C2Part V Nursery education
Nursery education
117 Definition of “nursery education”.
In this Part “nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere).
General duty of local education authority
118 Duty of LEA as respects availability of nursery education.
1
A local education authority shall secure that the provision (whether or not by them) of nursery education for children who—
a
have not attained compulsory school age, but
b
have attained such age as may be prescribed,
is sufficient for their area.
2
In determining for the purposes of subsection (1) whether the provision of such education is sufficient for their area a local education authority—
a
may have regard to any facilities which they expect to be available outside their area for providing such education; and
b
shall have regard to any guidance given from time to time by the Secretary of State.
118AF1 Duties of LEA in respect of childcare
1
A local education authority shall review annually the sufficiency of childcare provision for their area.
2
In carrying out a review for the purposes of subsection (1), a local education authority—
a
may have regard to any facilities which they expect to be available outside their area for providing childcare; and
b
shall have regard to any guidance given from time to time by the Secretary of State.
3
A local education authority shall also establish and maintain a service providing information to the public relating to the provision of childcare and related services in their area.
4
In relation to the function, form and content of a service established and maintained under subsection (3), a local education authority shall have regard to any guidance given from time to time by the Secretary of State.
Early years development F7and childcare partnerships
Words in cross-heading before s. 119 inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
119 Early years development F2and childcare partnerships.
1
Every local education authority shall establish for their area a body to be known as an early years development F3and childcare partnership (“the partnership”).
2
In establishing the partnership and determining its constitution the authority shall have regard to any guidance given from time to time by the Secretary of State.
3
The authority may establish a sub-committee of the partnership for any part of their area.
4
The authority shall make arrangements—
a
for the meetings and proceedings of the partnership and any such sub-committee, and
b
for the partnership (and any such sub-committee) to be provided with accommodation and with such services as the authority consider appropriate.
5
The functions of the partnership shall be to work with the authority—
a
in reviewing the sufficiency of the provision of nursery education for the authority’s area for the purposes of section 118, F4. . .
6
The Secretary of State may by order confer on early years development F6and childcare partnerships such additional functions as are specified in the order.
Early years development F33and childcare plans
Words in cross-heading before s. 120 inserted (1.10.2002 for E. and 31.3.2003 for W.) by Education Act 2002 (c. 32), ss. 150(5), 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3, (with Sch.); S.I. 2002/3185, art. 5, Sch. Pt. II
C1120 Early years development F8and childcare plans.
F381
Every local education authority shall, in conjunction with the early years development F9and childcare partnership for their area—
a
prepare an early years development F10and childcare plan for their area, and
b
prepare further such plans at such intervals as may be determined by or in accordance with regulations.
2
An early years development F11and childcare plan shall consist of—
a
F13b
a statement which sets out the authority’s proposals for providing or promoting the provision of childcare for their area, and
c
background and supporting statements.
F143
The statement mentioned in subsection (2)(a) must deal with such matters, and relate to such period, as may be determined by or in accordance with regulations.
4
n relation to the form and content of the statements mentioned in subsection (2)(b) and (c) the authority shall have regard to any guidance given from time to time by the Secretary of State.
121 Approval, modification and review of statement of proposals.
F391
2
The Secretary of State may in the case of any F17plan submitted to him under this section—
a
approve the F17plan in any of the following ways, namely wholly or in part, for a limited period of time, or subject to conditions;
b
require the authority to make such modifications to the F17plan as he may specify; or
c
reject the F17plan .
3
If the Secretary of State approves the F18plan—
a
he shall notify the authority of his decision; and
b
the authority shall implement the F18plan , so far as approved by the Secretary of State, as from such date as he may determine.
4
If the Secretary of State requires the authority to make modifications or rejects the F19plan—
a
he shall notify the authority of his decision and of his reasons for it; and
b
the authority shall prepare a revised F19plan and submit it to the Secretary of State for his approval under this section by such date as he may determine.
5
Once the Secretary of State has approved an authority’s F20plan under subsection (2), he shall keep under review the authority’s F20plan , as approved by him, and F21its implementation by the authority, and—
a
b
where he is of the opinion that the authority’s F23plan is not being properly implemented by them, he may withdraw his approval for such period as he thinks fit.
6
If under subsection (5) the Secretary of State withdraws his approval of a F24plan—
a
he shall notify the authority of his decision and of his reasons for it; and
b
in a case falling within paragraph (a) of that subsection, the authority shall prepare a revised F25plan and submit it to him for his approval under this section by such date as he may determine.
7
Section 120 shall apply to the preparation of a revised F26plan under subsection (4)(b) or (6)(b), with such modifications (if any) as the Secretary of State may determine.
8
At any time after the Secretary of State has approved an authority’s F27plan under subsection (2)—
a
b
the Secretary of State may approve the modifications, whether in whole or in part, for a limited period of time, or subject to conditions, and
9
Once the Secretary of State has approved—
a
an authority’s F31plan under subsection (2), or
b
the modification of an authority’s F31plan under subsection (8),
the authority shall publish their F32. . . plan (or their plan as so modified) in such manner and by such date as may be prescribed, and shall provide such persons as may be prescribed with copies of that plan or of a summary of that plan.
Inspection of nursery education
122 Inspection of nursery education.
1
Schedule 26 (inspections, etc. of providers of nursery education) shall have effect.
F362
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Any register of nursery education inspectors established by F40the Chief InspectorF40the Chief Inspector for Wales under Schedule 1 to that Act shall be treated as established by him under Schedule 26 to this Act; and accordingly anything done under Schedule 1 to that Act in connection with the registration of (or any refusal to register) any person in that register shall, if effective immediately before the commencement of this section, continue to have effect as if done under Schedule 26 to this Act.
4
Further provisions relating to nursery education
123 Children with special educational needs.
1
It shall be the duty of—
a
any local education authority or other person providing relevant nursery education, and
b
any person employed by such an authority or other person, or otherwise engaged to provide his services, in the provision of such education,
(except where a duty is already imposed by subsection (2) of section 313 of the M1Education Act 1996) to have regard to the provisions of the code of practice issued under that section (practical guidance in respect of the discharge of functions under Part IV of that Act).
2
That code of practice may include practical guidance in respect of the provision of relevant nursery education for children with special educational needs in circumstances where functions under Part IV of the M2Education Act 1996 do not fall to be discharged.
3
But unless that code of practice includes provision made by virtue of subsection (2)—
a
the Secretary of State shall publish a document explaining how the practical guidance contained in that code applies in circumstances where functions under Part IV of the M3Education Act 1996 do not fall to be discharged, and
b
the duty imposed by subsection (1) includes a duty to have regard to the provisions of that document.
F353A
Subsection (3B) applies if—
a
a local education authority or other person providing relevant nursery education for a child makes special educational provision for him because it is considered that he has special educational needs;
b
no statement under section 324 of the Education Act 1996 is maintained for the child; and
c
his parent has not previously been informed under subsection (3B) of the special educational provision made for him.
3B
The local education authority or other person concerned must inform the child’s parent that special educational provision is being made for him because it is considered that he has special educational needs.
4
In this section “relevant nursery education” means nursery education which is provided—
a
by a local education authority, or
b
by any other person who is in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a).
124 Travel arrangements for children receiving nursery education otherwise than at school.
After section 509 of the M4Education Act 1996 there shall be inserted—
509A Travel arrangements for children receiving nursery education otherwise than at school.
1
A local education authority may provide a child with assistance under this section if they are satisfied that, without such assistance, he would be prevented from attending at any premises—
a
which are not a school or part of a school, but
b
at which relevant nursery education is provided,
for the purpose of receiving such education there.
2
The assistance which may be provided for a child under this section consists of either—
a
making arrangements (whether for the provision of transport or otherwise) for the purpose of facilitating the child’s attendance at the premises concerned, or
b
paying the whole or any part of his reasonable travel expenses.
3
When considering whether to provide a child with assistance under this section in connection with his attendance at any premises, a local education authority may have regard (among other things) to whether it would be reasonable to expect alternative arrangements to be made for him to receive relevant nursery education at any other premises (whether nearer to his home or otherwise).
4
Where the assistance to be provided for a child under this section consists of making arrangements for the provision of transport, the authority may, if they consider it appropriate to do so, determine that the assistance shall not be so provided unless—
a
the child’s parent, or
b
the person providing the relevant nursery education concerned,
agrees to make to the authority such payments in respect of the provision of the transport (not exceeding the cost to the authority of its provision) as they may determine.
5
In this section “relevant nursery education” means nursery education which is provided—
a
by a local education authority, or
b
by any other person—
i
who is in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a) of the School Standards and Framework Act 1998, or
ii
who is in receipt of grants under section 1 of the M5Nursery Education and Grant-Maintained Schools Act 1996.
Pt. 5: Power to apply (with modifications) conferred (19.12.2002) by Education Act 2002 (c. 32), ss. 193(5), 216, (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1