Legalize / United Kingdom / Public General Act

Education Act 1996

Type Public General Act

Publication 1996-07-24

Last updated 2026-08-18

State In force

Department Statute Law Database

Source legislation.gov.uk

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388

Exceptions and special arrangements

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389

Constitution of standing advisory councils on religious education

Constitution of advisory councils.

390

(1) A local authority shall constitute a standing advisory council on religious education for the purposes mentioned in section 391(1).

(2) The council shall consist of such groups of persons appointed by the authority as representative members (“representative groups”) as are required by subsection (4).

(3) The council may also include co-opted members (that is, persons co-opted as members of the council by members of the council who have not themselves been so co-opted).

(4) The representative groups required by this subsection are—

(a) a group of persons to represent such Christian denominations and other religions and denominations of such religions as, in the opinion of the authority, will appropriately reflect the principal religious traditions in the area;

(b) except in the case of an area in Wales, a group of persons to represent the Church of England;

(c) a group of persons to represent such associations representing teachers as, in the opinion of the authority, ought to be represented, having regard to the circumstances of the area; and

(d) a group of persons to represent the authority.

(5) Where a representative group is required by subsection (4)(b), the representative group required by subsection (4)(a) shall not include persons appointed to represent the Church of England.

(6) The number of representative members appointed to any representative group under subsection (4)(a) to represent each denomination or religion required to be represented shall, so far as consistent with the efficient discharge of the group’s functions, reflect broadly the proportionate strength of that denomination or religion in the area.

(7) On any question to be decided by the council only the representative groups on the council shall be entitled to vote, and each representative group shall have a single vote.

Functions of advisory councils.

391

(1) The purposes referred to in section 390(1) are—

(a) to advise the local authority on such matters connected with—

(i) religious worship in community schools or in foundation schools which (within the meaning of Part II of the School Standards and Framework Act 1998) do not have a religious character, and

(ii) the religious education to be given in accordance with an agreed or other syllabus in accordance with Schedule 19 to that Act,

as the authority may refer to the council or as the council may see fit, and

(b) to carry out the functions conferred on them by section 394.

(2) The matters referred to in subsection (1)(a) include, in particular, methods of teaching, the choice of materials and the provision of training for teachers.

(3) The representative groups on the council required by section 390(4), other than the group consisting of persons appointed to represent the authority, may at any time require a review of any agreed syllabus for the time being adopted by the authority.

(4) Each representative group concerned shall have a single vote on the question of whether to require such a review.

(5) Paragraph 3 of Schedule 31 has effect to require the authority, on receiving written notification of any such requirement, to cause a conference constituted in accordance with that Schedule to be convened for the purpose of reconsidering any agreed syllabus to which the requirement relates.

(6) The council shall in each year publish a report as to the exercise of their functions and any action taken by representative groups on the council under subsection (3) during the last preceding year.

(7) The council’s report shall in particular—

(a) specify any matters in respect of which the council have given advice to the authority,

(b) broadly describe the nature of the advice given, and

(c) where any such matter was not referred to the council by the authority, give the council’s reasons for offering advice on that matter.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) A council for an area in Wales must send a copy of each report published by them under subsection (6) to the Welsh Ministers.

Advisory councils: supplementary provisions.

392

(1) In this section “the council” means the standing advisory council on religious education constituted by a local authority under section 390.

(2) Before appointing a person to represent any religion, denomination or associations as a member of the council, the authority shall take all reasonable steps to assure themselves that he is representative of the religion, denomination or associations in question.

(3) A member of the council who was appointed by the authority may be removed from membership by the authority if, in their opinion, he ceases to be representative of the religion, denomination or associations which he was appointed to represent or (as the case may be) he ceases to be representative of the authority.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A person co-opted as a member of the council shall hold office on such terms as may be determined by the members co-opting him.

(6) A member of the council may at any time resign his office.

(7) Subject to section 390(7), the council and, in relation to any question falling to be decided by members of the council of any particular category, the members of that category, may regulate their own proceedings.

(8) The validity of proceedings of the council or of the members of the council of any particular category shall not be affected—

(a) by a vacancy in the office of any member of the council required by section 390(2), or

(b) on the ground that a member of the council appointed to represent any religion, denomination or associations does not at the time of the proceedings represent the religion, denomination or associations in question.

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393

Determinations by standing advisory councils

Determination of cases in which requirement for Christian collective worship is not to apply.

394

(1) The council constituted by a local authority under section 390 shall, on an application made by the head teacher of—

(a) any community school maintained by the authority, or

(b) any foundation school which has not been designated under section 69(3) of the School Standards and Framework Act 1998 by the Secretary of State as having a religious character,

consider whether it is appropriate for the requirement imposed by paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 (requirement for Christian collective worship) to apply in the case of the school or in the case of any class or description of pupils at the school.

(2) In determining whether it is appropriate for that requirement to apply as mentioned in subsection (1), the council shall have regard to any circumstances relating to the family backgrounds of the pupils at the school, or of the pupils of the particular class or description in question, which are relevant for determining the character of the collective worship appropriate in their case.

(3) The council shall give the head teacher written notification of their decision on the application.

(4) Where the council determine that it is not appropriate for the requirement to apply as mentioned in subsection (1), the determination shall take effect for the purposes of paragraph 4 of Schedule 20 to the School Standards and Framework Act 1998 (disapplication of requirement for Christian collective worship) on such date as may be specified in the notification of the council’s decision under subsection (3).

(5) Before making an application under subsection (1), the head teacher of a school shall consult the governing body.

(6) On being consulted by the head teacher, the governing body may if they think fit take such steps as they consider appropriate for consulting all persons appearing to them to be parents of registered pupils at the school.

(7) An application under subsection (1) shall be made in such manner and form as the council may require.

(8) Where an application is made under subsection (1)(a) in respect of a community school which becomes a foundation school (by virtue of the relevant enactments) before the application is determined, it shall, unless withdrawn by the head teacher, continue as if made under subsection (1)(b).

(9) In subsection (8) “the relevant enactments” means—

(a) in relation to England, sections 18 to 24 of the Education and Inspections Act 2006;

(b) in relation to Wales, section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998.

Review of determinations under section 394.

395

(1) Any determination by a council under section 394 by virtue of which the requirement imposed by paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 does not for the time being apply in the case of a school or a class or description of pupils at a school shall be reviewed by the council—

(a) at any time on an application made by the head teacher, and

(b) in any event not later than the end of the period of five years beginning with the date on which the determination first took effect or (where it has since been reviewed under this section) with the effective date of the decision on the last review.

(2) On any review under subsection (1)(b) the council shall give the head teacher an opportunity of making representations as to the determination under review.

(3) On a review under this section, the council may—

(a) confirm the determination, with or without variation, or

(b) revoke it (without prejudice to any further determination under section 394).

(4) The council shall give the head teacher written notification of their decision, specifying the effective date of that decision for the purposes of subsection (1)(b).

(5) Any determination which is required to be reviewed under subsection (1)(b) shall cease to have effect, if not confirmed on such a review, at the end of the period there mentioned.

(6) The head teacher of a school shall consult the governing body before making an application under subsection (1)(a) or any representations under subsection (2).

(7) On being consulted by the head teacher, the governing body may if they think fit take such steps as they consider appropriate for consulting all persons appearing to them to be parents of registered pupils at the school.

(8) An application under subsection (1)(a) shall be made in such manner and form as the council may require.

Power of Secretary of State to direct advisory council to revoke determination or discharge duty.

396

(1) Where the Secretary of State is satisfied, either on complaint by any person or otherwise, that any standing advisory council on religious education constituted by a local authority under section 390—

(a) have acted, or are proposing to act, unreasonably in determining for the purposes of section 394 or 395 whether it is appropriate for the requirement imposed by paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 to apply in the case of any school or any class or description of pupils at a school, or

(b) have failed to discharge any duty imposed under section 394 or 395,

he may give the council such directions as to the revocation of the determination, or the withdrawal of the proposed determination or (as the case may be) the discharge of the duty as appear to him to be expedient; and the council shall comply with the directions.

(2) Directions under subsection (1) may provide for the making by the council of a new determination to take effect in place of the determination or proposed determination to be revoked or withdrawn by them.

Access to meetings and documents

Religious education: access to meetings and documents.

397

(1) This section applies to—

(a) any conference convened under any of paragraphs 1 to 3 of Schedule 31, and

(b) any standing advisory council on religious education constituted under section 390.

(2) Regulations may make provision—

(a) for meetings of conferences or councils to be, subject to prescribed exceptions, open to members of the public,

(b) requiring conferences or councils to give notice, in such manner as may be prescribed, of the time and place of such meetings, and

(i) to make available for inspection, or

(ii) to provide on payment of such fee as they think fit (not exceeding the cost of supply),

copies of the agendas and reports for such meetings to members of the public.

(3) Regulations made under subsection (2) may apply to—

(a) committees appointed by local authorities under paragraph 4 of Schedule 31,

(b) sub-committees appointed by conferences under that Schedule, and

as they apply to conferences and councils.

Miscellaneous

No requirement of attendance at Sunday school etc.

398

(1) It shall not be required, as a condition of—

(a) a pupil attending a maintained school, or

(b) a person attending such a school to receive further education or any training for members of the school workforce ,

that he must attend or abstain from attending a Sunday school or a place of religious worship.

(2) In subsection (1)(b), the reference to training for members of the school workforce is to be read in accordance with sections 96(1) and 100 of the Education Act 2005.

Determination of question whether religious education in accordance with trust deed.

399

Where any trust deed relating to a foundation or voluntary school makes provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide whether the religious education given in the school which purports to be in accordance with the provisions of the trust deed does or does not accord with those provisions, that question shall be determined in accordance with the provisions of the trust deed.

Chapter IV — Miscellaneous and supplementary provisions

Courses leading to external qualifications

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400

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401

Obligation to enter pupils for public examinations

Obligation to enter pupils for public examinations.

402

(1) Subject to subsections (2) and (3), the governing body of a maintained school shall secure that each registered pupil at the school is entered, at such time as they consider appropriate, for each prescribed public examination for which he is being prepared at the school at the time in question in each syllabus for that examination for which he is being so prepared.

(2) The governing body are not required to secure that a pupil is entered for any examination, or for an examination in any syllabus for that examination, if either—

(a) they consider that there are educational reasons in the case of that particular pupil for not entering him for that examination or (as the case may be) for not entering him for that examination in that syllabus, or

(b) the parent of the pupil requests in writing that the pupil should not be entered for that examination or (as the case may be) for that examination in that syllabus;

but this subsection does not apply to an examination which is part of the assessment arrangements for the fourth key stage and applies in the case of that pupil.

(2A) But subsection (2) does not apply to—

(a) an examination which is part of the assessment arrangements for the fourth key stage and applies in the case of that pupil (if the pupil is registered at a school maintained by a local authority in England), or

(b) an examination which is part of the assessment arrangements for pupils of compulsory school age who have completed the school year in which the majority of the pupils in their class attained the age of 14 and applies in the case of that pupil (if the pupil is registered at a school maintained by a local authority in Wales).

(3) The governing body are not required to secure that a pupil is entered for any examination in any syllabus for that examination if they have secured his entry for another prescribed public examination in a corresponding syllabus.

(4) For the purposes of subsection (3) a syllabus for a prescribed public examination shall be regarded as corresponding to a syllabus for another prescribed public examination if the same course of study is provided at the school in preparation for both syllabuses.

(5) As soon as practicable after determining whether or not to secure the entry of any pupil for a prescribed public examination in any syllabus for which he is being prepared at the school, the governing body shall notify the pupil’s parent in writing of their determination in relation to each such syllabus.

(6) In this section—

(a) “maintained school” includes a community or foundation special school established in a hospital;

(aa) “assessment arrangements” and “fourth key stage”—

(i) in relation to a school maintained by a local authority in England, have the same meaning as in Part 6 of the Education Act 2002 (the curriculum in England), and

(ii) in relation to a school maintained by a local authority in Wales, have the same meaning as in Part 7 of that Act (the curriculum in Wales); and

(ab) “assessment arrangements”, in relation to a school maintained by a local authority in Wales, has the same meaning as in Part 4 of the Curriculum and Assessment (Wales) Act 2021 (assessment and progression);

(b) references to a prescribed public examination shall be construed in accordance with section 462.

Sex education

Sex education: manner of provision.

403

(1) The . . ., governing body and head teacher shall take such steps as are reasonably practicable to secure that where sex education is given to any registered pupils at a maintained school (whether or not as part of statutory relationships and sex education) , it is given in such a manner as to encourage those pupils to have due regard to moral considerations and the value of family life.

(1A) The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools—

(a) they learn the nature of marriage and its importance for family life and the bringing up of children, and

(b) they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned.

(1ZB) In subsection (1A) the reference to sex education does not include sex education given as part of statutory relationships and sex education.

(1B) In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State’s guidance.

(1C) Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools.

(1D) The Secretary of State may at any time revise his guidance under subsection (1A).

(2) In this section“maintained school” includes a community or foundation special school established in a hospital and “NHS body” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act) .

(2A) In this section “statutory relationships and sex education” means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.

Sex education: statements of policy.

404

(1) The governing body of a maintained school shall—

(a) make, and keep up to date, a separate written statement of their policy with regard to the provision of sex education, and

(b) make copies of the statement available for inspection (at all reasonable times) by parents of registered pupils at the school and provide a copy of the statement free of charge to any such parent who asks for one.

(1A) A statement under subsection (1) must include a statement of the effect of section 405.

(1B) In subsection (1) the reference to sex education does not include sex education given as part of statutory relationships and sex education (and accordingly subsection (1) does not apply at all in relation to a school at which sex education is only given as part of statutory relationships and sex education).

(2) In subsection (1) “maintained school” includes, in relation to pupils who are provided with secondary education, a community or foundation special school established in a hospital.

In this section—

“maintained school” includes, in relation to pupils who are provided with secondary education, a community or foundation special school established in a hospital;

“statutory relationships and sex education” means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption from sex education.

405

(1) If the parent of any pupil in attendance at a maintained school requests that he may be wholly or partly excused from receiving sex education at the school, the pupil shall, except so far as such education is comprised in the National Curriculum, be so excused accordingly until the request is withdrawn.

(2) In subsection (1) the reference to sex education does not include sex education provided at a maintained school in England as part of statutory relationships and sex education.

(3) If the parent of any pupil in attendance at a maintained school in England requests that the pupil may be wholly or partly excused from sex education provided as part of statutory relationships and sex education, the pupil must be so excused until the request is withdrawn, unless or to the extent that the head teacher considers that the pupil should not be so excused.

(4) In this section “statutory relationships and sex education” means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.

Politics

Political indoctrination.

406

(1) The local authority, governing body and head teacher shall forbid—

(a) the pursuit of partisan political activities by any of those registered pupils at a maintained school who are junior pupils, and

(b) the promotion of partisan political views—

(i) in the teaching of any subject in the school (in the case of a school in England), or

(ii) in the teaching of any aspect of a curriculum provided in the school under the Curriculum and Assessment (Wales) Act 2021 (in the case of a school in Wales)

(2) In the case of activities which take place otherwise than on the school premises, subsection (1)(a) applies only where arrangements for junior pupils to take part in the activities are made by—

(a) any member of the school’s staff (in his capacity as such), or

(b) anyone acting on behalf of the school or of a member of the school’s staff (in his capacity as such).

(3) In this section “maintained school” includes a community or foundation special school established in a hospital.

Duty to secure balanced treatment of political issues.

407

(1) The local authority, governing body and head teacher shall take such steps as are reasonably practicable to secure that where political issues are brought to the attention of pupils while they are—

(a) in attendance at a maintained school, or

(b) taking part in extra-curricular activities which are provided or organised for registered pupils at the school by or on behalf of the school,

they are offered a balanced presentation of opposing views.

(2) In this section “maintained school” includes a community or foundation special school established in a hospital.

Information

Provision of information.

408

(1) Regulations may require, in relation to every maintained school, the local authority, the governing body or the head teacher to make available either generally or to prescribed persons, in such form and manner and at such times as may be prescribed—

(a) such information (including information as to the matters mentioned in subsection (2)) relevant for the purposes of any of the relevant provisions of this Part or Part V of the Education Act 1997 or section 96 of the Learning and Skills Act 2000 or the relevant provisions of the Education Act 2002 or the provisions of Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 or the provisions of the Qualifications Wales Act 2015 or the provisions of the Curriculum and Assessment (Wales) Act 2021, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as may be prescribed.

(2) The matters referred to in subsection (1)(a) are—

(a) the curriculum for maintained schools,

(b) the educational provision made by the school for pupils at the school and any syllabuses to be followed by those pupils,

(c) the educational achievements of pupils at the school (including the results of any assessments of those pupils, whether under this Part or otherwise, for the purpose of ascertaining those achievements), and

(d) the educational achievements of such classes or descriptions of pupils as may be prescribed (including results of the kind mentioned in paragraph (c)). , and

(e) arrangements relating to relevant qualifications (within the meaning given by section 96(5) of the Learning and Skills Act 2000) which are approved under section 98 ... of that Act and to courses leading to such qualifications.

(f) arrangements relating to qualifications within the meaning given in section 56 of the Qualifications Wales Act 2015 which are approved under Part 4 of that Act and to courses of education or training leading to such qualifications.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of subsection (1) the relevant provisions of this Part are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) sections 390 to 392;

(e) sections 394 to 396 396A;

(f) sections 398 ... and 405; ...

(g) section 409 ; and

(h) in so far as subsection (1) applies in relation to Wales, sections 403 and 404.

(4A) For the purposes of subsection (1) the relevant provisions of the Education Act 2002 are—

(a) Part 6 (the curriculum in England), and

(b) sections 97 to 117 (the curriculum in Wales).

(5) Before making any regulations under this section, the Secretary of State shall consult any persons with whom consultation appears to him to be desirable.

(6) Regulations under this section shall not require information as to the results of an individual pupil’s assessment (whether under Part 6 or 7 of the Education Act 2002 or Part 4 of the Curriculum and Assessment (Wales) Act 2021 or otherwise) to be made available to any persons other than—

(a) the parents of the pupil concerned,

(b) the pupil concerned,

(d) the governing body of the school, or

(e) the local authority;

...

(6A) Regulations under this section shall not require information as is mentioned in subsection (6) to be made available—

(a) to a governing body except where relevant for the purposes of the performance of any of their functions;

(b) to a head teacher except where relevant for the purposes of the performance of any of the head teacher’s functions;

(7) Regulations under this section may authorise local authorities, governing bodies and head teachers to make a charge (not exceeding the cost of supply) for any documents supplied by them in pursuance of the regulations.

(8) In relation to any maintained school, the local authority and the governing body shall exercise their functions with a view to securing that the head teacher complies with any regulations made under this section.

(8A) In exercising their functions under subsection (1), the Welsh Ministers must have regard to the desirability of information being available to parents and others about whether, and if so how, any parts of the curriculum and any educational provision at maintained schools (other than maintained nursery schools) promote the purpose of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (see section 1 of that Act).

(9) In this section “maintained school” includes a maintained nursery school.

Complaints and enforcement

Complaints and enforcement: maintained schools in Wales.

409

(1) A local education authority in Wales shall, ... after consultation with governing bodies of foundation and voluntary aided schools in Wales, make arrangements for the consideration and disposal of any complaint to which subsection (2) applies.

(2) This subsection applies to any complaint which is to the effect that the authority, or the governing body of any community, foundation or voluntary school maintained by the authority , any maintained nursery school so maintained or any community or foundation special school so maintained which is not established in a hospital—

(a) have acted or are proposing to act unreasonably in relation to the exercise of a power conferred on them by or under a relevant enactment, or

(b) have acted or are proposing to act unreasonably in relation to the performance of, or have failed to discharge, a duty imposed on them by or under a relevant enactment.

(3) In subsection (2) “relevant enactment” means—

(a) any provision which by virtue of section 408(4) is a relevant provision of this Part for the purposes of section 408(1),

(aa) any provision which by virtue of section 408(4A) is a relevant provision of the Education Act 2002 for the purposes of section 408(1), and

(b) any other enactment (whether contained in this Part or the Curriculum and Assessment (Wales) Act 2021 or otherwise) so far as relating to the curriculum for, or religious worship in, maintained schools ....

(4) The Welsh Ministers shall not entertain under section 496 (power to prevent unreasonable exercise of functions) or 497 (powers where a local education authority or governing body fail to discharge their duties) Chapter 1 or 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in conduct of maintained schools and local authorities) any complaint to which subsection (2) applies, unless a complaint concerning the same matter has been made and disposed of in accordance with arrangements made under subsection (1).

Nursery education

Application of Part V in relation to nursery education.

410

Part VI — School admissions, attendance and charges

Chapter I — Admission, registration and withdrawal of pupils

Parental preferences

Parental preferences.

411

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411A

Admission arrangements for county and voluntary schools

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412

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413

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413A

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413B

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414

Admission numbers for county and voluntary schools

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415

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416

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417

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418

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419

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420

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421

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421A

New county and voluntary schools

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422

Admissions appeals relating to county and voluntary schools

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423

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423A

Nursery and special schools, etc.

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424

Admission arrangements for grant-maintained schools

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425

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425A

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425B

Admission numbers for grant-maintained schools

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426

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426A

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427

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428

Admissions appeals relating to grant-maintained schools

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429

Co-ordinated arrangements for admissions

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430

Power to direct admission of child to school

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431

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432

Time for admission of pupils

Time for admission of pupils.

433

(1) Section 14 (which requires a local authority to secure that sufficient schools for providing primary and secondary education are available for their area) shall not be construed as imposing any obligation on the proprietor of a school to admit children as pupils otherwise than at the beginning of a school term.

(2) Where, however, a child was prevented from entering a school at the beginning of a term—

(a) by his being ill or by other circumstances beyond his parent’s control, or

(b) by his parent’s having been then resident at a place from which the school was not accessible with reasonable facility,

the school’s proprietor is not entitled by virtue of subsection (1) to refuse to admit him as a pupil during the currency of the term.

(3) In cases where subsection (2) does not apply, the governing body of a school maintained by a local authority shall comply with any general directions given by the authority as to the time of admission of children as pupils.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Despite section 7 (duty of parent of child of compulsory school age to cause him to receive full-time education), a parent is not under a duty to cause a child to receive full-time education during any period during which, having regard to subsections (1) and (2), it is not practicable for the parent to arrange for him to be admitted as a pupil at a school.

Registration of pupils

Registration of pupils.

434

(1) The proprietor of a school shall cause to be kept, in accordance with regulations, a register containing the prescribed particulars in respect of all persons who are pupils at the school.

(2) Without prejudice to the generality of subsection (1), the prescribed particulars shall include particulars of the name and address of every person known to the proprietor to be a parent of a pupil at the school.

(3) The regulations shall prescribe the grounds on which names are to be deleted from a register kept under this section; and the name of a person entered in such a register as a pupil at a school—

(a) shall, when any of the prescribed grounds is applicable, be deleted from the register on that ground; and

(b) shall not be deleted from the register otherwise than on any such ground.

(4) The regulations may make provision—

(a) for enabling registers kept under this section to be inspected;

(b) for enabling extracts from such registers to be taken for the purposes of this Act by persons authorised to do so under the regulations; and

(i) the Secretary of State, and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) local authorities ,

such periodical or other returns as to the contents of the register as may be prescribed.

(5) In this Act—

“registered pupil”, in relation to a school, means a person registered as a pupil at the school in the register kept under this section; and

“registered”, in relation to the parents of pupils at a school or in relation to the names or addresses of such parents or pupils, means shown in that register.

(6) A person who contravenes or fails to comply with any requirement imposed on him by regulations under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Withdrawal of children from school: local authority involvement

434A

(1) A parent of a relevant child must obtain the consent of the relevant local authority to withdraw the child from school if the parent intends—

(a) that the child should cease to attend the school at which the child is a registered pupil, and

(b) to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school.

(2) A child is a “relevant child” for the purposes of this section if—

(a) the child is of compulsory school age,

(b) the child is a registered pupil at a school, and

(3) Condition A is that the child became a registered pupil under arrangements made by a local authority at—

(a) a special school within the meaning of section 337, or

(b) an independent school within the meaning of section 463 which—

(i) in the case of a school in England, is specially organised to make special educational provision for pupils with special educational needs;

(ii) in the case of a school in Wales, is wholly or mainly concerned with providing full-time education to persons for whom an individual development plan is maintained.

(4) Condition B is that a local authority is—

(a) conducting enquiries under section 47 of the Children Act 1989 (duty to investigate) in respect of the child, or

(b) taking action under section 47 (8) of that Act to safeguard or promote the child’s welfare, in a case where the enquiries mentioned in paragraph (a) have led the local authority to conclude that the child is suffering, or is likely to suffer, significant harm (within the meaning of section 31 (9) and (10) of that Act), or has taken such action during the period of five years ending with the date on which an application is made under subsection (6).

(5) Where the proprietor of a school is notified by a parent of a child who is a registered pupil at the school that the parent intends to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school, the proprietor must notify—

(a) the local authority responsible for the area in which the school is located, and

(b) the local authority responsible for the child, if different from the local authority mentioned in paragraph (a).

(6) If a parent of a relevant child applies to the relevant local authority for consent to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school, the authority—

(a) must decide without undue delay whether to grant consent, and

(b) must refuse consent if the local authority considers—

(i) that it would be in the child’s best interests to receive education by regular attendance at school, or

(ii) that no suitable arrangements have been made for the education of the child otherwise than at school,

but otherwise must grant consent.

(7) An application mentioned in subsection (6) may also be made by the proprietor of a school at which the relevant child is a registered pupil, on behalf of the child’s parent, and with the consent of the parent.

(8) The relevant local authority must serve notice of the decision under subsection (6) on—

(a) the parent who made the application, or on whose behalf the application was made,

(b) any other parent of the child, where contact details of that parent are known, unless exceptional circumstances apply, and

(9) Regulations under section 434—

(a) must provide that, where consent of the relevant local authority is required under subsection (1) in respect of a relevant child, the proprietor of a school must not allow the deletion from the school’s register of the name of that child unless the proprietor receives notice that the relevant local authority has granted consent under this section in respect of that child, and

(b) may make provision to require the proprietor of a school to arrange to take, or not to take, any other steps specified in the regulations in relation to the registration of a registered pupil at the school where a relevant local authority has granted or refused consent under subsection (6).

(10) If a parent is aggrieved by a decision of the relevant local authority to grant consent under subsection (6)—

(a) the parent may refer the question to—

(i) the Secretary of State, in relation to a local authority in England, and

(ii) the Welsh Ministers, in relation to a local authority in Wales, and

(b) the Secretary of State or the Welsh Ministers (as the case may be) may—

(i) uphold the decision of the local authority, or

(ii) refer the question back to the local authority to determine.

(11) If a parent is aggrieved by a decision of the relevant local authority to refuse consent under subsection (6)—

(a) the parent may refer the question to—

(i) the Secretary of State, in relation to a local authority in England, and

(ii) the Welsh Ministers, in relation to a local authority in Wales, and

(b) the Secretary of State or the Welsh Ministers (as the case may be) may—

(i) give such direction determining the question as the Secretary of State considers, or the Welsh Ministers consider, appropriate, or

(ii) refer the question back to the local authority to determine.

(12) If a subsequent application is made in relation to a relevant child in respect of whom the relevant local authority has previously refused consent under subsection (6), the authority is only required to make a new decision under subsection (6)(a) if a period of 6 months has elapsed since the date of the previous application.

(13) In this section, a “relevant local authority”, in relation to a relevant child, means—

(a) where the child is a relevant child as a result of condition A (but not condition B) being met in respect of the child, the local authority that made the arrangements mentioned in subsection (3);

(b) where the child is a relevant child as a result of condition B (but not condition A) being met in respect of the child, the local authority conducting enquiries or taking action as mentioned in subsection (4);

(c) where the child is a relevant child as a result of conditions A and B being met in respect of the child, the local authority conducting enquiries or taking action as mentioned in subsection (4).

Mandatory local authority meetings prior to withdrawal of child from school

434B

(1) The appropriate national authority must, by regulations made before the end of the relevant period, make a scheme (“a pilot scheme”) to provide—

(a) that the parent of a child must attend and participate in a meeting with the local authority responsible for the child if the parent intends—

(i) that the child should cease to attend the school at which the child is a registered pupil, and

(ii) to withdraw the child from school for the purpose of causing the child to receive education otherwise than at a school,

(b) that the local authority must ensure that the following matters are discussed with the parent during the meeting—

(i) the duty of parents under section 7 and how the parent plans to meet this duty;

(ii) the duties of the local authority, including the support duty under section 436G;

(iii) the parent’s reasons for considering that the child should receive education otherwise than at school;

(iv) any support needs that the child may have and how those needs could be met;

(v) the safeguarding and welfare of the child;

(vi) anything else relevant to the decision to withdraw the child from school,

(d) that a representative of the school at which the child is a registered pupil must attend the meeting if the parent consents to the representative’s attendance,

(e) that the proprietor of a school must not allow the deletion from the school’s register of the name of the child unless the proprietor receives notice from the local authority that the meeting has taken place in respect of the child, and

(f) that the local authority must record the outcome of the meeting or whether the meeting was refused.

(2) The “relevant period” is the period of two years beginning with the day on which section 37 of the Children’s Wellbeing and Schools Act 2026 comes fully into force.

(3) The regulations must also specify—

(a) the local authorities in respect of which the pilot scheme will operate, and

(b) the period for which the scheme has effect.

(4) The number of local authorities specified under subsection (3)(a) must not exceed 30 per cent of all local authorities in England or 30 per cent of all local authorities in Wales as the case may be.

(5) The period specified under subsection (3)(b) must not be less than two years and must not exceed five years.

(6) The regulations may provide for exemptions from the pilot scheme in respect of descriptions of children as specified in the regulations.

(7) The regulations may make provision for, or in connection with, any arrangements that the appropriate national authority considers are required to ensure that the pilot scheme can operate.

(8) The provision that may be made by virtue of subsection (7) includes—

(a) provision modifying or amending the pilot scheme for the purpose of ensuring that the scheme can operate in relation to children falling within section 434A;

(b) provision modifying or amending section 434A for the purpose of ensuring that the pilot scheme can operate in relation to children falling within that section.

(9) Subject to subsection (10), the appropriate national authority may by regulations—

(a) make provision to end the pilot scheme;

(b) provide that the provisions mentioned in paragraphs (a) to (f) of subsection (1) have effect, after the expiry of the pilot scheme, in relation to all local authorities, subject to any exemptions for descriptions of children as specified in the regulations;

(c) amend section 434A for the purpose of ensuring that the grant of local authority consent to withdraw a child from school under that section is conditional on the parent of that child attending and participating in a meeting with the local authority responsible for the child, as described in paragraphs (a) to (f) of subsection (1), subject to any exemptions for descriptions of children as specified in the regulations;

(d) make provision for, or in connection with, any arrangements that the appropriate national authority considers are required to ensure that any provision made under paragraphs (a) to (c) can operate.

(10) Regulations under subsection (9) may be made only after the pilot scheme has operated for a period of no less than two years.

(11) Before making any regulations under this section, the appropriate national authority must consult such persons as the appropriate national authority considers appropriate.

(12) In this section “appropriate national authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers.

(13) If a draft of a statutory instrument containing regulations made by the Secretary of State under this section would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

Withdrawal of pupils from primary school for secondary education

Withdrawal of pupils from a primary school for secondary education.

435

A local authority may make arrangements in respect of a primary school maintained by them (other than one that is for the time being organised for the provision of both primary and secondary education) under which any registered pupils who are under the age of 12 but have attained the age of 10 years and six months may be required to be withdrawn from the school for the purpose of receiving secondary education.

Supplementary

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436

Chapter II — School attendance

Children not receiving suitable education

Duty to make arrangements to identify children not receiving education

436A

(1) A 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 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 (in the case of a local authority in England) or suitable to the child's age, ability and aptitude and to any additional learning needs the child may have (in the case of a local authority in Wales).

Children not in school

Duty to register children not in school

436B

(1) A local authority must maintain a register of children who are eligible to be registered by the authority under this section.

(2) A child is eligible to be registered by a local authority under this section if conditions A to C are met.

(3) Condition A is that the child lives in the authority’s area.

(4) Condition B is that the child is of compulsory school age.

(5) Condition C is that—

(a) the child is not a registered pupil or a student registered at a relevant school,

(b) the child is a registered pupil or a student registered at a relevant school but the proprietor of the school has arranged or agreed that—

(i) the child will receive education otherwise than at that or any other relevant school, and

(ii) the child will be absent for some or all of the time when a child receiving full-time education at a relevant school would normally be expected to attend, or

(c) the child is a student registered at a relevant school falling within subsection (7)(d) but attends that school on a part-time basis, and is not also a registered pupil or a student registered at a different relevant school.

(6) Regulations may make provision—

(a) for cases where a child is to be regarded as falling or not falling within subsection (5)(b) or (c);

(b) for cases where a child falling within subsection (5)(b) or (c) is not to be regarded as eligible for registration under this section.

(7) In this section “relevant school” means—

(a) a school maintained by a local authority,

(b) a non-maintained special school (within the meaning given by section 337A),

(d) an institution within the further education sector that provides secondary education suitable to the requirements of children who have attained the age of 14 years,

(e) an independent educational institution within the meaning of section 92 (1) of the Education and Skills Act 2008, that is registered under section 95 of that Act (register of independent educational institutions),

(f) a school that is included in the register of independent schools in Wales (kept under section 158 of the Education Act 2002), or

(g) a school within the meaning of section 135 (1) of the Education (Scotland) Act 1980.

(8) Before the end of the period of 15 days beginning with the day on which the local authority registers a child under this section, the local authority—

(a) must consider where the child lives, and

(b) may request the child’s parent to allow the local authority to visit the child inside any of the homes in which the child lives.

(9) If a request under subsection (8)(b) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in determining whether to serve a preliminary notice under section 436H.

(10) Before the end of the period of 15 days beginning with the day on which the local authority includes in the register the information mentioned in section 436C(1)(g) in respect of a child, the local authority must consider the settings where the child is being educated that the local authority knows about.

Content and maintenance of registers

436C

(1) A register under section 436B must contain the following information in respect of a child registered in it—

(a) the child’s name, date of birth and home address, and if the child has lived at their current address for less than 12 months, their previous address;

(b) any additional address if the child lives at more than one address;

(d) the name of each parent who is providing education to that child;

(e) an estimate of the overall total amount of time that the child spends receiving education from parents of the child;

(f) an estimate of the overall total amount of time that the child spends receiving education from persons other than parents of the child;

(g) if a particular provider other than the child’s parent is providing education to the child for more than the prescribed amount of time—

(i) the name and address of the provider;

(ii) a description of the type of provider that it is;

(iii) the postal address of each place where that education is provided (where different from the address in sub-paragraph (i)) or the website or email address of the provider if that education is provided virtually;

(iv) an estimate of the total amount of time that the child spends receiving that education and an estimate of the amount of time the child spends receiving that education without any parent of the child being actively involved in the tuition or supervision of the child.

(2) To the extent that the local authority has the information or can reasonably obtain it, a register under section 436B must also contain such information about, or in connection with, the following matters in respect of a child registered in it as may be prescribed—

(a) the child’s protected characteristics (within the meaning of the Equality Act 2010);

(b) in the case of a child who is in the area of a local authority in England, whether the child has any special educational needs, including whether the local authority maintains an EHC plan for the child;

(c) in the case of a child who is in the area of a local authority in Wales, whether the child has any additional learning needs, including whether an individual development plan is maintained for the child;

(d) any enquiries being made or that have been made by a local authority under section 47 of the Children Act 1989 (local authority’s duty to investigate) and any actions that are being taken or have been taken by the authority or any other local authority following, or in connection with, enquiries under that section;

(e) whether the child is or has ever been a child in need for the purposes of Part 3 of the Children Act 1989 (see section 17(10) of that Act) and, if so, any actions that a local authority is taking or has taken in relation to the child under that Part and any services that a local authority is providing or has provided to the child in the exercise of functions conferred on the authority by section 17 of that Act;

(f) whether the child has ever been assessed as having needs for care and support for the purposes of Part 4 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (see section 32 (1) of that Act) and, if so, any actions that a local authority is taking or has taken in relation to the child under that Part (or Part 4 or 5 of the Children Act 1989) and any services that a local authority is providing or has provided to the child in the exercise of functions conferred on the authority by or under that Part (or Part 4 or 5 of the Children Act 1989);

(g) whether the child is or has ever been looked after by a local authority in England (within the meaning of section 22 of the Children Act 1989) or in Wales (within the meaning of section 74 of the Social Services and Well-being (Wales) Act 2014);

(h) the reasons why the child meets condition C in section 436B, including any information provided by a parent of the child as to those reasons or, in a case where a parent has not provided that information, the fact that they have not done so;

(i) whether, under arrangements made under section 436A, the child has been identified as a child who is of compulsory school age but who is not a registered pupil at a school and is not receiving suitable education otherwise than at a school;

(j) the school or institution or the type of school or institution (if any) that the child attends or has attended in the past;

(k) whether support is being provided in relation to the child under section 436G and, if so, the nature of the support being provided;

(l) any actions that have been taken by a local authority in relation to the child under sections 436I to 436Q (school attendance orders);

(m) whether—

(i) in the case of a child in England, the child is a young carer within the meaning of section 17ZA(3) of the Children Act 1989, as qualified by section 17ZB(3) of that Act, or

(ii) in the case of a child in Wales, the child is a carer (within the meaning of “child” and “carer” given by section 3 of the Social Services and Well-being (Wales) Act 2014);

(n) whether the local authority exercised any of its functions under section 436B(8), (9) or (10), 436H(8) or (9), or 436I(3) in relation to the child and the outcomes of any consideration of home and education settings or home visits conducted under those provisions;

(o) any other information about the child’s characteristics, circumstances, needs or interactions with a local authority or educational institutions that the Secretary of State considers, or the Welsh Ministers consider (as the case may be), should be included in the register for the purposes of promoting or safeguarding the education or welfare of children.

(3) A register under section 436B may also contain any other information the local authority considers appropriate.

(4) Regulations may, in relation to a register under section 436B, make provision about—

(a) how a local authority must maintain the register, including provision relating to—

(i) how the register is to be kept up-to-date;

(ii) the making of changes to the register;

(b) the form of the register;

(d) registration forms;

(e) how amounts of time and estimates of amounts of time are to be calculated and recorded for the purposes of subsection (1)(e), (f) and (g)(iv);

(f) publicising the register and duties of persons in relation to the register.

(5) No information from a register under section 436B may be published, or made accessible to the public, in a form—

(a) which includes the name or address of a child who is eligible to be registered under that section or of a parent of such a child, or

(b) from which the identity of such a child or parent can be deduced, whether from the information itself or from that information taken together with any other published information.

(6) In subsection (1)(g), “prescribed amount of time” means an amount of time prescribed—

(a) by reference to a number of hours in, or a proportion of, a week or other period;

(b) by reference to a proportion of the time a child spends receiving education;

Provision of information to local authorities: parents

436D

(1) A parent of a child who is eligible to be registered by a local authority under section 436B must—

(a) inform the local authority that the child is eligible for registration, and

(b) provide the authority with any of the information referred to in section 436C(1) that the parent has.

(2) A parent of a child who is registered by a local authority under section 436B must—

(a) provide the authority, on request, with any of the information referred to in section 436C(1) that the parent has,

(b) inform the authority of a change, of which the parent is aware, to any of the information required to be included in the register under section 436C(1)(a) to (d),

(c) inform the authority, on request, if there have been any changes, of which the parent is aware, to any of the information mentioned in section 436C(1)(e), (f) or (g) since the information was last provided to the authority, and provide the authority with information about those changes, or confirm that there have been no changes, and

(d) inform the authority if the child ceases to be eligible to be registered by that authority under section 436B as a result of no longer meeting Condition A (see subsection (3) of that section) or Condition C (see subsection (5) of that section).

(3) A local authority—

(a) must make a request mentioned in subsection (2)(c) in relation to each child registered by the local authority under section 436B at least once a year, but

(b) may not make such a request more frequently than once every three months.

(4) A person must comply with a duty under subsection (1) or (2) before the end of the relevant period.

(5) In subsection (4) “relevant period” means—

(a) in the case of the duty in subsection (1)(a) or (b), the period of 15 days beginning with the date on which the child becomes eligible for registration by the local authority;

(b) in the case of the duty in subsection (2)(a), such period of not less than 15 days as the local authority specify in the request;

(c) in the case of the duty in subsection (2)(b), the period of 15 days beginning with the date on which the parent becomes aware of the change;

(d) in the case of the duty in subsection (2)(c), such period of not less than 15 days as the local authority specify in the request;

(e) in the case of the duty in subsection (2)(d), the period of 15 days beginning with the date on which the child ceases to be eligible to be registered by the local authority under section 436B.

(6) The duties in subsections (1) and (2) do not apply where the child is receiving full-time education by the following means—

(a) arrangements made by the local authority under section 19 (in England) or section 19A (in Wales);

(b) arrangements made by the proprietor of a relevant school at which the child is a registered pupil;

(c) where the local authority is a local authority in England, arrangements made by the local authority under section 61 of the Children and Families Act 2014 (special educational provision otherwise than in schools, post-16 institutions etc);

(d) where the local authority is a local authority in Wales, arrangements made by the local authority under section 53 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) (additional learning provision otherwise than in schools);

(e) any combination of the arrangements mentioned in paragraphs (a) to (d);

(f) any one or more of the arrangements mentioned in paragraphs (a) to (d) and attendance at a relevant school.

(7) In this section “relevant school” has the same meaning as in section 436B.

Provision of information to local authorities: education providers

436E

(1) This section applies where a local authority reasonably believes that—

(a) a person is providing out-of-school education to a child for more than the prescribed amount of time without any parent of the child being actively involved in the tuition or supervision of the child, and

(b) the child is, or is eligible to be, registered by the authority under section 436B.

(2) In this section—

(a) “out-of-school education” means any programme or course of education, or any other kind of structured education, that is provided otherwise than as part of the education provided by a relevant school (within the meaning of section 436B);

(b) “prescribed amount of time” means an amount of time prescribed—

(i) by reference to a number of hours in, or a proportion of, a week or other period;

(ii) by reference to a proportion of the time a child spends receiving education;

(iii) in any other way.

(3) The authority may by notice require the person—

(a) to confirm whether or not the person is providing out-of-school education as mentioned in subsection (1)(a) to any child living in England or Wales (whether or not that child lives in the authority’s area) or has provided such education at any time during the period of three months ending with the date of the notice, and

(b) to provide the authority with the following information in relation to any child living in England or Wales (whether or not that child lives in the authority’s area) to whom they are providing such education, or to whom they have provided such education during that three month period—

(i) the child’s name, date of birth and home address,

(ii) the total amount of time that they provide such education to the child, and

(iii) the amount of time that they provide such education to the child without any parent of the child being actively involved in the tuition or supervision of the child.

(4) A notice under subsection (3) is served if it is sent to or left at the place where the out-of-school education is provided (as well as in the circumstances referred to in section 572(1)).

(5) Before the end of the specified period, the person on whom a notice under subsection (3) is served must comply with the requirement in the notice.

(6) The “specified period” is the period, specified in the notice that—

(a) is at least 15 days, and

(b) begins with the day on which the notice is served.

(7) Regulations may provide for exceptions to the duty in subsection (5).

(8) Where a local authority is satisfied that a person on whom a notice under subsection (3) is served has—

(a) failed to comply with their duty under subsection (5), or

(b) provided incorrect information in response to the notice,

the authority may require the person to pay a monetary penalty to the authority in accordance with Schedule 31A.

(9) The amount of the monetary penalty is to be the prescribed amount.

(10) Subsection (8) does not apply in relation to a notice under subsection (3) that is served during the period of three months beginning with the day on which section 38 of the Children’s Wellbeing and Schools Act 2026 comes into force.

Use of information in the register

436F

(1) A local authority must, if the Secretary of State so directs in relation to a local authority in England, or the Welsh Ministers so direct in relation to a local authority in Wales, provide the Secretary of State or the Welsh Ministers (as the case may be) with information of a prescribed description from their register under section 436B (whether that is information relating to an individual child or aggregated information).

(2) The Secretary of State or the Welsh Ministers may provide information received under subsection (1) to a prescribed person if the Secretary of State considers or the Welsh Ministers consider (as the case may be) it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

(a) the child to whom the information relates, or

(b) any other person under the age of 18.

(3) A local authority may provide information from their register under section 436B which relates to a child, to a person mentioned in subsection (4) if the authority considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

(a) the child, or

(b) any other person under the age of 18.

(4) For the purposes of subsection (3), the persons are—

(a) a person listed in section 11 (1) or 28 (1) of the Children Act 2004 (arrangements to safeguard and promote welfare);

(b) Ofsted, meaning—

(i) the Office for Standards in Education, Children’s Services and Skills, and

(ii) His Majesty’s Chief Inspector of Education, Children’s Services and Skills;

(d) the Welsh Ministers.

(5) Where a local authority becomes aware that a child registered in their register under section 436B will move, or has moved, to the area of another local authority, the local authority—

(a) must provide the other local authority with any information relating to the child which is contained in the register under or by virtue of section 436C(1) or (2), and

(b) may provide the other local authority with any other information relating to the child which is contained in the register under or by virtue of section 436C(3).

(6) Where a local authority in Scotland or Northern Ireland makes a request for information from a register under section 436B held by a local authority in England or Wales, the local authority receiving the request may provide the information if that authority considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

(a) the child to whom the information relates,

(b) any other person under the age of 18.

(7) A local authority in Scotland means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(8) A local authority in Northern Ireland means a Health and Social Care Trust or the Education Authority established under the Education Act (Northern Ireland) 2014.

Support

436G

(1) If a parent of a child registered by a local authority under section 436B so requests, the local authority must provide support to the parent by securing the provision of advice and information relating to the education of the child.

(2) The advice and information to be provided is whatever the local authority considers fit having regard to the parent’s request and may include—

(a) advice about the education of the child,

(b) information about sources of assistance for the education of the child, and

(3) A local authority in England must offer parents of children registered by the authority under section 436B the opportunity to attend a forum to discuss the operation of sections 436B to 436P.

(4) The offer must be made twice per year and if it is accepted by at least one person to whom it is made, the local authority must arrange for the forum to take place.

(5) The duties in subsections (1), (3) and (4) do not apply in relation to a child where—

(a) the child is a registered pupil at a relevant school (within the meaning of section 436B),

(b) the local authority is required to make arrangements for the education of the child under section 19 or 19A of this Act,

(c) the local authority is required to secure special educational provision for the child under section 42 (2) of the Children and Families Act 2014, or

(d) the local authority is required to secure additional learning provision or other provision for the child under section 14 (10) or 19 (7) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

School attendance orders

Preliminary notice for school attendance order

436H

(1) A local authority must serve a preliminary notice on a child’s parent in relation to a child for whom the authority is responsible if it appears to the authority that—

(a) the child is of compulsory school age, and

(b) either condition A or condition B is met.

(2) A local authority may serve a preliminary notice on a child’s parent if it appears to the authority that either condition C or condition D is met.

(3) A “preliminary notice” means a notice requiring the child’s parent on whom the notice is served to satisfy the local authority that—

(a) the child is receiving suitable education, where condition A, C or D is relied on to serve the notice;

(b) the child is receiving education that is in their best interests, where condition B is relied on to serve the notice.

(4) Condition A is that the child is not receiving suitable education, either by regular attendance at school or otherwise.

(5) Condition B is that—

(a) the local authority or another local authority is—

(i) conducting enquiries in respect of the child under section 47 of the Children Act 1989 (duty to investigate), or

(ii) taking action under section 47 (8) of that Act to safeguard or promote the child’s welfare, in a case where the enquiries mentioned in sub-paragraph (i) have led the local authority to conclude that the child is suffering, or is likely to suffer, significant harm (within the meaning of section 31 (9) and (10) of that Act), or has taken such action during the period of five years ending with the date on which a preliminary notice is to be served under subsection (1),

(b) the child is not regularly attending school, and

(6) Condition C is that—

(a) the child is eligible to be registered by the local authority under section 436B,

(b) the authority has asked the child’s parent for information under section 436D(1), and

(c) the child’s parent has not provided that information before the end of the relevant period (as defined in section 436D(5)(a)), or has provided incorrect information.

(7) Condition D is that the child’s parent is under a duty to provide information to the local authority under section 436D(2)(a), (b) or (c) in relation to the child and—

(a) has not provided the information before the end of the relevant period (as defined in section 436D(5)), or

(b) has provided incorrect information.

(8) For the purpose of determining whether a preliminary notice must or may be served under this section in respect of a child, the local authority—

(a) must consider the settings where the child is being educated that the local authority knows about and where the child lives, and

(b) may request the child’s parent on whom the preliminary notice would be served to allow the local authority to visit the child inside any of the homes in which the child lives.

(9) If a request under subsection (8)(b) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in determining whether to serve a preliminary notice.

(10) A preliminary notice must—

(a) state which of conditions A to D are relied on to serve the notice,

(b) be served without delay, and in any event before the end of the period of five days beginning with the day on which it appears to the local authority that the requirements of subsection (1) or (2) are met, and

(c) specify the period within which the person must respond to the notice, which must be not less than 15 days beginning with the day on which the notice is served.

School attendance orders

436I

(1) A local authority must serve an order under this section on a child’s parent if—

(a) the authority has served a preliminary notice on the child’s parent under section 436H ,

(b) the child’s parent fails to satisfy the local authority, within the period specified in the notice, that—

(i) the child is receiving suitable education, in a case where condition A, C or D is cited in the notice,

(ii) it is in the best interests of the child to receive education otherwise than by regular attendance at school, in a case where condition B is cited in the notice, and

(2) But a local authority must not serve an order under this section on a child’s parent if—

(a) either—

(i) condition B was the only condition cited in the preliminary notice served under section 436H in relation to the child, or

(ii) condition B and another condition were cited in that preliminary notice, but the child’s parent has satisfied the local authority that the child is receiving suitable education,

(b) the local authority is no longer conducting enquiries or taking action in respect of the child as mentioned in section 436H(5)(a), and

(c) the local authority is not aware of any other enquiries being made under section 47 of the Children Act 1989 or of any other action being taken under section 47 (8) of that Act, or which has been taken during the period of five years ending with the date that the order would be made, in respect of the child.

(3) For the purpose of determining whether an order must be served under this section in respect of a child, the local authority—

(a) must consider the settings where the child is being educated that the local authority knows about and where the child lives,

(b) must consider how the child is being educated and what the child is learning, so far as is relevant in the particular case, and

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