School Standards and Framework Act 1998

Part IV U.K. Other provisions about school education

Home-school agreements E+W

110 Home-school agreements. E+W

(1) The governing body of a school which is—

(a) a maintained school, or

(b) a city technology college [F1 , a city college for the technology of the arts or [F2 an Academy]],

shall adopt a home-school agreement for the school, together with a parental declaration to be used in connection with the agreement.

(2) For the purposes of this section and section 111 a “home-school agreement” is a statement specifying—

(a) the school’s aims and values;

(b) the school’s responsibilities, namely the responsibilities which the school intends to discharge in connection with the education of pupils at the school who are of compulsory school age;

(c) the parental responsibilities, namely the responsibilities which the parents of such pupils are expected to discharge in connection with the education of their children while they are registered pupils at the school; and

(d) the school’s expectations of its pupils, namely the expectations of the school as regards the conduct of such pupils while they are registered pupils there;

and “parental declaration” means a document to be used by qualifying parents for recording that they take note of the school’s aims and values and its responsibilities and that they acknowledge and accept the parental responsibilities and the school’s expectations of its pupils.

(3) The governing body shall take reasonable steps to secure that the parental declaration is signed by every qualifying parent.

(4) Subsection (3) does not, however, require the governing body to seek the signature of a qualifying parent if, having regard to any special circumstances relating to the parent or the pupil in question, they consider that it would be inappropriate to do so.

(5) Where the governing body consider that a registered pupil at the school has a sufficient understanding of the home-school agreement as it relates to him, they may invite the pupil to sign the parental declaration as an indication that he acknowledges and accepts the school’s expectations of its pupils.

(6) The governing body shall discharge their duty under subsection (3), and (where they decide to exercise it) shall exercise their power under subsection (5), as follows—

(a) in the case of a pupil attending the school on the relevant date, as soon after that date as is reasonably practicable; and

(b) in the case of a pupil admitted to the school after the relevant date, as soon after the date of his admission as is reasonably practicable.

(7) The governing body shall from time to time review the home-school agreement.

(8) Where the home-school agreement is revised by the governing body following such a review, subsections (3) to (6) shall, in the case of pupils admitted to the school after the revision takes effect, accordingly apply in relation to the revised agreement.

(9) Before adopting the home-school agreement or parental declaration, or revising that agreement, the governing body shall consult—

(a) all qualifying parents, and

(b) such other persons as may be prescribed.

(10) In this section—

• “qualifying parent” means a registered parent of a pupil at the school who is of compulsory school age;

• “the relevant date” means such date as the Secretary of State may by order appoint or such later date as he may determine in the case of the school in question.

Subordinate Legislation Made

P1 S. 110 power fully exercised (12.11.1998): 1.9.1999 appointed day by S.I. 1998/2877

Textual Amendments

F1 Words in s. 110(1)(b) substituted (28.7.2000) by 2000 c. 21, s. 149, Sch. 9 para. 85

F2 Words in s. 110(1)(b) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65, 216, Sch. 7 para. 9 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

Modifications etc. (not altering text)

C1 S. 110(1)(a) modified (temp.) by S.I. 1998/2834, art. 2

Commencement Information

I1 S. 110 wholly in force; s. 110 not in force at Royal Assent see s. 145(3); s. 110 in force at 1.2.1999 by S.I. 1998/2212, art. 2, Sch. 1 Pt. III

111 Supplementary provisions about home-school agreements. E+W

(1) In discharging any function under section 110 the governing body of a school shall have regard to any guidance given from time to time by the Secretary of State.

(2) If the Secretary of State by order so provides, the governing body of a school to which subsection (1) of that section applies shall ensure that any form of words—

(a) specified in the order, or

(b) having such effect as is so specified,

is not used in a home-school agreement or (as the case may be) in a parental declaration.

(3) An order under subsection (2) may apply—

(a) to any school specified in the order, or

(b) to any description of school so specified.

(4) Neither the governing body of a school to which section 110(1) applies nor the local education authority where it is the admission authority for such a school shall—

(a) invite any person to sign the parental declaration at a time when the child in question has not been admitted to the school;

(b) make it a condition of a child being admitted to the school that the parental declaration is signed in respect of the child; or

(c) make any decision as to whether or not to admit a child to the school by reference to whether any such declaration is or is not likely to be signed in respect of the child;

and in this subsection “admission authority” has the meaning given by section 88(1).

(5) No person shall be excluded from such a school or suffer any other adverse consequences on account of any failure to comply with any invitation to sign the parental declaration.

(6) A home-school agreement shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort.

Extension of educational opportunities for Key Stage 4 pupils E+W

112 Extended work experience for Key Stage 4 pupils. E+W

(1) Section 560 of the M1 Education Act 1996 (work experience during compulsory schooling) shall be amended as follows.

(2) For subsections (1) and (2) there shall be substituted—

“(1) The enactments relating to the prohibition or regulation of the employment of children shall not apply to the employment of a child in his last two years of compulsory schooling if the employment is in pursuance of arrangements made—

(a) by a local education authority, or

(b) by the governing body of a school on behalf of such an authority,

with a view to providing him with work experience as a part of his education.

(2) For the purposes of subsection (1) a child shall be taken to be in his last two years of compulsory schooling as from the beginning of the last two school years at his school during the whole or part of which he is of compulsory school age.”

(3) In subsection (6) (disapplication of sections 495 and 496 of the Act), the words “or the governing body of a grant-maintained school” shall be omitted.

Commencement Information

I2 S. 112 partly in force; s. 112 not in force at Royal Assent see s. 145(3); s. 112(1)(2) in force at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1 Pt. I

Marginal Citations

M1 1996 c. 56.

113 Provision of secondary education for Key Stage 4 pupils by FE institutions. E+W

(1) In section 18(1) of the M2 Further and Higher Education Act 1992 (principal powers of a further education corporation), after paragraph (a) there shall be inserted—

“(aa) in pursuance of arrangements made—

(i) by a local education authority, or

(ii) by the governing body of a school on behalf of such an authority,

provide secondary education to pupils in the fourth key stage, and”.

(2) After section 52 of that Act there shall be inserted—

“52A Duty to safeguard pupils receiving secondary education.

(1) This section applies where secondary education is provided to pupils in the fourth key stage—

(a) by a further education corporation in pursuance of arrangements falling within section 18(1)(aa) of this Act, or

(b) by a designated institution in pursuance of arrangements made—

(i) by a local education authority, or

(ii) by the governing body of a school on behalf of such an authority.

(2) The governing body of the corporation or institution shall secure that, except in such circumstances as may be prescribed by regulations, no education is provided to a person who has attained the age of nineteen years in a room in which any such pupils are for the time being receiving secondary education.”

Marginal Citations

M2 1992 c. 13.

School meals E+W

114 Nutritional standards for school lunches. E+W

(1) Regulations may prescribe nutritional standards, or other nutritional requirements, which (subject to such exceptions as may be provided for by or under the regulations) are to be complied with in connection with the provision of school lunches for

[F3 (a)] registered pupils at schools maintained by local education authorities [F4 , or]

[F5 (b) other persons who are provided with school lunches free of charge in accordance with section 512ZB of the Education Act 1996;].

(2) Where a local education authority or the governing body provide school lunches for registered pupils at such a school [F6 or for such other persons who are provided with school lunches free of charge] , they shall secure that any applicable provisions of regulations under this section are complied with.

(3) Subsection (2) applies—

(a) whether the lunches are provided on school premises or at any other place where education is being provided; and

(b) [F7 in the case of lunches provided to registered pupils at schools maintained by local education authorities,] whether they are being provided in pursuance of any statutory requirement or otherwise.

(4) Regulations under this section may—

(a) make different provision for pupils of different ages;

(b) authorise the Secretary of State to determine the time as from which any provisions of the regulations are to apply to a particular local education authority or school.

(5) In this section “school lunch”, in relation to a pupil, means food made available for consumption by the pupil as his midday meal on a school day, whether involving a set meal or the selection of items by him or otherwise.

Textual Amendments

F3 S. 114(1): "(a)" inserted (31.3.2003 for W. otherwise prosp.) by Education Act 2002 (c. 32), ss. 201(3)(a), 216 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II

F4 Word "or" and s. 114(1)(b) inserted (31.3.2003 for W. otherwise prosp.) by Education Act 2002 (c. 32), ss. 201(3)(a), 216 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II

F5 Word "or" and s. 114(1)(b) inserted (31.3.2003 for W. otherwise prosp.) by Education Act 2002 (c. 32), ss. 201(3)(a), 216 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II

F6 Words in s. 114(2) inserted (31.3.2003 for W. otherwise prosp.) by Education Act 2002 (c.32), ss. 201(3)(b), 216 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II

F7 Words in s. 114(3)(b) inserted (31.3.2003 for W. otherwise prosp.) by Education Act 2002 (c.32), ss. 201(3)(c), 216 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II

115 Extension of LEA functions concerning school lunches, etc. E+W

[F8 (1) Section 512 of the M3 Education Act 1996 (provision by LEAs of meals etc. at maintained schools) shall be amended as follows.

(2) After subsection (1) there shall be inserted—

“(1A) A local education authority shall, if requested to do so by or on behalf of any registered pupils at a school maintained by the authority, provide school lunches for those pupils; but the authority shall not be required to provide a school lunch—

(a) where in the circumstances it would be unreasonable for them to do so, or

(b) where the pupil in question has not attained compulsory school age and is being provided with part-time education.

(1B) Any school lunches provided by a local education authority under subsection (1A) may—

(a) be provided either on the school premises or at any place other than the school premises where education is being provided for the pupils in question; and

(b) take such form as the authority think fit.”

(3) In subsection (2) (obligation to charge for meals etc.), after “subsection (1)” there shall be inserted “ or (1A) ”.

(4) In subsection (3), for paragraphs (a) and (b) there shall be substituted—

“(a) shall so exercise their power under subsection (1) as to ensure that a school lunch is provided for him, which shall be provided free of charge, and

(b) if in the exercise of that power they provide him with milk, shall provide it free of charge.”

(5) After subsection (5) there shall be added—

“(6) In this section “school lunch”, in relation to a pupil, means food made available for consumption by the pupil as his midday meal on a school day, whether involving a set meal or the selection of items by him or otherwise.”]

Textual Amendments

F8 S. 115 repealed (31.3.2003 for W. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II

Commencement Information

I3 S. 115 wholly in force at 20.7.2001; s. 115 not in force at Royal Assent see s. 145(3); s. 115(1)(4)(5) in force at 1.4.1999 by S.I. 1999/1016, art. 2(1), Sch. 1 (with arts. 3-6, Sch. 4); s. 115(2)(3) in force for E. at 1.4.2001 by S.I. 2001/1195, art. 2; s. 115(2)(3) in force for W. at 20.7.2001 by S.I. 2001/2663, art. 2

Marginal Citations

M3 1996 c. 56.

116 Transfer of LEA functions concerning school lunches, etc. to governing bodies. E+W

After section 512 of the Education Act 1996 there shall be inserted—

“512A Transfer of functions under section 512 to governing bodies.

(1) The Secretary of State may by order make provision for imposing on the governing body of any school to which the order applies a duty or duties corresponding to one or more of the duties of the local education authority which are mentioned in subsection (2).

(2) Those duties are—

(a) the duty to provide school lunches in accordance with section 512(1A) and (1B);

(b) the duty to provide school lunches free of charge in accordance with section 512(3)(a); and

(c) the duty to provide milk free of charge in accordance with section 512(3)(b).

(3) An order under this section may (subject to subsection (6)) apply to—

(a) all maintained schools; or

(b) any specified class of such schools; or

(c) all such schools, or any specified class of such schools, maintained by specified local education authorities.

(4) Where any duty falls to be performed by the governing body of a school by virtue of an order under this section—

(a) the corresponding duty mentioned in subsection (2) shall no longer fall to be performed by the local education authority in relation to the school; and

(b) if the duty corresponds to the one mentioned in subsection (2)(b) or (c), section 533(3) shall not apply to any school lunches or milk provided by the governing body in pursuance of the order.

(5) An order under this section may provide for section 513(2) not to apply—

(a) to local education authorities generally, or

(b) to any specified local education authority,

either in relation to all pupils for whom provision is made by the authority under section 513 or in relation to all such pupils who are of such ages as may be specified.

(6) An order under this section shall not operate to—

(a) impose any duty on the governing body of a school, or

(b) relieve a local education authority of any duty in relation to a school,

at any time when the school does not have a delegated budget; and such an order may provide for section 512(2)(b) above to have effect, in relation to any provision made at any such time by the local education authority for pupils at the school, with such modifications as may be specified.

(7) In this section—

• “delegated budget” and “maintained school” have the same meaning as in the School Standards and Framework Act 1998;

• “school lunch” has the same meaning as in section 512 above;

• “specified” means specified in an order under this section.”