Part I General
Chapter I The statutory system of education
General
1 The stages of education.
1
The statutory system of public education consists of three progressive stages: primary education, secondary education and further education.
2
This Part—
a
F1b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
C324
Apart from section 10 (general duty of Secretary of State), nothing in this Act confers any functions with respect to higher education.
2 Definition of primary, secondary and further education.
F631
In this Act “primary education” means—
a
full-time or part-time education suitable to the requirements of children who have attained the age of two but are under compulsory school age;
b
full-time education suitable to the requirements of junior pupils of compulsory school age who have not attained the age of 10 years and six months; and
c
full-time education suitable to the requirements of junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with junior pupils within paragraph (b).
2
In this Act “secondary education” means—
a
full-time education suitable to the requirements of pupils of compulsory school age who are either—
i
senior pupils, or
ii
junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with senior pupils of compulsory school age; and
b
(subject to subsection (5)) full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19 which is provided at a school at which education within paragraph (a) is also provided.
F392A
Education is also secondary education for the purposes of this Act (subject to subsection (5)) if it is provided by an institution which—
b
is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19.
2B
Where—
a
a person is in full-time education,
b
he receives his education partly at a school and, by virtue of arrangements made by the school, partly at another institution F110or any other establishment, and
c
the education which he receives at the school would be secondary education if it was full-time education at the school,
the person’s education, both at the school and at the other institution F48or establishment, is secondary education for the purposes of this Act (subject to subsection (5)).
3
Subject to subsection (5), in this Act “further education” means—
a
full-time and part-time education suitable to the requirements of persons who are over compulsory school age F117(including vocational, social, physical and recreational training), and
b
organised leisure-time occupation provided in connection with the provision of such education,
except that it does not include secondary education or (in accordance with subsection (7)) higher education.
4
Accordingly, unless it is education within subsection (2)(b) F41or (2A), full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19 is further education for the purposes of this Act and not secondary education.
5
For the purposes of this Act education provided for persons who have attained the age of 19 is further education not secondary education; but where a person—
a
has begun a particular course of secondary education before attaining the age of 18, and
b
continues to attend that course,
the education does not cease to be secondary education by reason of his having attained the age of 19.
6
In subsection (3)(b) “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreative activities as are suited to their requirements, for any persons over compulsory school age who are able and willing to profit by facilities provided for that purpose.
F536A
In the context of the definitions of secondary education and further education, references in this section to education include vocational, social, physical and recreational training.
7
References in this section to education do not include references to higher education.
C153 Definition of pupil etc.
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.
F3and references to pupils in the context of the admission of pupils to, or the exclusion of pupils from, a school are references to persons who following their admission will be, or (as the case may be) before their exclusion were, pupils as defined by this subsection.
F361A
A person is not for the purposes of this Act to be treated as a pupil at a school merely because any education is provided for him at the school in the exercise of the powers conferred by section 27 of the Education Act 2002 (power of governing body of maintained school to provide community facilities etc.).
2
In this Act—
“junior pupil” means a child who has not attained the age of 12; and
“senior pupil” means a person who has attained the age of 12 but not the age of 19.
3
The definition of “pupil” in F37subsections (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.
Educational institutions
4 Schools: general.
C1F41
In this Act F47(subject to F123subsections (1A) to (1C)) “school” means an educational institution which is outside the further education sector and the F90wider higher education sector and is an institution for providing—
a
primary education,
b
secondary education, or
c
both primary and secondary education,
whether or not the institution also provides F112part-time education suitable to the requirements of junior pupils or further education.
F1151A
An institution which—
a
provides only early years provision (as defined by section 96(2) of the Childcare Act 2006), and
b
is not a maintained nursery school,
is not a school.
F981B
A 16 to 19 Academy is not a school.
1C
An alternative provision Academy is a school.
2
F5Nothing in subsection (1) shall be taken to preclude the making of arrangements under section 19(1) (exceptional educational provision) under which part-time education is to be provided at a school; and for the purposes of this Act an educational institution that would fall within subsection (1) but for the fact that it provides part-time rather than full-time education shall nevertheless be treated as a school if that part-time education is provided under arrangements made under section 19(1) F6. . ..
3
For the purposes of this Act an institution is outside the further education sector if it is not—
a
an institution conducted by a further education corporation established under section 15 or 16 of the M2Further and Higher Education Act 1992, or
b
a designated institution for the purposes of Part I of that Act (defined in section 28(4) of that Act ) F46, or
c
a sixth form college
and references to institutions within that sector shall be construed accordingly.
F1164
For the purposes of this Act an institution is outside the wider higher education sector if —
a
in relation to England, it is not a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, or
b
in relation to Wales, it is not an institution within the higher education sector within the meaning given by section 91(5) of the Further and Higher Education Act 1992;
and references to institutions within the wider higher education sector are to be construed accordingly.
5 Primary schools, secondary schools and middle schools.
1
In this Act “primary school” means (subject to regulations under subsection (4)) a school for providing primary education, whether or not it also provides F91part-time education suitable to the requirements of junior pupils or further education.
2
In this Act “secondary school” means (subject to regulations under subsection (4)) a school for providing secondary education, whether or not it also provides further education.
F933
In this Act “middle school” means a school which, in pursuance of proposals published under any of the enactments specified in subsection (3A), has been established as, or altered so as to become, a school for providing full-time education suitable to the requirements of pupils who—
a
have attained a specified age below 10 years and six months, and
b
are under a specified age above 12 years.
3A
The enactments mentioned in subsection (3) are—
a
in relation to England—
i
section 28 or 28A of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998,
ii
section 66 of, or paragraph 7 of Schedule 11 to, the Education Act 2005, and
iii
section 7, 10, 11 or 19 of the Education and Inspections Act 2006;
4
The Secretary of State shall make regulations for determining, or enabling him to determine, whether a middle school is to be treated for the purposes of this Act and the other enactments relating to education as a primary school or as a secondary school.
5
F70The powers conferred by the enactments mentioned in subsection (3) (so far as relating to the establishment of middle schools) and the powers conferred by subsection (4) above are exercisable—
a
notwithstanding anything in this Act (and in particular section 1); but
b
without prejudice to the exercise of any other power conferred by this Act.
6 Nursery schools F59... .
1
F442
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Compulsory education
7 Duty of parents to secure education of children of compulsory school age.
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 F58(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) he may have,
either by regular attendance at school or otherwise.
8 Compulsory school age.
1
Subsections (2) and (3) apply to determine for the purposes of any enactment whether a person is of compulsory school age.
F82
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.
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.
F94
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.
Education in accordance with parental wishes
9 Pupils to be educated in accordance with parents’ wishes.
In exercising or performing all their respective powers and duties under the Education Acts, the Secretary of F10State and F114local authorities 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.
Chapter II Functions of the Secretary of State
C210 General duty of Secretary of State.
The Secretary of State shall promote the education of the people of England and Wales.
C311 Duty in the case of primary, secondary and further education.
1
The Secretary of State shall exercise his powers in respect of those bodies in receipt of public funds which—
a
carry responsibility for securing that the required provision for primary, secondary or further education is made—
i
in schools, F51...
ii
in institutions within the further education sector, F109or
iii
in 16 to 19 Academies,
in or in any area of England or Wales, or
b
conduct schoolsF64, institutions within the further education sector or 16 to 19 Academies in England and Wales,
for the purpose of promoting primary, secondary and further education in England and Wales.
2
The Secretary of State shall, in the case of his powers to regulate the provision made in schoolsF103, institutions within the further education sector and 16 to 19 Academies in England and Wales, exercise his powers with a view to (among other things) improving standards, encouraging diversity and increasing opportunities for choice.
Chapter IIIF114local authorities
The authorities
F8512F114Local authorities and their areas.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General functions
C6C6313 General responsibility for education.
1
A F73local authority shall (so far as their powers enable them to do so) contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education, F11and secondary educationF60and, in the case of a F73local authority in England, further education, are available to meet the needs of the population of their area.
2
The duty imposed by subsection (1) does not extend to matters in respect of which any duty is imposed on—
F12a
F43aa
the National Assembly for Wales under Part 2 of the Learning and Skills Act 2000, or
F52b
the Higher Education Funding Council for Wales, or
c
the Office for Students.
F943
The reference in subsection (1) to further education is to further education for persons—
none
a
who are over compulsory school age but under 19, or
b
who are aged 19 or over F76and for whom an EHC plan is maintained.
F754
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F845
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
For the purposes of subsection (1), persons who are subject to a detention order are to be regarded as part of the population of the area in which they are detained (and not any other area).
C34C12C10C28C5913AF130Duty to promote high standards and fulfilment of potential
1
A local education authority in England must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—
a
promoting high standards,
b
ensuring fair access to opportunity for education and training, and
c
promoting the fulfilment of learning potential by every person to whom this subsection applies.
2
Subsection (1) applies to the following—
a
persons under the age of 20;
b
persons aged 20 or over F113and for whom an EHC plan is maintained.
3
A local education authority in Wales must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—
a
promoting high standards, and
b
promoting the fulfilment of learning potential by every person to whom this subsection applies.
4
Subsection (3) applies to persons under the age of 20.
5
In this section—
“education” and “training” have the same meanings as in section 15ZA;
“relevant education function”, in relation to a local education authority in England, means a function relating to the provision of education for—
- a
persons of compulsory school age (whether at school or otherwise);
- b
persons (whether at school or otherwise) who are over compulsory school age and to whom subsection (1) applies;
- c
persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;
- a
“relevant education function”, in relation to a local education authority in Wales, means a function relating to the provision of education for—
- a
persons of compulsory school age (whether at school or otherwise);
- b
persons (whether at school or otherwise) who are over compulsory school age but under the age of 20;
- c
persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;
- a
“relevant training function” means a function relating to the provision of training.
14 Functions in respect of provision of primary and secondary schools.
1
A F73local authority shall secure that sufficient schools for providing—
a
primary education, and
b
education that is secondary education by virtue of section 2(2)(a),
are available for their area.
2
The schools available for an area shall not be regarded as sufficient for the purposes of subsection (1) unless they are sufficient in number, character and equipment to provide for all pupils the opportunity of appropriate education.
3
In subsection (2) “appropriate education” means education which offers such variety of instruction and training as may be desirable in view of—
a
the pupils’ different ages, abilities and aptitudes, and
b
the different periods for which they may be expected to remain at school,
including practical instruction and training appropriate to their different needs.
F793A
A F73local authority in England shall exercise their functions under this section with a view to—
a
securing diversity in the provision of schools, and
b
increasing opportunities for parental choice.
4
F384A
A F73local authority for an area in Wales may secure that regional schools for providing—
a
primary education, and
b
education that is secondary education by virtue of section 2(2)(a),
are available for Wales or any part of Wales that includes the area of the authority.
4B
For this purpose a “regional school”, in relation to a F73local authority, is a school maintained by that authority which provides education to meet both—
a
b
the needs of such pupils in the rest, or any other part, of Wales,
whether or not the institution also provides education suitable to the requirements of other pupils.
F145
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
In exercising their functions under this section, a F73local authority shall in particular have regard to—
a
the need for securing that primary and secondary education are provided in separate schools;
b
the need for securing that special educational provision is made for pupils who have special educational needs F80(in the case of a local authority in England) or the need for securing that additional learning provision is made for pupils who have additional learning needs (in the case of a local authority in Wales); and
c
the expediency of securing the provision of boarding accommodation (in boarding schools or otherwise) for pupils for whom education as boarders is considered by their parents and the authority to be desirable.
7
The duty imposed by subsection (6)(a) does not apply in relation to middle schools or special schools.
14AF87Duty of F73local authority to consider parental representations
1
Where a F73local authority in England receive any representation from a parent of a qualifying child as to the exercise by the authority of their functions under section 14, the authority shall—
a
consider the representation and what action (if any) to take in response to it, and
b
within a reasonable time provide the parent with a statement setting out—
i
any action which the authority propose to take in response to the representation, or
ii
where the authority are of the opinion that no such action is necessary, their reasons for being of that opinion.
2
In subsection (1) “qualifying child”, in relation to a F73local authority, means any child in the authority's area who is of or under compulsory school age.
3
Subsection (1) does not apply in relation to any representation which—
a
appears to the F73local authority to be frivolous or vexatious, or
b
is the same as, or similar to, a representation previously received by the authority from the same person.
4
In exercising their functions under this section, a F73local authority must have regard to any guidance given from time to time by the Secretary of State.
F1515 Functions in respect of provision of further education.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C18C25C11C48C54C26C37C55C44C6015ZAC13C13F92Duty in respect of education and training for persons over compulsory school age: England
1
A F73local authority in England must secure that enough suitable education and training is provided to meet the reasonable needs of—
a
persons in their area who are over compulsory school age but under 19, and
b
persons in their area who are aged 19 or over F56and for whom an EHC plan is maintained.
2
A F73local authority may comply with subsection (1) by securing the provision of education or training outside as well as within their area.
3
In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a F73local authority must (in particular) have regard to—
a
the persons' ages, abilities and aptitudes;
b
any learning difficulties F89or disabilities the persons may have;
c
the quality of the education or training;
d
the locations and times at which the education or training is provided.
4
In performing the duty imposed by subsection (1) a F73local authority must—
a
act with a view to encouraging diversity in the education and training available to persons;
b
act with a view to increasing opportunities for persons to exercise choice;
c
act with a view to enabling persons to whom Part 1 of the Education and Skills Act 2008 applies to fulfil the duty imposed by section 2 of that Act;
d
take account of education and training whose provision the authority think might reasonably be secured by other persons.
5
A F73local authority must, in—
a
making any determination as to the provision of apprenticeship training that should be secured under subsection (1), or
b
securing the provision of any apprenticeship training under that subsection,
co-operate with F101the Secretary of State.
6
For the purposes of this section a person has a learning difficulty F81or disability if—
a
the person has a significantly greater difficulty in learning than the majority of persons of the same age, or
b
the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions providing education or training for persons who are over compulsory school age.
7
But a person is not to be taken to have a learning difficulty F71or disability solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.
8
In this section—
“apprenticeship training” means training provided in connection with—
- aa
F68an approved English apprenticeship agreement (within the meaning given in section A1(3) of that Act),
- a
an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009),
- b
any other contract of employment, F77...
- c
any other kind of working in relation to which alternative English completion conditions apply under section 1(5) of that Act (meaning of “completing an English apprenticeship”);
- d
F104an alternative English apprenticeship (within the meaning given in section A1(4) of that Act);
- aa
“education” includes full-time and part-time education;
“training” includes—
- a
full-time and part-time training;
- b
vocational, social, physical and recreational training;
- c
apprenticeship training.
- a
F749
The duty in subsection (1) does not apply in relation to persons in a local authority's area who are subject to a detention order.
C45C42C36C31C40C26C57C38C43C6215ZBCo-operation in performance of section 15ZA duty
F114Local authorities in England must co-operate with each other in performing their duties under section 15ZA(1).
C56C9C8C35C22C26C21C47C50C6115ZCF61Encouragement of education and training for persons over compulsory school age: England
1
A F73local authority in England must—
a
encourage participation in education and training by persons in their area who are within section 15ZA(1)(a) or (b);
b
encourage employers to participate in the provision of education and training for such persons.
2
For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—
a
an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009), F122...
F124aa
an approved English apprenticeship agreement (within the meaning given in section A1(3) of that Act), or
b
any other contract of employment in connection with which training is provided.
3
In this section “education” and “training” have the same meanings as in section 15ZA.
15ZDF96Sections 15ZA to 15ZC: duty to have regard to guidance
In performing the duties imposed by sections 15ZA(1), 15ZB and 15ZC(1)(b) (duties in relation to education and training for persons over compulsory school age), a local authority in England must have regard to any guidance issued by the Secretary of State.
C4C17C39F1615AF88Powers in respect of education and training for 16 to 18 year olds.
1
F1081ZA
A F73local authority in England may secure the provision for their area of full-time or part-time education suitable to the requirements of persons from other areas who are over compulsory school age but have not attained the age of 19.
F181A
The power under F54subsections (1) and (1ZA) to secure the provision of education includes power to secure the provision—
a
of training, including vocational, social, physical and recreational training, and
b
of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).
2
Subsections (6) and (7) of section 14 shall apply in relation to functions under this section C5in respect of secondary education as they apply in relation to functions under that section.
F193
In exercising their functions under this section in respect of further educationF100—
a
a local authority in England must in particular have regard to the needs of persons with learning difficulties or disabilities (within the meaning of section 15ZA(6) and (7));
F1443A
In exercising its functions under this section a local authority in Wales must also have regard to the Commission for Tertiary Education and Research’s strategic plan approved under section 15 of the Tertiary Education and Research (Wales) Act 2022.
4
A F73local authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.
C20C3315BF20 Functions in respect of education for persons over 19.
1
A F73local authority may secure the provision for their area of full-time or part-time education suitable to the requirements of persons who have attained the age of 19, including provision for persons from other areas.
2
The power under subsection (1) to secure the provision of education includes power to secure the provision—
a
of training, including vocational, social, physical and recreational training, and
b
of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).
3
In exercising their functions under this sectionF120—
a
a local authority in England must in particular have regard to the needs of persons with learning difficulties or disabilities (within the meaning of section 15ZA(6) and (7));
b
F145c
a local authority in Wales must also have regard to the Commission for Tertiary Education and Research’s strategic plan approved under section 15 of the Tertiary Education and Research (Wales) Act 2022.
4
A F73local authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.
5
This section does not apply to higher education.
Establishment etc. of schools
16 Power to establish, maintain and assist primary and secondary schools.
1
For the purpose of fulfilling their functions under this Act, a F73local authority may—
a
establish primary schools and secondary schools;
b
maintain primary and secondary schools, whether established by them or not; and
c
assist any primary or secondary school which is not maintained by them.
2
A F73local authority may under subsection (1) establish, maintain and assist schools outside as well as inside their area.
3
A F73local authority may not under subsection (1) establish a school to provide—
a
part-time education suitable to the requirements of persons of any age over compulsory school age; or
b
full-time education suitable to the requirements of persons who have attained the age of 19.
F973A
A local authority in England may not under subsection (1) establish a school which is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under 19.
C19C30C1417 Powers in respect of F119nursery schools .
1
A F73local authority may—
a
establish nursery schools;
b
c
assist any nursery school not so established.
2
Section 14(4) does not affect a F73local authority’s power under section 16(1) to establish, maintain and assist schools at which education is provided both for children under F21compulsory school age and for older pupils (including schools at which there are nursery classes for children under F21compulsory school age).
Other arrangements for provision of education
18 Power to arrange provision of education at non-maintained schools.
18AF62Provision of education for persons subject to youth detention
1
A local authority must secure that—
a
enough suitable education is provided to meet the reasonable needs of children subject to youth detention in their area;
2
In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a local authority F138in England must (in particular) have regard to—
a
the persons' ages, abilities and aptitudes;
b
F102ba
F139in the case of a local authority in England, any learning difficulties or disabilities (within the meaning of section 15ZA(6) and (7)) the persons may have;
bb
c
the desirability of enabling persons to complete programmes of study or training which they have begun;
d
any relevant curriculum and the desirability that education received by persons subject to youth detention should be comparable with education which they could be expected to receive if they were attending a school or institution implementing a relevant curriculum;
e
the desirability of the core entitlement being satisfied in relation to persons over compulsory school age but under 19.
3
In subsection (2)(d), “relevant curriculum” means—
a
F141in relation to a local authority in England, the National Curriculum for England established under section 87 of the Education Act 2002 as subsisting for the time being;
b
F142in relation to a local authority in Wales—
i
the National Curriculum for Wales established under section 108 of that Act as subsisting for the time being, or
ii
any local curriculum formed by the authority under section 116A of the Education Act 2002 (formation of local curricula for pupils in Key Stage 4) or for their area under section 33A of the Learning and Skills Act 2000 (formation of local curricula for students aged 16 to 18).
4
Section 17C (the core entitlement) applies for the purposes of subsection (2)(e).
F1374A
In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons’ reasonable needs, a local authority in Wales must (in particular) have regard to—
a
the persons’ ages, abilities and aptitudes;
b
any additional learning needs the persons may have;
c
the desirability of enabling persons to complete programmes of study or training which they have begun;
d
the desirability that education received by young persons subject to youth detention should be comparable with education which they could be expected to receive if they were attending a school or institution implementing a relevant curriculum;
e
the desirability that education received by children subject to youth detention should—
i
enable them to develop in the ways described in the four purposes,
ii
offer them appropriate progression,
iii
be broad and balanced, so far as is appropriate for them, and
iv
provide teaching and learning that encompasses the areas of learning and experience (including the mandatory elements within those areas) and develops the cross-curricular skills.
4B
In subsection (4A)(d), “relevant curriculum”, in relation to a local authority in Wales, means any local curriculum formed by the authority for their area under section 33A of the Learning and Skills Act 2000 (formation of local curricula for students aged 16 to 18).
4C
In subsection (4A)(e), expressions that are defined in, or are given a meaning by, the Curriculum and Assessment (Wales) Act 2021 have the same meaning as in that Act.
5
Any arrangements made by a local authority under subsection (1) for the provision by another person (the “learning provider”) of education or training must require the learning provider, in making any determination as to the education or training to be provided for a particular person (“P”), to have regard to any information within subsection (6).
6
The information within this subsection is—
a
information provided under section 562F by a local authority as to the level of P's literacy and numeracy skills;
b
any other information provided under section 562F by P's home authority (within the meaning of Chapter 5A of Part 10) for the purpose of assisting a determination such as is mentioned in subsection (5).
7
In performing the duty imposed by subsection (1), a local authority must have regard to any guidance issued—
a
in the case of a local authority in England, by the Secretary of State;
b
in the case of a local authority in Wales, by the Welsh Ministers.
8
For the purposes of subsection (1), a person is subject to youth detention in the area of a local authority if—
a
subject to a detention order, and
b
detained in relevant youth accommodation in the area of the authority.
C7C4119 Exceptional provision of education in pupil referral units or elsewhere F129: England
1
Each F73local authorityF128in England shall make arrangements for the provision of suitable F22. . . education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.
F951A
F136... Subsection (1) does not apply in the case of a child—
a
who will cease to be of compulsory school age within the next six weeks, and
b
does not have any relevant examinations to complete.
In paragraph (b) “relevant examinations” means any public examinations or other assessments for which the child has been entered.
F1312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F131F662A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2B
Any school established in England (whether before or after the commencement of this Act) and maintained by a F73local authorityF126in England which—
a
is specially organised to provide education for such children, and
b
is not a community or foundation school, a community or foundation special school, or a maintained nursery school,
shall be known as a “pupil referral unit”.
3
C27F107F693A
F135... The education to be provided for a child in pursuance of arrangements made by a local authority under subsection (1) shall be—
a
full-time education, or
b
in the case of a child within subsection (3AA), education on such part-time basis as the authority consider to be in the child's best interests.
3AA
A child is within this subsection if the local authority consider that, for reasons which relate to the physical or mental health of the child, it would not be in the child's best interests for full-time education to be provided for the child.
3B
4
A F73local authorityF132in England may make arrangements for the provision of suitable F22. . . education otherwise than at school for those young persons who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.
F234A
In determining what arrangements to make under subsection (1) or (4) in the case of any child or young person a F73local authority shall have regard to any guidance given from time to time by the Secretary of State.
5
Any child for whom education is provided otherwise than at school in pursuance of this section, and any young person for whom full-time education is so provided in pursuance of this section, shall be treated for the purposes of this Act as a pupil.
F726
In this section—
“relevant school” means—
- a
a maintained school,
- b
an Academy,
- c
a city technology college, or
- d
a city college for the technology of the arts;
- a
“suitable education”, in relation to a child or young person F57in the area of a local authority in England, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have F67and in relation to a child or young person in the area of a local authority in Wales, means efficient education suitable to the child's or young person's age, ability and aptitude and to any additional learning needs the child or young person may have (and “suitable full-time education” is to be read accordingly).
7
Schedule 1 has effect in relation to pupil referral units F134maintained by a local authority in England.
19AF133Exceptional provision of education in pupil referral units or elsewhere: Wales
1
Each local authority in Wales must make arrangements for the provision of suitable education at school or otherwise than at school for children within the authority's area who—
a
are of compulsory school age, and
b
by reason of illness, exclusion from school or otherwise, may not receive suitable education for a period unless such arrangements are made for them.
2
A school established (whether before or after the commencement of this Act) and maintained by a local authority in Wales which—
a
is specially organised to provide education for children falling within subsection (1), and
b
is not a special school,
is to be known as a “pupil referral unit”.
3
A local authority in Wales may secure the provision of boarding accommodation at any pupil referral unit.
4
A local authority in Wales may make arrangements for the provision of suitable education otherwise than at a school for young persons within the authority's area who, by reason of illness, exclusion from school or otherwise, may not receive a suitable education for a period unless such arrangements are made for them.
5
In this section, “suitable education”, in relation to a child or young person means efficient education suitable to F143the child’s or the young person's age, ability and aptitude and to any additional learning needs the child or young person may have.
6
The following persons are to be treated as pupils for the purposes of this Act—
a
any child for whom education is provided otherwise than at school under this section, and
b
any young person for whom full-time education is provided otherwise than at school under this section.
7
Schedule 1 has effect in relation to pupil referral units maintained by local authorities in Wales.
Chapter IV The Funding Authorities
The Authorities
F2420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2521. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Functions
F2622. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2723. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2824. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplemental
F2925. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3026. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter V Allocation of responsibility for education at school between LEA and funding authority
F3127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter VI Supplemental
Allocation of functions
F3228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provision of information
29 Provision of information by F114local authorities .
1
A F73local authority shall—
a
make such reports and returns to the Secretary of State, and
b
give to the Secretary of State such information,
as he may require for the purpose of the exercise of his functions under this Act.
F332
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
A F73local authority shall—
a
compile such information, and
b
make such provision for conducting, or assisting the conduct of, research,
4
The Secretary of State shall exercise his powers under subsection (3) so as to secure, in particular, the provision of information relating to the provision of education for children with special educational needs.
F824A
In subsection (4) as it applies in relation to the Welsh Ministers, the reference to special educational needs is to be interpreted as a reference to additional learning needs.
5
A F73local authority shall, at such time or times and in such manner as may be required by regulations, publish such information as may be so required with respect to their policy and arrangements in respect of any matter relating to primary or secondary education.
F1116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F456A
The Welsh Ministers may, by regulations, require local authorities in Wales to publish prescribed information, at such times and in such manner as may be prescribed, for the purpose of providing information to the public about whether, and if so how, local authority education functions are being exercised to promote the purpose of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (see section 1 of that Act).