Education Act 1996

Part VI E+W School admissions, attendance and charges

Chapter I E+W [F1 Admission, registration and withdrawal of pupils]

Textual Amendments

F1 Words in cross-heading substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.108 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 2

Parental preferences E+W

F2 411 Parental preferences. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 411 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 2, 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)) and in S.I. 1999/2800, reg. 8(3)(4)); S.I. 1999/1016, art. 2(3), Sch. 3

F3 411A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F3 S. 411A repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 2, 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)), and in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3

Admission arrangements for county and voluntary schools E+W

F4 412 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F4 S. 412 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3

F5 413 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F5 S. 413 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 11, 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)) and in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3

F6 413A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F6 S. 413A repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) subject to savings in S.I. 1999/1016, Sch. 4 para. 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)) and in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3

F7 413B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F7 S. 413B repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)) and in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3

F8 414 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F8 S. 414 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)) and in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3

Admission numbers for county and voluntary schools E+W

F9 415 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 S. 415 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 11); S.,I. 1999/1016, art. 2(3), Sch. 3.

F10 416 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 S. 416 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3.

F11 417 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F11 S. 417 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3.

F12 418 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F12 S. 418 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3

F13 419 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F13 S. 419 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3.

F14 420 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F14 S. 420 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 6); S.I. 1999/1016, art. 2(3), Sch. 3.

F15 421 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F15 S. 421 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3.

F16 421A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F16 S. 421A repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3

New county and voluntary schools E+W

F17 422 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F17 S. 422 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 11, 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)), and savings in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3.

Admissions appeals relating to county and voluntary schools E+W

F18 423 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F18 S. 423 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 8, 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)) and in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3

F19 423A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F19 S. 423A repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 8, 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)) and in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3

Nursery and special schools, etc. E+W

F20 424 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F20 S. 424 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 11); S.I. 1999/1016, art. 2(3), Sch. 3.

Admission arrangements for grant-maintained schools E+W

F21 425 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F21 S. 425 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3.

F22 425A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F22 S. 425A repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 8, 11); S.I. 1999/1016, art. 2(3), Sch. 3.

F23 425B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F23 S. 425B repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 2); S.I. 1999/1016, art. 2(3), Sch. 3

Admission numbers for grant-maintained schools E+W

F24 426 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F24 S. 426 repealed (1.4.1999 to the extent of the repeal of s. 426(6) and 1.9.1999 to the extent of the repeal of s. 426(1)-(5)) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 7); S.I. 1999/1016, art. 2(1)(3), Sch. 1, Sch. 3

F25 426A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F25 S. 426A repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9),144(6); S.I. 1999/1016, art. 2(3), Sch. 3

F26 427 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F26 S. 427 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3.

F27 428 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F27 S. 428 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1.

Admissions appeals relating to grant-maintained schools E+W

F28 429 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F28 S. 429 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 8, 11);,S.I. 1999/1016, art. 2(3), Sch. 3.

Co-ordinated arrangements for admissions E+W

F29 430 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F29 S. 430 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 2, 11); S.I. 1999/1016, art. 2(3), Sch. 3.

Power to direct admission of child to school E+W

F30 431 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F30 S. 431 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 10, 11); S.I. 1999/1016, art. 2(1), Sch. 1.

F31 432 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F31 S. 432 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 10); S.I. 1999/1016, art. 2(1), Sch. 1.

Time for admission of pupils E+W

433 Time for admission of pupils. E+W

(1) Section 14 (which requires a local education authority to secure that sufficient schools for providing primary and secondary education are available for their area) shall not be construed as imposing any obligation on the proprietor of a school to admit children as pupils otherwise than at the beginning of a school term.

(2) Where, however, a child was prevented from entering a school at the beginning of a term—

(a) by his being ill or by other circumstances beyond his parent’s control, or

(b) by his parent’s having been then resident at a place from which the school was not accessible with reasonable facility,

the school’s proprietor is not entitled by virtue of subsection (1) to refuse to admit him as a pupil during the currency of the term.

(3) In cases where subsection (2) does not apply, the governing body of a school maintained by a local education authority shall comply with any general directions given by the authority as to the time of admission of children as pupils.

F32 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Despite section 7 (duty of parent of child of compulsory school age to cause him to receive full-time education), a parent is not under a duty to cause a child to receive full-time education during any period during which, having regard to subsections (1) and (2), it is not practicable for the parent to arrange for him to be admitted as a pupil at a school.

Textual Amendments

F32 S. 433(4) repealed (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 110, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch.1 Pt. I.

Registration of pupils E+W

434 Registration of pupils. E+W

(1) The proprietor of a school shall cause to be kept, in accordance with regulations, a register containing the prescribed particulars in respect of all persons who are pupils at the school.

(2) Without prejudice to the generality of subsection (1), the prescribed particulars shall include particulars of the name and address of every person known to the proprietor to be a parent of a pupil at the school.

(3) The regulations shall prescribe the grounds on which names are to be deleted from a register kept under this section; and the name of a person entered in such a register as a pupil at a school—

(a) shall, when any of the prescribed grounds is applicable, be deleted from the register on that ground; and

(b) shall not be deleted from the register otherwise than on any such ground.

(4) The regulations may make provision—

(a) for enabling registers kept under this section to be inspected;

(b) for enabling extracts from such registers to be taken for the purposes of this Act by persons authorised to do so under the regulations; and

(c) for requiring the person by whom any such register is required to be kept to make to—

(i) the Secretary of State, [F33 and]

F34 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) local education authorities,

such periodical or other returns as to the contents of the register as may be prescribed.

(5) In this Act—

• “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

• “registered”, in relation to the parents of pupils at a school or in relation to the names or addresses of such parents or pupils, means shown in that register.

(6) A person who contravenes or fails to comply with any requirement imposed on him by regulations under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Textual Amendments

F33 Word in s. 434(4)(c)(i) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 111(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F34 S. 434(4)(c)(ii) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 111(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Withdrawal of pupils from primary school for secondary education E+W

435 Withdrawal of pupils from a primary school for secondary education. E+W

A local education authority may make arrangements in respect of a primary school maintained by them (other than one that is for the time being organised for the provision of both primary and secondary education) under which any registered pupils who are under the age of 12 but have attained the age of 10 years and six months may be required to be withdrawn from the school for the purpose of receiving secondary education.

Supplementary E+W

F35 436 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F35 S. 436 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 112, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 11); S.I. 1999/2323, art. 2(1), Sch. 1.

Chapter II E+W School attendance

[F36 Children not receiving suitable education E+W

Textual Amendments

F36 S. 436A and cross-heading inserted (27.2.2007 for E., 1.9.2009 for W.) by Education and Inspections Act 2006 (c. 40), ss. 4(1), 188(3); S.I. 2006/3400, art. 6(a); S.I. 2009/1027, art. 3(a)

436A Duty to make arrangements to identify children not receiving education E+W

(1) A local education authority must make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are of compulsory school age but—

(a) are not registered pupils at a school, and

(b) are not receiving suitable education otherwise than at a school.

(2) In exercising their functions under this section a local education authority must have regard to any guidance given from time to time by the Secretary of State.

(3) In this Chapter, “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.]

School attendance orders E+W

437 School attendance orders. E+W

(1) If it appears to a local education authority that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education.

(2) That period shall not be less than 15 days beginning with the day on which the notice is served.

(3) If—

(a) a parent on whom a notice has been served under subsection (1) fails to satisfy the local education authority, within the period specified in the notice, that the child is receiving suitable education, and

(b) in the opinion of the authority it is expedient that the child should attend school,

the authority shall serve on the parent an order (referred to in this Act as a “school attendance order”), in such form as may be prescribed, requiring him to cause the child to become a registered pupil at a school named in the order.

(4) A school attendance order shall (subject to any amendment made by the local education authority) continue in force for so long as the child is of compulsory school age, unless—

(a) it is revoked by the authority, or

(b) a direction is made in respect of it under section 443(2) or 447(5).

(5) Where a maintained F37 . . . school is named in a school attendance order, the local education authority shall inform the governing body and the head teacher.

(6) Where a maintained F37 . . . school is named in a school attendance order, the governing body (and, in the case of a maintained school, the local education authority) shall admit the child to the school.

(7) Subsection (6) does not affect any power to exclude from a school a pupil who is already a registered pupil there.

(8) In this Chapter—

• [F38 “maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital; and]

• F39 ...

Textual Amendments

F37 Words in s. 437(5)(6) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 113(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F38 Definition substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 113(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F39 Words in s. 437(8) repealed (27.2.2007 for E., 1.9.2009 for W.) by Education and Inspections Act 2006 (c. 40), ss. 4(2), 188(3), Sch. 18 Pt. 6; S.I. 2006/3400, art. 6(a)(g); S.I. 2009/1027, art. 3(a)(d)

438 Choice of school: child without statement of special educational needs. E+W

(1) This section applies where a local education authority are required by virtue of section 437(3) to serve a school attendance order in respect of a child, other than a child for whom they maintain a statement under section 324.

(2) Before serving the order, the authority shall serve on the parent a notice in writing—

(a) informing him of their intention to serve the order,

(b) specifying the school which the authority intend to name in the order and, if they think fit, one or more other schools which they regard as suitable alternatives, and

(c) stating the effect of subsections (3) to (6).

(3) If the notice specifies one or more alternative schools and the parent selects one of them within the period of 15 days beginning with the day on which the notice is served, the school selected by him shall be named in the order.

(4) If—

F40 [(a) within the period mentioned in subsection (3) the parent applies for the child to be admitted to a school maintained by a local education authority and, where that authority are not the authority by whom the notice was served, notifies the latter authority of the application, and]

(b) the child is offered a place at the school as a result of the application,

that school shall be named in the order.

F41 [(5) If—

(a) within the period mentioned in subsection (3), the parent applies to the local education authority by whom the notice was served for education to be provided at a school which is not a school maintained by a local education authority, and

(b) the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school,

that school shall be named in the order.]

(6) If, within the period mentioned in subsection (3)—

(a) the parent—

(i) applies for the child to be admitted to a school which is not maintained by a local education authority F42 . . ., and in respect of which no application is made under subsection (5), and

(ii) notifies the local education authority by whom the notice was served of the application,

(b) the child is offered a place at the school as a result of the application, and

(c) the school is suitable to his age, ability and aptitude and to any special educational needs he may have,

that school shall be named in the order.

Textual Amendments

F40 S. 438(4)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 114(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F41 S. 438(5) substituted (1.9.1999 for certain purposes, otherwise prosp.) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para. 114(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F42 Words in s. 438(6)(a)(i) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 114(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

439 Specification of schools in notices under section 438(2). E+W

(1) Subject to subsection (3), a local education authority shall not, if it appears to them that subsection (2) applies in relation to any school, specify the school in a notice under section 438(2) unless they are responsible for determining the arrangements for the admission of pupils to the school.

(2) This subsection applies where, if the child concerned were admitted to the school in accordance with a school attendance order resulting from the notice, the number of pupils at the school in the child’s age group would exceed the number [F43 [F44 determined in accordance with section 89 of the School Standards and Framework Act 1998 (determination of admission numbers)]) as the number] of pupils in that age group which it is intended to admit to the school in the school year in which he would be admitted.

(3) Subsection (1) does not prevent a local education authority specifying in a notice under section 438(2) any maintained F45 . . . school if—

(a) there is no maintained F45 . . . school in their area which—

(i) the authority are not (apart from this subsection) prevented by subsection (1) from specifying, and

(ii) is, in the opinion of the authority, a reasonable distance from the home of the child concerned, and

(b) in the opinion of the authority, the school in question is a reasonable distance from the home of the child concerned.

(4) A local education authority shall not specify in a notice under section 438(2) a school from which the child concerned is permanently excluded.

F46 [(4A) A local education authority shall not specify a school in a notice under section 438(2) if the admission of the child concerned would result in prejudice of the kind referred to in section 86(3)(a) of the School Standards and Framework Act 1998 (parental preferences) by reason of measures required to be taken as mentioned in subsection (4) of that section.]

(5) Before deciding to specify a particular maintained F45 . . . school in a notice under section 438(2) a local education authority shall consult—

(a) the governing body, and

(b) if another local education authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.

(6) Where a local education authority decide to specify a particular maintained F45 . . .school in a notice under section 438(2) they shall, before serving the notice, serve notice in writing of their decision on—

(a) the governing body and head teacher of the school, and

(b) if another local education authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.

(7) A governing body or local education authority on whom notice is served under subsection (6) may, within the period of 15 days beginning with the day on which the notice was received, apply to the Secretary of State for a direction under this section and, if they do so, shall inform the local education authority which served the notice.

(8) Where the Secretary of State gives a direction under this section, the school or schools to be specified in the notice under section 438(2) shall be determined in accordance with the direction.

Textual Amendments

F43 Words in s. 439(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 115(2) (with ss. 138(9), 144(6)); S.I. 1999/2323, ar. 2(1), Sch. 1

F44 Words in s. 439(2) substituted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 14 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 310); S.I. 2006/172, art. 4, Sch.

F45 Words in s. 439(3)(5)(6) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 115(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F46 S. 439(4A) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 115(4) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1 S. 439 modified (temp. from 1.9.1998) by S.I. 1998/1948, reg. 3, Sch. para. 8

C2 S. 439 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(a), 2-8

s. 439 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8

C3 S. 439 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(a)

C4 S. 439 applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))

C5 S. 439(2) transitional provisions for effects of 2002 c. 32, Sch. 4 para. 14 (W.) (1.2.2006) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2006 (S.I. 2006/173), regs. 1(1), 9

440 Amendment of order at request of parent: child without statement of special educational needs. E+W

(1) This section applies where a school attendance order is in force in respect of a child, other than a child for whom the local education authority maintain a statement under section 324.

(2) If at any time—

(a) the parent applies for the child to be admitted to a school maintained by a local education authority F47 . . .which is different from the school named in the order,

(b) the child is offered a place at the school as a result of the application, and

(c) the parent requests the local education authority by whom the order was served to amend it by substituting that school for the one currently named,

the authority shall comply with the request.

(3) If at any time—

F48 [(a) the parent applies to the authority for education to be provided for the child at a school which is not a school maintained by a local education authority and which is different from the school named in the order,

(b) the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school, and]

(c) the parent requests the authority to amend the order by substituting that school for the one currently named,

the authority shall comply with the request.

(4) If at any time—

(a) the parent applies for the child to be admitted to a school which is not maintained by a local education authority F49 . . ., which is different from the school named in the order and in respect of which no application is made under subsection (3),

(b) as a result of the application, the child is offered a place at the school, being a school which is suitable to his age, ability and aptitude and to any special educational needs he may have, and

(c) the parent requests the authority to amend the order by substituting that school for the one currently named,

the authority shall comply with the request.

Textual Amendments

F47 Words in S. 440(2)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 116(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F48 S. 440(3)(a)(b) substituted (1.9.1999 for certain purposes, otherwise prosp.) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para. 116(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F49 Words in S. 440(4)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 116(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

441 Choice of school: child with statement of special educational needs. E+W

(1) Subsections (2) and (3) apply where a local education authority are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom they maintain a statement under section 324.

(2) Where the statement specifies the name of a school, that school shall be named in the order.

(3) Where the statement does not specify the name of a school—

(a) the authority shall, F50 . . ., amend the statement so that it specifies the name of a school, and

(b) that school shall then be named in the order.

[F51 (3A) An amendment to a statement required to be made under subsection (3)(a) shall be treated for the purposes of Schedule 27 as if it were an amendment proposed following a periodic review (within the meaning of that Schedule).]

(4) Where—

(a) a school attendance order is in force in respect of a child for whom the local education authority maintain a statement under section 324, and

(b) the name of the school specified in the statement is changed,

the local education authority shall amend the order accordingly.

Textual Amendments

F50 Words in s. 441(3)(a) repealed (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1)(6), Sch. 8 para. 15(2), Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F51 S. 441(3A) inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 15(3) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

442 Revocation of order at request of parent. E+W

(1) This section applies where a school attendance order is in force in respect of a child.

(2) If at any time the parent applies to the local education authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education otherwise than at school, the authority shall comply with the request, unless they are of the opinion that no satisfactory arrangements have been made for the education of the child otherwise than at school.

(3) If a parent is aggrieved by a refusal of the local education authority to comply with a request under subsection (2), he may refer the question to the Secretary of State.

(4) Where a question is referred to the Secretary of State under subsection (3), he shall give such direction determining the question as he thinks fit.

(5) Where the child in question is one for whom the authority maintain a statement under section 324—

(a) subsections (2) to (4) do not apply if the name of a school or other institution is specified in the statement, and

(b) in any other case a direction under subsection (4) may require the authority to make such amendments in the statement as the Secretary of State considers necessary or expedient in consequence of his determination.

School attendance: offences and education supervision orders E+W

443 Offence: failure to comply with school attendance order. E+W

(1) If a parent on whom a school attendance order is served fails to comply with the requirements of the order, he is guilty of an offence, unless he proves that he is causing the child to receive suitable education otherwise than at school.

(2) If, in proceedings for an offence under this section, the parent is acquitted, the court may direct that the school attendance order shall cease to be in force.

(3) A direction under subsection (2) does not affect the duty of the local education authority to take further action under section 437 if at any time the authority are of the opinion that, having regard to any change of circumstances, it is expedient to do so.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

444 Offence: failure to secure regular attendance at school of registered pupil. E+W

(1) If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence.

[F52 (1A) If in the circumstances mentioned in subsection (1) the parent knows that his child is failing to attend regularly at the school and fails F53 ... to cause him to do so, he is guilty of an offence.]

[F54 (1B) It is a defence for a person charged with an offence under subsection (1A) to prove that he had a reasonable justification for his failure to cause the child to attend regularly at the school.]

(2) Subsections [F55 (2A)] to (6) below apply in proceedings for an offence under this section in respect of a child who is not a boarder at the school at which he is a registered pupil.

[F56 (2A) The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school at any time if the parent proves that at that time the child was prevented from attending by reason of sickness or any unavoidable cause.]

(3) The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school—

(a) with leave, [F57 or]

F58 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) on any day exclusively set apart for religious observance by the religious body to which his parent belongs.

[F59 (3A) Subsections (3B) and (3D) apply where the child's home is in England.

(3B) The child shall not be taken to have failed to attend regularly at the school if the parent proves that—

(a) the local education authority have a duty to make travel arrangements in relation to the child under section 508B(1) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty, or

(b) the local education authority have a duty to make travel arrangements in relation to the child by virtue of subsection (2)(c) of section 508E (school travel schemes) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty.

(3C) For the purposes of subsection (3B)—

(a) the reference to “travel arrangements” in paragraph (a) has the same meaning as in section 508B, and

(b) the reference to “travel arrangements” in paragraph (b) has the same meaning as in paragraph 3 of Schedule 35C.

(3D) Where the school is an independent school which is not a qualifying school, the child shall not be taken to have failed to attend regularly at the school if the parent proves—

(a) that the school is not within walking distance of the child's home,

(b) that no suitable arrangements have been made by the local education authority for boarding accommodation for him at or near the school, and

(c) that no suitable arrangements have been made by the local education authority for enabling him to become a registered pupil at a qualifying school nearer to his home.

(3E) For the purposes of subsection (3D), “qualifying school” has the same meaning as it has for the purposes of Schedule 35B (meaning of “eligible child” for the purposes of section 508B).

(3F) Subsection (4) applies where the child's home is in Wales.]

(4) The child shall not be taken to have failed to attend regularly at the school if the parent proves—

(a) that the school at which the child is a registered pupil is not within walking distance of the child’s home, and

(b) that no suitable arrangements have been made by the local education authority F60 . . . for any of the following—

(i) his transport to and from the school,

(ii) boarding accommodation for him at or near the school, or

(iii) enabling him to become a registered pupil at a school nearer to his home.

(5) In [F61 subsections (3D) and (4)] “walking distance”—

(a) in relation to a child who is under the age of eight, means 3.218688 kilometres (two miles), and

(b) in relation to a child who has attained the age of eight, means 4.828032 kilometres (three miles),

in each case measured by the nearest available route.

(6) If it is proved that the child has no fixed abode, [F62 subsections (3B), (3D) and (4)] shall not apply, but [F63 it is a defence for the parent to prove] —

(a) that he is engaged in a trade or business of such a nature as to require him to travel from place to place,

(b) that the child has attended at a school as a registered pupil as regularly as the nature of that trade or business permits, and

(c) if the child has attained the age of six, that he has made at least 200 attendances during the period of 12 months ending with the date on which the proceedings were instituted.

(7) In proceedings for an offence under this section in respect of a child who is a boarder at the school at which he is a registered pupil, the child shall be taken to have failed to attend regularly at the school if he is absent from it without leave during any part of the school term [F64 unless the parent proves that at that time the child was] prevented from being present by reason of sickness or any unavoidable cause.

[F65 (7A) Where—

(a) a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a school in England which is—

(i) a maintained school,

(ii) a pupil referral unit,

(iii) an Academy,

(iv) a city technology college, or

(v) a city college for the technology of the arts,

(b) he remains for the time being a registered pupil at the school,

(c) the appropriate authority make arrangements for the provision of full-time education for him at the school during the period of exclusion, and

(d) notice in writing of the arrangements has been given to the child's parent,

the exclusion does not affect the application of subsections (1) to (7) to the child's attendance at the school on any day to which the arrangements relate.

(7B) In subsection (7A)(c) “the appropriate authority” means—

(a) in relation to a maintained school, the governing body of the school,

(b) in relation to a pupil referral unit, the local education authority, and

(c) in relation to any school mentioned in subsection (7A)(a)(iii) to (v), the proprietor of the school.]

(8) A person guilty of an offence under [F66 subsection (1)] is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F67 (8A) A person guilty of an offence under subsection (1A) is liable on summary conviction—

(a) to a fine not exceeding level 4 on the standard scale, or

(b) to imprisonment for a term not exceeding three months,

or both.

(8B) If, on the trial of an offence under subsection (1A), the court finds the defendant not guilty of that offence but is satisfied that he is guilty of an offence under subsection (1), the court may find him guilty of that offence.]

(9) In this section “leave”, in relation to a school, means leave granted by any person authorised to do so by the governing body or proprietor of the school.

Textual Amendments

F52 S. 444(1A) inserted (1.3.2001) by 2000 c. 43, s. 72(1)(a)(2); S.I. 2001/562, art. 2

F53 Words in s. 444(1A) repealed (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(1), 188(1), Sch. 18 Pt. 1 (with s. 109(11))

F54 S. 444(1B) inserted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(2), 188(1) (with s. 109(11))

F55 Word in s. 444(2) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(3), 188(1) (with s. 109(11))

F56 S. 444(2A) inserted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(4), 188(1) (with s. 109(11))

F57 Word in s. 444(3)(a) inserted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(5)(a), 188(1) (with s. 109(11))

F58 S. 444(3)(b) repealed (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(5)(b), 188(1), Sch. 18 Pt. 1 (with s. 109(11))

F59 S. 444(3A)-(3F) inserted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 82(2), 188(3) (with s. 82(5)); S.I. 2007/1801, art. 4(d)

F60 Words in S. 444(4)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 117, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F61 Words in s. 444(5) substituted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 82(3), 188(3) (with s. 82(5)); S.I. 2007/1801, art. 4(d)

F62 Words in s. 444(6) substituted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 82(4), 188(3) (with s. 82(5)); S.I. 2007/1801, art. 4(d)

F63 Words in s. 444(6) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(6), 188(1) (with s. 109(11))

F64 Words in s. 444(7) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(7), 188(1) (with s. 109(11))

F65 S. 444(7A)(7B) inserted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 109(8), 188(3) (with s. 109(11)); S.I. 2007/1801, art. 4(i)

F66 Words in s. 444(8) substituted (1.3.2001) by 2000 c. 43, s. 72(1)(b)(2); S.I. 2001/562, art. 2

F67 S. 444(8A)(8B) inserted (1.3.2001) by 2000 c. 43, s. 72(1)(c)(2); S.I. 2001/562, art. 2

[F68 444ZA Application of section 444 to alternative educational provision E+W

(1) Where, in the case of a child of compulsory school age who is not a registered pupil at any school—

(a) a local education authority has made arrangements under section 19 for the provision of education for him otherwise than at a school or at his home, and

(b) notice in writing of the arrangements has been given to the child's parent,

subsections (1) to (7) of section 444 have effect as if the place at which the education is provided were a school and the child were a registered pupil at that school.

(2) Where—

(a) a child of compulsory school age has been excluded from a relevant school,

(b) he remains for the time being a registered pupil at the school,

(c) he is required by the appropriate authority for the school to attend at a place outside the school premises for the purpose of receiving any instruction or training, and

(d) notice in writing of the requirement has been given to the child's parent,

subsections (1) to (7) of section 444 have effect as if the place at which the child is required to attend were a school and the child were a registered pupil at that school (and not at the school mentioned in paragraph (b)).

(3) In relation to a maintained school or a pupil referral unit—

(a) the reference in subsection (2)(a) to exclusion is a reference to exclusion under section 52 of the Education Act 2002, and

(b) the requirement referred to in subsection (2)(c) is a requirement imposed under section 29(3) of that Act.

(4) A child shall not be taken to have failed to attend regularly—

(a) in a case falling within subsection (1), at the place at which education is provided for him, or

(b) in a case falling within subsection (2), at the place at which he is required to attend,

unless he has failed to attend regularly since the giving of the notice mentioned in subsection (1)(b) or (2)(d).

(5) Section 572, which provides for the methods by which notices may be served under this Act, does not preclude the notice mentioned in subsection (1)(b) or (2)(d) from being given to a child's parent by any other effective method.

(6) In proceedings for an offence under section 444 in a case falling within subsection (1) of this section, [F69 it is a defence for the parent to prove] that the child is receiving suitable education otherwise than by regular attendance at a school or at the place mentioned in subsection (1).

(7) In section 444 “leave”—

(a) in relation to a place at which education is provided as mentioned in subsection (1) of this section, means leave granted by any person authorised to do so by the local education authority;

(b) in relation to a place at which a child is required to attend as mentioned in subsection (2)(c) of this section, means leave granted by any person authorised to do so by the appropriate authority for the school.

(8) In this section—

(a) “relevant school” means—

(i) a maintained school,

(ii) a pupil referral unit,

(iii) an Academy,

(iv) a city technology college, or

(v) a city college for the technology of the arts;

(b) “appropriate authority” means—

(i) in relation to a maintained school, the governing body,

(ii) in relation to a pupil referral unit, the local education authority, and

(iii) in relation to a school falling within paragraph (a)(iii), (iv) or (v), the proprietor of the school.]

Textual Amendments

F68 S. 444ZA inserted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), ss. 116, 125(4); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F69 Words in s. 444ZA(6) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(9), 188(1) (with s. 109(11))

[F70 444A Penalty notice in respect of failure to secure regular attendance at school of registered pupil E+W

(1) Where an authorised officer has reason to believe—

(a) that a person has committed an offence under section 444(1), and

[F71 (b) that the offence relates—

(i) to a relevant school in England,

(ii) in a case falling within subsection (1) of section 444ZA, to a place at which education is provided by a local education authority in England, or

(iii) in a case falling within subsection (2) of that section, to a place at which a child is required to attend by the appropriate authority (within the meaning of that section) for a relevant school in England,]

he may give the person a penalty notice in respect of the offence.

(2) A penalty notice is a notice offering a person the opportunity of discharging any liability to conviction for the offence under section 444(1) to which the notice relates by payment of a penalty in accordance with the notice.

(3) Where a person is given a penalty notice, proceedings for the offence to which the notice relates (or an offence under section 444(1A) arising out of the same circumstances) may not be instituted before the end of such period as may be prescribed.

(4) Where a person is given a penalty notice, he cannot be convicted of the offence to which the notice relates (or an offence under section 444(1A) arising out of the same circumstances) if he pays a penalty in accordance with the notice.

(5) Penalties under this section shall be payable to local education authorities in England.

[F72 (6) Sums received by a local education authority under this section may be used by the authority for the purposes of any of its functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.]

Textual Amendments

F70 Ss. 444A, 444B inserted (E.W.) (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(1), 93; S.I. 2003/3300, art. 3(a)(ii)

F71 S. 444A(1)(b) substituted (1.9.2005) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 3 (with s. 119); S.I. 2005/2034, art. 5

F72 S. 444A(6) substituted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 110, 188(3); S.I. 2007/1801, art. 4(i)

Modifications etc. (not altering text)

C6 S. 444A: power to amend conferred (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(9), 93; S.I. 2003/3300, art. 3(a)(ii)

444B Penalty notices: supplemental E+W

(1) Regulations may make—

(a) provision as to the form and content of penalty notices,

(b) provision as to the monetary amount of any penalty and the time by which it is to be paid,

(c) provision for determining the local education authority to which a penalty is payable,

(d) provision as to the methods by which penalties may be paid,

(e) provision as to the records which are to be kept in relation to penalty notices,

(f) provision as to the persons who may be authorised by a local education authority or a head teacher to give penalty notices,

(g) provision limiting the circumstances in which authorised officers of a prescribed description may give penalty notices,

(h) provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

(i) repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and

(ii) prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates (and any offence under section 444(1A) arising out of the same circumstances),

(i) provision for a certificate—

(i) purporting to be signed by or on behalf of a prescribed person, and

(ii) stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated,

(j) provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice,

(k) provision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices,

(l) such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient.

(2) Without prejudice to the generality of subsection (1) or section 569(4), regulations under subsection (1)(b) may make provision for penalties of different amounts to be payable in different cases or circumstances (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).

(3) Local education authorities, head teachers and authorised officers shall, in carrying out their functions in relation to penalty notices, have regard to any guidance which is published by the Secretary of State from time to time in relation to penalty notices.

(4) In this section and section 444A—

• “authorised officer” means—

  (a)

  a constable,

  (b)

  an officer of a local education authority in England who is authorised by the authority to give penalty notices, or

  (c)

  an authorised staff member,

• “authorised staff member” means—

  (a)

  a head teacher of a relevant school in England, or

  (b)

  a member of the staff of a relevant school in England who is authorised by the head teacher of the school to give penalty notices,

• “penalty” means a penalty under a penalty notice,

• “penalty notice” has the meaning given by section 444A(2),

• “relevant school” means—

  (a)

  a maintained school,

  (b)

  a pupil referral unit,

  (c)

  an Academy,

  (d)

  a city technology college, or

  (e)

  a city college for the technology of the arts.]

Textual Amendments

F70 Ss. 444A, 444B inserted (E.W.) (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(1), 93; S.I. 2003/3300, art. 3(a)(ii)

Modifications etc. (not altering text)

C7 S. 444B: power to amend conferred (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(9), 93; S.I. 2003/3300, art. 3(a)(ii)

445 Presumption of age. E+W

(1) This section applies for the purposes of any proceedings for an offence under section 443 or 444.

(2) In so far as it is material, the child in question shall be presumed to have been of compulsory school age at any time unless the parent proves the contrary.

(3) Where a court is obliged by virtue of subsection (2) to presume a child to have been of compulsory school age, section 565(1) (provisions as to evidence) does not apply.

446 Institution of proceedings. E+W

Proceedings for an offence under section 443 or 444 shall not be instituted except by a local education authority.

447 Education supervision orders. E+W

(1) Before instituting proceedings for an offence under section 443 or 444, a local education authority shall consider whether it would be appropriate (instead of or as well as instituting the proceedings) to apply for an education supervision order with respect to the child.

(2) The court—

(a) by which a person is convicted of an offence under section 443, or

(b) before which a person is charged with an offence under section 444,

may direct the local education authority instituting the proceedings to apply for an education supervision order with respect to the child unless the authority, having consulted the appropriate local authority, decide that the child’s welfare will be satisfactorily safeguarded even though no education supervision order is made.

(3) Where, following such a direction, a local education authority decide not to apply for an education supervision order, they shall inform the court of the reasons for their decision.

(4) Unless the court has directed otherwise, the information required under subsection (3) shall be given to the court before the end of the period of eight weeks beginning with the date on which the direction was given.

(5) Where—

(a) a local education authority apply for an education supervision order with respect to a child who is the subject of a school attendance order, and

(b) the court decides that section 36(3) of the M1 Children Act 1989 (education supervision orders) prevents it from making the order,

the court may direct that the school attendance order shall cease to be in force.

(6) In this section—

• “the appropriate local authority” has the same meaning as in section 36(9) of the M2 Children Act 1989, and

• “education supervision order” means an education supervision order under that Act.

Marginal Citations

M1 1989 c. 41.

M2 1989 c. 41.

Exemption E+W

F73 448 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F73 S. 448 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 118, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

[F74 Chapter III E+W Charges in connection with education at maintained schools]

Textual Amendments

F74 Crossheading substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.119 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

[F75 Preliminary] E+W

Textual Amendments

F75 S. 449 and cross-heading substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 119 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

[F76 449 Meaning of “maintained school” in Chapter III. E+W

In this Chapter “maintained school” means any school maintained by a local education authority.]

Textual Amendments

F76 S. 449 substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 119 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Prohibition of charges E+W

450 Prohibition of charges for admission. E+W

(1) No charge shall be made in respect of admission to a maintained school.

(2) Subsection (1) does not apply to the admission of any person to any maintained school for the purpose of—

(a) part-time education suitable to the requirements of persons of any age over compulsory school age;

(b) full-time education suitable to the requirements of persons who have attained the age of 19; or

[F77 (c) training for members of the school workforce.]

[F78 (3) In subsection (2)(c), the reference to training for members of the school workforce is to be read in accordance with sections 75(5) and 96(1) of the Education Act 2005.]

Textual Amendments

F77 S. 450(2)(c) substituted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 17(2)

F78 S. 450(3) inserted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 17(3)

451 Prohibition of charges for provision of education. E+W

(1) F79 . . ., this section applies in relation to education provided at any maintained school for a registered pupil at the school.

(2) Where the education is provided for the pupil during school hours no charge shall be made in respect of it.

(3) [F80 Subsection (2) does not apply in relation to tuition in playing a musical instrument where the tuition is provided either individually or to a group of not more than four pupils, unless the tuition is—

(a) required as part of a syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school, or

(b) provided in pursuance of a duty imposed by [F81 section 88 or 109 of the Education Act 2002 (implementation of National Curriculum for England or National Curriculum for Wales)] or section 69 of the School Standards and Framework Act 1998 (duty to secure due provision of religious education).]

[F80 Regulations may prescribe circumstances in which subsection (2) does not apply in relation to tuition in singing or in playing a musical instrument.]

(4) Where the education is provided for the pupil outside school hours no charge shall be made in respect of it if it is—

(a) required as part of a syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school, or

(b) provided in pursuance of a duty imposed by [F82 section 88 or 109 of the Education Act 2002] or [F83 section 69 of the School Standards and Framework Act 1998].

F84 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Words in s. 451(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 120(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F80 S. 451(3) substituted (25.5.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 56(1), 188(3); S.I. 2007/935, art. 6(b) (with transitional provisions and savings in S.I. 2007/1271, art. 5)

F81 Words in s. 451(3)(b) substituted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 48(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F82 Words in s. 451(4)(b) substituted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 48(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F83 Words in s. 451(4)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 120(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F84 S. 451(5) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 120(d), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

452 Application of section 451 where education is provided partly during and partly outside school hours etc. E+W

(1) Where a period allowed for any educational activity at a maintained school falls partly during school hours and partly outside school hours, then—

(a) if 50 per cent. or more of the time occupied by that period together with any connected school travelling time falls during school hours, so much of the education provided during that period as is provided outside school hours shall be treated for the purposes of section 451 as provided during school hours, and

(b) in any other case, so much of the education provided during that period as is provided during school hours shall be treated for those purposes as provided outside school hours.

(2) In subsection (1) “connected school travelling time” means time spent during school hours by the pupils taking part in the educational activity concerned in getting to or from the place where the activity takes place.

(3) Where any education provided at a maintained school is provided on a residential trip, then—

(a) if the number of school sessions taken up by the trip is equal to or greater than 50 per cent. of the number of half days spent on the trip, any education provided on the trip which is provided outside school hours shall be treated for the purposes of section 451 as provided during school hours, and

(b) in any other case, any education provided on the trip which is provided during school hours shall be treated for those purposes as provided outside school hours.

(4) In this section “half day” means any period of 12 hours ending with noon or midnight on any day.

(5) For the purposes of subsection (3)—

(a) where 50 per cent. or more of a half day is spent on a residential trip, the whole of that half day shall be treated as spent on the trip, and

(b) a school session on any day on which such a session takes place at the school concerned shall be treated as taken up by a residential trip if the time spent on the trip occupies 50 per cent. or more of the time allowed for that session at the school.

(6) Nothing in section 451 shall be read as prohibiting the making of a charge in respect of board and lodging provided for a registered pupil at a maintained school on a residential trip.

453 Examinations: prohibition of charges and recovery of wasted fees. E+W

(1) No charge shall be made in respect of the entry of a registered pupil at a maintained school for a prescribed public examination in any syllabus for that examination for which the pupil has been prepared at the school.

(2) Despite subsection (1), where—

(a) the governing body of a maintained school or the local education authority have paid or are liable to pay a fee in respect of the entry of a registered pupil at the school for a public examination in any syllabus for that examination, and

(b) the pupil fails without good reason to meet any examination requirement for that syllabus,

that body or authority may recover the amount of the fee from the pupil’s parent.

(3) It shall be for the body or authority who have paid or are liable to pay the fee in question to determine for the purposes of this section any question whether a pupil who has failed to meet an examination requirement had good reason for the failure.

454 Prohibition of incidental charges. E+W

(1) Neither the parent of a registered pupil at a maintained school nor the pupil himself shall be required to pay for or supply any materials, books, instruments or other equipment for use for the purposes of or in connection with—

(a) education provided for the pupil at the school in respect of which, by virtue of section 451, no charge may be made, or

(b) a syllabus for a prescribed public examination which is a syllabus for which the pupil has been prepared at the school.

(2) Nothing in subsection (1) shall prevent the parent of a pupil from being required to pay for or supply any materials for use for the purposes of the production, in the course of the provision of education for the pupil at the school, of any article incorporating those materials, where the parent has indicated before that requirement is made that he wishes the article to be owned by him or by the pupil.

(3) No charge shall be made in respect of transport provided for a registered pupil at a maintained school where the transport is either—

(a) incidental to education provided for the pupil at the school in respect of which, by virtue of section 451, no charge may be made, or

(b) provided for the purpose of enabling him to meet any examination requirement for any syllabus for a prescribed public examination which is a syllabus for which he has been prepared at the school.

(4) For the purposes of subsection (3)(a) transport is incidental to education provided for registered pupils at a school if it is provided for the purpose of carrying such pupils—

(a) to or from any part of the school premises in which education is provided for those pupils, from or to any other part of those premises, or

(b) to or from any place outside the school premises in which education is provided for those pupils under arrangements made by or on behalf of the governing body or the local education authority, from or to the school premises or any other such place.

Permitted charges E+W

455 Permitted charges. E+W

(1) Subject to subsection (2), a charge may be made in respect of—

(a) education provided for a registered pupil at a maintained school other than education in respect of which, by virtue of section 451, no charge may be made,

(b) the entry of a registered pupil at a maintained school for a public examination in any syllabus for that examination otherwise than in circumstances in which, by virtue of section 453(1), no charge may be made,

(c) transport provided for a registered pupil at a maintained school other than transport in respect of which, by virtue of section 454(3) or [F85 508B(1), 508F(3) or 509(2), or section 508E(2)(d) and paragraph 5(2) of Schedule 35C,] , no charge may be made, and

(d) board and lodging provided for a registered pupil at a maintained school on a residential trip.

(2) A charge may not be made—

(a) by virtue of subsection (1)(a) in respect of the provision for a pupil of education,

(b) by virtue of subsection (1)(b) in respect of the entry of a pupil for an examination in any syllabus for that examination, or

(c) by virtue of subsection (1)(c) in respect of the provision for a pupil of transport,

unless the education is provided, the pupil is entered for the examination in that syllabus, or the transport is provided, by agreement with the pupil’s parent.

(3) Any education, examination entry or transport in respect of which a charge may be made by virtue of subsection (1) is referred to in this Chapter as an “optional extra”.

Textual Amendments

F85 Words in s. 455(1)(c) substituted (1.9.2007 for specified purposes) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 3; S.I. 2007/1801, art. 4(l)

456 Regulation of permitted charges. E+W

(1) This section applies in relation to any charge permitted under section 455 F86 . . .; and a charge to which this section applies is referred to in this section as a “regulated charge”.

(2) The amount of any regulated charge shall be payable by the parent of the pupil concerned.

(3) A regulated charge shall not exceed the cost of the provision of the optional extra or the board and lodging in question.

(4) Without prejudice to the generality of subsection (3), the cost of the provision of an optional extra includes costs, or an appropriate proportion of the costs—

(a) incurred in respect of the provision of any materials, books, instruments or other equipment used for the purposes of or in connection with the provision of the optional extra, or

(b) attributable to the provision of non-teaching staff for any purpose connected with the provision of the optional extra, or

(c) attributable to the provision of teaching staff engaged under contracts for services for the purpose of providing it.

(5) Subject to subsection (6), the cost of the provision of an optional extra shall not be taken to include any costs attributable to the provision of teaching staff other than staff engaged as mentioned in subsection (4)(c).

(6) Where the optional extra in question consists of tuition in [F87 singing or in] playing a musical instrument, the cost of its provision shall include costs, or an appropriate proportion of the costs, attributable to the provision of teaching staff employed for the purpose of providing the tuition.

(7) Where charging is permitted under section 455 and the charge would be a regulated charge, the question whether any charge should be made, and the amount of any charge to be made, shall be determined—

(a) in a case where the cost of the provision of the optional extra or board and lodging in question is met by or from funds at the disposal of the governing body, by the governing body, and

(b) in any other case, by the local education authority.

(8) The whole or any part of the amount of any charge which the local education authority determine under subsection (7)(b) to make—

(a) shall, if the governing body so determine, be met by or from funds at the disposal of the governing body, and

(b) to the extent that it is so met, shall not be payable by the parent of the pupil concerned.

Textual Amendments

F86 Words in s. 456(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 121, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F87 Words in s. 456(6) inserted (25.5.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 56(2), 188(3); S.I. 2007/935, art. 6(b)

457 Charges and remissions policies. E+W

(1) Every governing body of a maintained school and every local education authority shall determine and keep under review a policy with respect to—

(a) the provision of, and

(b) the classes or descriptions of case in which they propose to make charges for,

any optional extra or board and lodging in respect of which charges are permitted by section 455.

F88 . . .

(2) No such body or authority shall make such a charge unless they have both—

(a) determined a policy under subsection (1)(b) (their “charging policy”), and

(b) determined a policy (their “remissions policy”) setting out any circumstances in which they propose to remit (in whole or in part) any charge which would otherwise be payable to them in accordance with their charging policy.

(3) A remissions policy determined by the governing body of a school F89 . . . shall set out any circumstances in which the governing body propose to meet (in whole or in part) any charge payable to the local education authority, in accordance with the authority’s charging policy, for an optional extra or board and lodging provided for a registered pupil at the school.

(4) A remissions policy shall provide for complete remission of any charges otherwise payable in respect of board and lodging provided for a pupil on a residential trip if—

(a) the education provided on the trip is education in respect of which, by virtue of section 451, no charge may be made, and

[F90 (b) the pupil’s parent is—

(i) in receipt of income support,

(ii) in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995), or

(iii) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed,

in respect of any period wholly or partly comprised in the time spent on the trip.]

(5) A remissions policy shall be kept under review by the governing body or local education authority by whom it was determined.

Textual Amendments

F88 Words in s. 457(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 122(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F89 Words in s. 457(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 122(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F90 S. 457(4)(b) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 200, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5

458 Charges for board and lodging at boarding schools. E+W

(1) Subject to subsections (2) to (5), where a registered pupil at a maintained school is provided at the school with board and lodging, there shall be payable in respect of the board and lodging by the parent of the [F91 pupil concerned, to the local education authority, charges] not exceeding the cost to the authority F92 . . . of providing the board and lodging.

(2) Where—

F93 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the local education authority [F94 for that pupil’s area] are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school.

F95 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the local education authority for the pupil’s area are satisfied that payment of the full charges payable under this section would involve financial hardship to the parent of the pupil concerned, the authority—

(a) in the case of charges payable to the authority, shall remit so much of those charges as falls in accordance with subsection (5) to be so remitted, and

(b) in the case of charges payable to another local education authority F96 . . . in respect of board and lodging, shall pay so much of those charges as falls in accordance with subsection (5) to be so paid.

(5) The amount that falls to be remitted or paid by a local education authority by virtue of subsection (4)(a) or (b) is—

(a) such part of the charges in question as the authority consider ought not to be paid by the pupil’s parent in order to avoid such hardship as is mentioned in subsection (4), or

(b) the whole of those charges if, in their opinion, such hardship cannot otherwise be avoided.

Textual Amendments

F91 Words in s. 458(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 123(a)(i) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F92 Words in s. 458(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 123(a)(ii), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F93 S. 458(2)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 123(b)(i), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F94 Words in s. 458(2)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 123(b)(ii) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F95 S. 458(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 123(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F96 Words in s. 458(4)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 123(d), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Supplementary E+W

459 Provision of information. E+W

Regulations may require, in relation to every maintained school, the local education authority, the governing body or the head teacher to make available either generally or to prescribed persons, in such form and manner and at such times as may be prescribed—

(a) such information relevant for the purposes of this Chapter as to the school hours at the school, and

(b) such information as to the policies determined under section 457 which apply in relation to the school,

as may be prescribed.

460 Contributions and charges unaffected by Chapter III. E+W

(1) Nothing in this Chapter shall be read as prohibiting or in any way restricting or regulating any request or invitation by or on behalf of the governing body of a maintained school or a local education authority for voluntary contributions for the benefit of the school or any school activities.

(2) Any request or invitation made by or on behalf of such a body or authority for contributions for the benefit of a school or school activities shall not be regarded for the purposes of subsection (1) as a request or invitation for voluntary contributions unless it is clear from the terms in which it is made—

(a) that there is no obligation to make any contribution, and

(b) that registered pupils at the school will not be treated differently according to whether or not their parents have made any contribution in response to the request or invitation.

(3) Nothing in this Chapter relating to charges in respect of a registered pupil at a maintained school shall be read as relating to—

(a) charges made by persons other than the governing body or the local education authority, or

(b) charges to be paid by persons other than the parent of the pupil or the pupil himself.

461 Recovery of sums as civil debt. E+W

Any sum payable under section 453(2), 455 or 458 by the parent of a registered pupil at a maintained school shall be recoverable summarily as a civil debt.

462 Interpretation of Chapter III. E+W

(1) In this Chapter—

• “equipment” does not include clothing;

• “examination requirement”, in relation to a syllabus for an examination, means a requirement which a pupil must meet in order to qualify for assessment for the purposes of determining his achievements in that examination in that syllabus.

(2) In this Chapter “residential trip” means any trip—

(a) which is arranged for registered pupils at a maintained school by or on behalf of the governing body or the local education authority, and

(b) which requires the pupils taking part to spend one or more nights away from their usual overnight accommodation.

(3) For the purposes of this Chapter, a pupil shall be regarded as having been prepared at a school for a syllabus for a prescribed public examination if any part of the education provided with a view to preparing him for that examination in that syllabus has been provided for him at that school.

(4) In this Chapter references to a public examination (or a prescribed public examination) are references to such an examination as it applies in relation to persons who are entered for a syllabus for that examination with a view to meeting the examination requirements for that syllabus so as to qualify for assessment for the purposes of determining their achievements in that examination on any particular occasion in any year when an assessment takes place.

(5) For the purposes of subsection (4)—

(a) “an assessment” means an assessment for the purposes of determining the achievements of persons entered for the examination in question; and

(b) such an assessment is to be regarded as taking place on any occasion on which it is determined in relation to each person entered for any syllabus in that examination who has met the examination requirements for that syllabus—

(i) whether he has passed or failed, and

(ii) if grades are assigned for the purposes of the examination, the grade to be assigned in his case.