Duty of parents to secure education of children of compulsory school age
Part I General
The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable—
(a)to his age, ability and aptitude, and
(b)to any special educational needs[F36 (in the case of a child who is in the area of a local authority in England) or additional learning needs (in the case of a child who is in the area of a local authority in Wales)F36] he may have,
either by regular attendance at school or otherwise.
(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,
Defined in s.576(1) · see it in the full Act“child” means a person who is not over compulsory school age;
Defined in s.579(1) · see it in the full Act(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“special educational needs”—
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;
in relation to a child in the area of a local authority in Wales, has the meaning given by section 312;
(3C) The Welsh Ministers may make further provision by regulations about the meaning of references in this Act to a person who is “in the area” of a local authority in Wales.
Defined in s.579(3C) · see it in the full Act(3B) References in this Act to a person who is “in the area” of a local authority in Wales do not include a person who is wholly or mainly resident in the area of a local authority in England or who would be wholly or mainly resident in the area of a local authority in England were it not for provision secured for the person under Part 3 of the Children and Families Act 2014 .
Defined in s.579(3B) · see it in the full Act(3A) References in this Act to a person who is “in the area” of a local authority in England do not include a person who is wholly or mainly resident in the area of a local authority in Wales or who would be wholly or mainly resident in the area of a local authority in Wales were it not for provision secured for the person under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 .
Defined in s.579(3A) · see it in the full Act“local authority in England” means—
a county council in England;
a metropolitan district council;
a non-metropolitan district council for an area for which there is no county council;
a London borough council; and
the Common Council of the City of London (in their capacity as a local authority);
“additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ;
Defined in s.579(1) · see it in the full Act“local authority in Wales” means—
a county council in Wales; and
a county borough council;
The primary duty to secure a child’s suitable full-time education, through school attendance or otherwise, rests on the parents. This supports the conclusion that parents dissatisfied with an available suitable school must arrange an alternative. (see paras [27]; [44])
Applies the statutory duty to provide suitable and sufficient full-time education to children of compulsory school age. The duty supported the conclusion that education formed part of the secure placement and Article 5(1)(d) justification. (see paras [36]; [65]; [95])
Section 7 was interpreted as requiring parents to secure efficient, suitable and full-time education for children of compulsory school age, whether at school or otherwise. Home education therefore remains subject to a full-time requirement. (see paras [10]-[16]; [30])
9 more judgments, and what each says about section 7, are in the case-law panel in the full Act.