Education Act 2002

176 Consultation with pupils E+W

(1) It shall be the duty—

(a) of a local education authority, in the exercise of any of their schools functions, and

(b) of the governing body of a maintained school, in the exercise of any function relating to the conduct of the school,

to have regard to any guidance given from time to time by the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) about consultation with pupils in connection with the taking of decisions affecting them.

(2) Any guidance under this section must provide for a pupil’s views to be considered in the light of his age and understanding.

(3) In this section—

• “maintained school” means a community, foundation or voluntary school or a community or foundation special school;

• “pupil” does not include a child who is being provided with nursery education (whether at a school or elsewhere);

• “schools functions”, in relation to a local education authority, means functions relating to—

  (a)

  maintained schools,

  (b)

  pupil referral units, or

  (c)

  the provision of education for children of compulsory school age otherwise than at school.

Commencement Information

I1 S. 176 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I2 S. 176 in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2