Education Act 1996, section 9

Pupils to be educated in accordance with parents’ wishes

Part I General

In exercising or performing all their respective powers and duties under the Education Acts, the Secretary of [F39State and [F1 local authoritiesF1,F39]] shall have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure.

Definitions used in section 9 4

the Education Acts

In this Act “the Education Acts” means this Act together with the following Acts—

  • . . .

  • ...

  • the Education Act 1973;

  • the Education Act 1980;

  • the Education (Fees and Awards) Act 1983;

  • the Further Education Act 1985 (except sections 4 and 5);

  • the Education Act 1986;

  • the Education (No. 2) Act 1986;

  • the Education Reform Act 1988;

  • . . .

  • ...

  • the Further and Higher Education Act 1992;

  • the Education Act 1994;

  • . . .

  • ...

  • ...;

  • the Education Act 1997;

  • the Education (Schools) Act 1997;

  • . . .

  • the Teaching and Higher Education Act 1998;

  • the School Standards and Framework Act 1998 (c. 31);

  • the Education Act 2002 (c. 32) .

  • the Higher Education Act 2004 (c. 8)

  • the Education Act 2005 (c. 18)

  • the Education and Inspections Act 2006 (c. 40)

  • the Education and Skills Act 2008 (c. 25)

  • Learner Travel (Wales) Measure 2008 (nawm 2)

  • Healthy Eating in Schools (Wales) Measure 2009 (nawm 3)

  • Academies Act 2010 (c. 32)

  • Education (Wales) Measure 2011

  • Education Act 2011

  • School Standards and Organisation (Wales) Act 2013

  • Children and Families Act 2014, Pt. 3 and s. 100

  • Education (Wales) Act 2014

  • Higher Education (Wales) Act 2015

  • Qualifications Wales Act 2015

  • Additional Learning Needs and Education Tribunal (Wales) Act 2018

  • Curriculum and Assessment (Wales) Act 2021

  • Welsh Language and Education (Wales) Act 2025, Pts. 3, 4

Defined in s.578 · see it in the full Act
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
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
parent

(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

Cases considering section 9 44

London Borough of Hillingdon v AP & Anor

[2026] EWCA Civ 216 · 4 March 2026

The court declined to determine the proposed argument about avoiding unreasonable public expenditure. Because the appeal was academic, it gave no guidance on the interaction between section 9 and the cited Upper Tribunal decision (see paras [14], [18], [25]–[26]).

Chief Inspector of Education, Children's Services And Skills v The Interim Executive Board of Al-Hijrah School (Rev 2)

[2017] EWCA Civ 1426 · 13 October 2017Limits

Parental wishes in education were recognised but could not negate a child’s statutory right to non-discriminatory education. (see para [82])

Mulla v Hackney Learning Trust

[2014] EWCA Civ 397 · 2 April 2014Interprets

Section 9 requires regard to parental wishes, subject to compatibility with efficient instruction and training and the avoidance of unreasonable public expenditure. The judgment holds that public expenditure includes expenditure by any public body when the section 324(4)(b) power is exercised. (see paras [5], [16], [25])

24 more judgments, and what each says about section 9, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F39Words in s. 9 substituted (1.4.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 61 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1
  2. F1Words 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(3) (with Sch. 2 para. 7(4)(5))