Education and Inspections Act 2006 (c. 40)

Part 1 E+W Education functions of local authorities

4 Duty to identify children not receiving education E+W

(1) In Chapter 2 of Part 6 of EA 1996 (school attendance) before the cross-heading preceding section 437 insert—

“Children not receiving suitable education E+W

436A Duty to make arrangements to identify children not receiving education

(1) A [F1 local 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 [F1 local 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.”

(2) In section 437 of EA 1996, in subsection (8) omit the definition of “suitable education”.

(3) In section 580 of EA 1996 (index) for the entry in the second column which relates to the expression “suitable education (in Chapter 2 of Part 6)” substitute “ section 436A(3) ”.

Textual Amendments

F1 Words in Pts. 1-7 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 14(2)

Commencement Information

I1 S. 4 in force at 27.2.2007 for E. by S.I. 2006/3400, art. 6(a)

I2 S. 4 in force at 1.9.2009 for W. by S.I. 2009/1027, art. 3(a)