Education Act 1996, section 8

Compulsory school age

Part I General

(1)Subsections (2) and (3) apply to determine for the purposes of any enactment whether a person is of compulsory school age.

[F37 (2)A person begins to be of compulsory school age—

(a)when he attains the age of five, if he attains that age on a prescribed day, and

(b)otherwise at the beginning of the prescribed day next following his attaining that age.F37]

(3)A person ceases to be of compulsory school age at the end of the day which is the school leaving date for any calendar year—

(a)if he attains the age of 16 after that day but before the beginning of the school year next following,

(b)if he attains that age on that day, or

(c)(unless paragraph (a) applies) if that day is the school leaving date next following his attaining that age.

[F38 (4)The Secretary of State may by order—

(a)provide that such days in the year as are specified in the order shall be, for each calendar year, prescribed days for the purposes of subsection (2);

(b)determine the day in any calendar year which is to be the school leaving date for that year.F38]

Definitions used in section 8 3

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
prescribed

(2) In sections 436C, 436E, 436F, 436I and paragraph 5 of Schedule 31A “prescribed” means—

(a)prescribed by regulations made by the Secretary of State in relation to England, and

(b)prescribed by regulations made by the Welsh Ministers in relation to Wales.

Defined in s.436S(2) · see it in the full Act

“prescribed” (except in Chapter 5A) means prescribed by regulations;

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

“school year”, in relation to a school, means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July;

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

Cases considering section 8 11

Drexler, R (On the Application Of) v Leicestershire County Council

[2020] EWCA Civ 502 · 7 April 2020Defines

The statutory definition of compulsory school age supplied the principal age boundary used in assessing justification. The court treated the distinction at age 16 as material to the proportionality analysis. (see paras [15]; [77]-[81])

AOJ, R (on the application of) v London Borough of Islington

[2024] EWHC 427 (Admin) · 28 February 2024Defines

Provides the rules determining when an individual is of compulsory school age, which are imported into Part 3 through section 83(7) of the Children and Families Act 2014. (see para [13])

Secretary of State for Work and Pensions v BC

[2023] UKUT 10 (AAC) · 6 January 2023

Section 8(3) was applied to identify when a person ceases to be of compulsory school age, namely at the end of the relevant school-leaving date. (see para [17])

What each judgment says about section 8 is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F37S. 8(2) substituted (1.8.1998) by 1997 c. 44, s. 52(2); S.I. 1998/386, art. 2, Sch. 1 Pt.III
  2. F38S. 8(4) substituted (1.8.1998) by 1997 c. 44, s. 52(3); S.I. 1998/386, art. 2, Sch. 1 Pt. III