning as in the <span class="legis">Children Act 1989</span>. This supports the statutory classification of the local authority as a parent for section 326 (see para [6]).

SG v Denbighshire County Council & Anor

[2016] UKUT 460 (AAC) · 6 October 2016Defines

The court applied the definition of parent to confirm that the father was a parent for education-legislation purposes. (see paras [23]; [29])

A and B (Contact) (No 4)

[2015] EWHC 2839 (Fam) · 14 October 2015

Applies the statutory definition of parent in determining access to educational records at maintained schools. The provision supported the conclusion that a parent may request access, subject to stated exceptions. (see para [39])

What each judgment says about section 576 is in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F1494Words in s. 576(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 180(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
  2. F1495S. 576(2) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 180(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Modifications

  1. C279S. 576 excluded (1.1.2014) by The Education (Information About Individual Pupils) (England) Regulations 2013 (S.I. 2013/2094), reg. 1(1), Sch. 1 para. 18(3)
  2. C280S. 576 applied (24.7.1998) by 1998 c. 31, ss. 142(10), 145(4) (with ss. 138(9), 144(6))
  3. C281S. 576 applied (1.9.2001) by S.I. 2001/600, reg. 30(10)

Marginal citations

  1. M271989 c. 41.