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

PDF Download

articles Not indexed

Reform history JSON API

(c) may request the child’s parent on whom the preliminary notice has been served under section 436H to allow the local authority to visit the child inside any of the homes in which the child lives.

(4) If a request under subsection (3)(c) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in deciding whether the child’s parent has failed to satisfy the local authority as mentioned in subsection (1)(b)(i) or (ii).

(5) An order under this section (a “school attendance order”) is an order requiring the person on whom it is served to cause the child to become a registered pupil at a school named in the order.

(6) A school attendance order under this section—

(a) must be served without delay, and in any event before the end of the period of five days beginning with the day on which the authority determines which school is to be named in the order, and

(b) must be in the prescribed form.

(7) A school attendance order under this section continues in force (subject to any amendment made by the local authority) for so long as the child is of compulsory school age, unless—

(a) it is revoked by the authority, or

(b) a direction is made in respect of it under section 436Q(6) or 447(5).

(8) Where a maintained school is named in a school attendance order under this section—

(a) the local authority must without delay, and in any event before the end of the period of five days referred to in subsection (6)(a) inform the governing body and the head teacher, and

(b) the governing body and the local authority must admit the child to the school.

(9) Where an Academy school or alternative provision Academy is named in a school attendance order under this section—

(a) the local authority must without delay, and in any event before the end of the period of five days referred to in subsection (6)(a) inform the proprietor and the principal, and

(b) the proprietor must admit the child to the school.

(10) Subsections (8) and (9) do not affect any power to exclude from a school a pupil who is already a registered pupil there.

School attendance order for child with EHC plan (England)

436J

(1) Subsections (2) and (3) apply where a local authority in England is required to serve a school attendance order under section 436I in respect of a child for whom the authority maintains an EHC plan.

(2) Where the EHC plan specifies the name of a school, that school must be named in the order.

(3) Where the EHC plan does not specify the name of a school—

(a) the authority must amend the plan so that it specifies the name of a school, and

(b) that school must then be named in the order.

(4) An amendment to an EHC plan required to be made under subsection (3)(a) is to be treated as if it were an amendment made following a review under section 44 of the Children and Families Act 2014, and that section and regulations made under it apply accordingly.

(5) Where—

(a) a school attendance order is in force in respect of a child for whom the local authority maintain an EHC plan, and

(b) the name of the school specified in the plan is changed,

the local authority must amend the order accordingly.

(6) Where a school attendance order is in force in respect of a child who subsequently becomes a child for whom the local authority maintain an EHC plan which specifies the name of a school, the local authority must ensure that school is named in the order.

School attendance order for child with individual development plan (Wales)

436K

(1) Where a local authority in Wales is required to serve a school attendance order under section 436I in respect of a child for whom an individual development plan is maintained in which a particular school is named, that school must be named in the order.

(2) Where—

(a) a school attendance order is in force in respect of a child for whom an individual development plan is maintained in which a particular school is named, and

(b) the name of the school specified in the plan is changed,

the local authority must amend the order accordingly.

(3) Where a school attendance order is in force in respect of a child who subsequently becomes a child for whom an individual development plan is maintained in which a particular school is named, the local authority must ensure that school is named in the order.

School nomination notice for school attendance order

436L

(1) Before a local authority serves a school attendance order under section 436I on a person in respect of a child, other than a child for whom the authority maintains an EHC plan or a child for whom an individual development plan is maintained in which a particular school is named, the authority must serve a notice on the person under this section (a “school nomination notice”).

(2) A school nomination notice is a notice in writing—

(a) informing the person of the local authority’s intention to serve the order,

(b) specifying the school which the authority intends to name in the order and, if the authority considers it fit, one or more other schools which it regards as suitable alternatives, and

For periods within which the school nomination notice must be served, see section 436N(6) and (7).

(3) If the school nomination notice specifies one or more alternative schools and the person selects one of them before the end of the period of 15 days beginning with the day on which the notice is served, the school selected by the person must be named in the order.

(4) If—

(a) within the period mentioned in subsection (3) the person—

(i) applies for the child to be admitted to a school which is an Academy school or alternative provision Academy and notifies the local authority which served the notice of the application, or

(ii) applies for the child to be admitted to a school maintained by a local authority and, where that authority is not the local authority which served the notice, notifies the latter authority of the application, and

(b) the child is offered a place at the school as a result of the application,

that school must be named in the school attendance order.

(5) If—

(a) within the period mentioned in subsection (3) the person applies to the local authority by whom the notice was served for education to be provided at a school which is not a school maintained by a local authority, an Academy school or alternative provision Academy, and

(b) the child is offered a place at the school under arrangements made by the authority under which the fees payable in respect of the education provided at the school are to be paid by them under section 517,

that school must be named in the school attendance order.

(6) If, within the period mentioned in subsection (3)—

(a) the person—

(i) applies for the child to be admitted to a school which is not maintained by a local authority, an Academy school or an alternative provision Academy and in respect of which no application is made under subsection (5), and

(ii) notifies the local authority by whom the notice was served of the application,

(b) the child is offered a place at the school as a result of the application, and

(c) the school is suitable to the child’s age, ability and aptitude and to any special educational needs the child may have,

that school must be named in the school attendance order.

School nomination notice: restrictions

436M

(1) A local authority may not specify a school in a school nomination notice if the child is permanently excluded from it.

(2) A local authority may not specify a maintained school or Academy school in a school nomination notice if the admission of the child would, because of the need to take measures to avoid failing to comply with any duty applicable to the school in relation to class sizes, prejudice the provision of efficient education or the efficient use of resources.

(3) A local authority may not specify a maintained school or Academy school in a school nomination notice if, were the child concerned admitted to the school in accordance with a school attendance order resulting from the notice, the number of pupils at the school in the child’s age group would exceed the relevant number.

(4) The relevant number is—

(a) in the case of a maintained school, the number determined in accordance with section 88C or 89 of the School Standards and Framework Act 1998 as the number of pupils in the child’s age group which it is intended to admit to the school in the school year in which the child would be admitted, or

(b) in the case of an Academy school, the number determined in accordance with the Academy arrangements relating to the school or any enactment as the number of such pupils.

(5) Subsection (3) does not prevent a local authority from specifying a maintained school where the authority is responsible for determining the arrangements for the admission of pupils to the school.

(6) Subsection (3) also does not prevent a local authority from specifying a maintained school or Academy school if—

(a) in the opinion of the authority the school is a reasonable distance from the home of the child, and

(b) there is no maintained school or Academy school in their area which—

(i) the authority could specify (apart from subsection (3)), and

(ii) is in the opinion of the authority a reasonable distance from the home of the child.

School nomination notice: procedure

436N

(1) Before deciding to specify a maintained school, Academy school or alternative provision Academy in a school nomination notice a local authority must consult—

(a) in the case of a maintained school—

(i) the governing body, and

(ii) if another local authority is responsible for determining the arrangements for the admission of pupils to the school, that authority, or

(b) in the case of an Academy school or alternative provision Academy, the proprietor.

(2) Where a local authority decides to specify a maintained school, Academy school or alternative provision Academy in a school nomination notice the authority must, before serving the notice, serve notice in writing of their decision on—

(a) in the case of a maintained school—

(i) the governing body,

(ii) the head teacher, and

(iii) if another local authority is responsible for determining the arrangements for the admission of pupils to the school, that authority, or

(b) in the case of an Academy school or alternative provision Academy—

(i) the proprietor, and

(ii) the principal.

(3) A notice under subsection (2) must be served without delay, and in any event before the end of the period of 15 days beginning with the expiry of the period specified in the notice under section 436H.

(4) A person on whom a notice is served under subsection (2)(a)(i) or (iii) or (b)(i) may apply to the Secretary of State in relation to a school in England, or to the Welsh Ministers in relation to a school in Wales, for a direction under this section and, if they do so, must inform the local authority which served the notice.

(5) An application under subsection (4) must be made—

(a) if the notice is served on a school day, before the end of the period of 10 school days beginning with the day on which the notice is served, or

(b) if the notice is served on a day that is not a school day, before the end of the period of 10 school days beginning with the first school day following the day on which the notice is served.

(6) If the local authority which served a notice under subsection (2) is not informed of an application under subsection (4) within the period specified in subsection (5), the authority must serve the school nomination notice without delay, and in any event before the end of the period of five days beginning with the day after the day on which the period specified in subsection (5) ended.

(7) Where the Secretary of State gives a direction under this section in relation to a school in England or the Welsh Ministers give a direction under this section in relation to a school in Wales—

(a) the school or schools to be specified in the school nomination notice are to be determined in accordance with the direction, and

(b) the school nomination notice must be served without delay, and in any event before the end of the period of five days beginning with the day after that on which the direction is given.

(8) If a local authority in England serves a notice under subsection (2) specifying a school in Wales and an application for a direction is made to the Welsh Ministers under subsection (4) in relation to that notice, the direction under this section may only—

(a) confirm that a school specified in the notice under subsection (2) should be specified in the school nomination notice, or

(b) refer the question of which school or schools should be specified in the school nomination notice back to the local authority to determine.

(9) If a local authority in Wales serves a notice under subsection (2) specifying a school in England, and an application for a direction is made to the Secretary of State under subsection (4) in relation to that notice, the direction under this section may only—

(a) confirm that a school specified in the notice under subsection (2) should be specified in the school nomination notice, or

(b) refer the question of which school or schools should be specified in the school nomination notice back to the local authority to determine.

Amendment of school attendance order

436O

(1) This section applies where a school attendance order under section 436I is in force in respect of a child, other than a child for whom the local authority maintains an EHC plan or a child for whom an individual development plan is maintained in which a particular school is named.

(2) If at any time—

(a) the person on whom the order is served applies for the child to be admitted—

(i) to a school maintained by a local authority, an Academy school or an alternative provision Academy, and

(ii) which is different from the school named in the order,

(b) the child is offered a place at the school as a result of the application, and

(c) the person requests the authority that served the order to amend the order by substituting that school for the one currently named,

the authority must comply with the request.

(3) If at any time—

(a) the person on whom the order is served applies to the authority for the child to be admitted—

(i) to a school not maintained by a local authority, an Academy school or an alternative provision Academy, and

(ii) which is different from the school named in the order,

(b) the child is offered a place at the school under arrangements made by the authority under which the fees payable in respect of the education provided at the school are to be paid by the authority under section 517, and

the authority must comply with the request.

(4) If at any time—

(a) the person on whom the order is served applies for the child to be admitted—

(i) to a school not maintained by a local authority, an Academy school or an alternative provision Academy,

(ii) which is different from the school named in the order, and

(iii) in respect of which no application is made under subsection (3),

(b) the child is offered a place at the school as a result of the application,

(c) the school is suitable to the child’s age, ability and aptitude and to any special educational needs the child may have, and

(d) the person requests the authority to amend the order by substituting that school for the one currently named,

the authority must comply with the request.

Revocation of school attendance order

436P

(1) This section applies where a school attendance order made by a local authority under section 436I is in force in respect of a child.

(2) The local authority must revoke the order if—

(a) the order was served following a preliminary notice under section 436H in which the only condition cited was condition B,

(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 was made, in respect of the child.

(3) The person on whom the order is served may at any time request the local authority to revoke the order on the ground that arrangements have been made—

(a) for the child to receive suitable education otherwise than at a school, where the order was served—

(i) as a result of the person failing to satisfy the local authority that the child is receiving suitable education, or

(ii) as a result of the person failing to satisfy the local authority both that the child is receiving suitable education and that it is in the best interests of the child to receive education otherwise than by regular attendance at school, where subsection (2)(b) and (c) applies;

(b) for the child to receive education, otherwise than at a school, that is in their best interests, where the order was served as a result of the person failing to satisfy the local authority that it is in the best interests of the child to receive education otherwise than by regular attendance at school.

(4) The authority must comply with a request under subsection (3), unless the authority is of the opinion that the arrangements mentioned in subsection (3)(a) or (b), or both, as the case may be, have not been made for the child.

(5) If a person is aggrieved by a refusal of a local authority in England to comply with a request under subsection (3)—

(a) the person may refer the question to the Secretary of State, and

(b) the Secretary of State must give such direction determining the question as the Secretary of State considers appropriate.

(6) If a person is aggrieved by a refusal of a local authority in Wales to comply with a request under subsection (3)—

(a) the person may refer the question to the Welsh Ministers, and

(b) the Welsh Ministers must give such direction determining the question as the Welsh Ministers consider appropriate.

(7) Where the child is one for whom the local authority maintains an EHC plan—

(a) if the name of a school or other institution is specified in the EHC plan, subsection (3) does not apply;

(b) if the name of a school or other institution is not specified in the EHC plan, a direction under subsection (5)(b) may require the authority to make such amendments in the plan as the Secretary of State considers necessary or expedient in consequence of the determination.

(8) Where the child is one for whom the local authority maintains an individual development plan—

(a) if the name of a school or other institution is specified in the plan, subsection (3) does not apply;

(b) if the name of a school or other institution is not specified in the plan, a direction under subsection (6)(b) may require the authority to make such amendments in the plan as the Welsh Ministers consider necessary or expedient in consequence of the determination.

Offence of failure to comply with school attendance order

436Q

(1) If a person on whom a school attendance order under section 436I is served fails to comply with the requirements of the order, the person is guilty of an offence.

(2) Subsection (1) does not apply if—

(a) the person proves that arrangements have been made for the child to receive suitable education otherwise than at a school, where the order was served as a result of the person failing to satisfy the local authority that the child is receiving suitable education,

(b) the person proves that arrangements have been made for the child to receive education, otherwise than at a school, that is in their best interests, where the order was served as a result of the person failing to satisfy the local authority that it is in the best interests of the child to receive education otherwise than by regular attendance at school,

(c) section 436H(5)(a) is no longer met in respect of the child, where the order was served following a preliminary notice under section 436H which cited only condition B, or

(d) both—

(i) the person proves that arrangements have been made for the child to receive suitable education otherwise than at a school, and

(ii) section 436H(5)(a) is no longer met in respect of the child,

where the order was served following a preliminary notice under section 436H which cited condition B and another condition.

(3) The reference in subsection (1) to failure to comply with the requirements of a school attendance order includes causing a child to cease to be registered at the school named in the school attendance order.

(4) Subsection (3) does not apply in circumstances where—

(a) the school has, pursuant to section 436J, 436K or 436O, ceased to be the school named in the school attendance order, or

(b) the school attendance order has been revoked pursuant to section 436P.

(5) A person who—

(a) fails to comply with the requirements of a school attendance order under section 436I by not causing a child to become a registered pupil at the school named in the order, and

(b) is convicted of an offence under this section in respect of the failure,

may be found guilty of an offence under this section again if the failure continues.

(6) If, in proceedings for an offence under this section, the person is acquitted, the court may direct that the school attendance order ceases to be in force.

(7) A direction under subsection (6) does not affect the duty of the local authority to take further action under section 436I if at any time the authority is of the opinion that, having regard to any change of circumstances, it is expedient to do so.

(8) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine not exceeding level 4 on the standard scale (or both).

(9) In subsection (8), “the maximum term for summary offences” means—

(a) if the offence is committed before the time when section 281 (5) of the Criminal Justice Act 2003 comes into force, six months;

(b) if the offence is committed after that time, 51 weeks.

References to “Academy school” and “Academy arrangements”

436R

(1) In sections 436I and 436L to 436O, a reference to an Academy school includes a reference to a city technology college and a city college for the technology of the arts.

(2) The reference in section 436M to Academy arrangements includes a reference to an agreement under section 482.

References to “regulations” and “prescribed”

436S

(1) In sections 436B(6), 436C(4) and 436E(7) “regulations” means—

(a) regulations made by the Secretary of State in relation to England, and

(b) regulations made by the Welsh Ministers in relation to Wales.

(2) In sections 436C, 436E, 436F, 436I and paragraph 5 of Schedule 31A “prescribed” means—

(a) prescribed by regulations made by the Secretary of State in relation to England, and

(b) prescribed by regulations made by the Welsh Ministers in relation to Wales.

Children not in school and school attendance orders: processing of information

Processing of information

436T

(1) This section applies to section 434A, sections 436B to 436Q and Schedule 31A, and provisions of regulations made under any of those provisions.

(2) A disclosure of information authorised or required under any provision to which this section applies does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

School attendance orders

School attendance orders.

437

(1) If it appears to a local authority that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education.

(2) That period shall not be less than 15 days beginning with the day on which the notice is served.

(3) If—

(a) a parent on whom a notice has been served under subsection (1) fails to satisfy the local authority, within the period specified in the notice, that the child is receiving suitable education, and

(b) in the opinion of the authority it is expedient that the child should attend school,

the authority shall serve on the parent an order (referred to in this Act as a “school attendance order”), in such form as may be prescribed, requiring him to cause the child to become a registered pupil at a school named in the order.

(4) A school attendance order shall (subject to any amendment made by the local authority) continue in force for so long as the child is of compulsory school age, unless—

(a) it is revoked by the authority, or

(b) a direction is made in respect of it under section 443(2) or 447(5).

(5) Where a maintained . . . school is named in a school attendance order, the local authority shall inform the governing body and the head teacher.

(6) Where a maintained . . . school is named in a school attendance order, the governing body (and, in the case of a maintained school, the local authority) shall admit the child to the school.

(7) Subsection (6) does not affect any power to exclude from a school a pupil who is already a registered pupil there.

(8) In this Chapter—

“maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital; and

Choice of school: child without EHC plan or statement of special educational needs , or an individual development plan which names a school.

438

(1) This section applies where a local authority are required by virtue of section 437(3) to serve a school attendance order in respect of a child, other than a child for whom they maintain an EHC plan (in the case of a local authority in England) or a statement under section 324 a child for whom an individual development plan is maintained in which a particular school is named (in the case of a local authority in Wales).

(2) Before serving the order, the authority shall serve on the parent a notice in writing—

(a) informing him of their intention to serve the order,

(b) specifying the school which the authority intend to name in the order and, if they think fit, one or more other schools which they regard as suitable alternatives, and

(3) If the notice specifies one or more alternative schools and the parent selects one of them within the period of 15 days beginning with the day on which the notice is served, the school selected by him shall be named in the order.

(4) If—

(a) within the period mentioned in subsection (3) the parent applies for the child to be admitted to a school maintained by a local authority and, where that authority are not the authority by whom the notice was served, notifies the latter authority of the application, and

(b) the child is offered a place at the school as a result of the application,

that school shall be named in the order.

(5) If—

(a) within the period mentioned in subsection (3), the parent applies to the local authority by whom the notice was served for education to be provided at a school which is not a school maintained by a local authority, and

(b) the child is offered a place at the school under arrangements made by the authority under which the fees payable in respect of the education provided at the school are to be paid by them under section 517,

(b) the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school,]

that school shall be named in the order.

(6) If, within the period mentioned in subsection (3)—

(a) the parent—

(i) applies for the child to be admitted to a school which is not maintained by a local authority ..., and in respect of which no application is made under subsection (5), and

(ii) notifies the local authority by whom the notice was served of the application,

(b) the child is offered a place at the school as a result of the application, and

(i) (in the case of a local authority in England) any special educational needs the child may have, or

(ii) (in the case of a local authority in Wales) any additional learning needs the child may have,

that school shall be named in the order.

Specification of schools in notices under section 438(2).

439

(1) Subject to subsection (3), a local authority shall not, if it appears to them that subsection (2) applies in relation to any school, specify the school in a notice under section 438(2) unless they are responsible for determining the arrangements for the admission of pupils to the school.

(2) This subsection applies where, if the child concerned were admitted to the school in accordance with a school attendance order resulting from the notice, the number of pupils at the school in the child’s age group would exceed the number determined in accordance with section 89 of the School Standards and Framework Act 1998 (determination of admission numbers)) as the number of pupils in that age group which it is intended to admit to the school in the school year in which he would be admitted.

(3) Subsection (1) does not prevent a local authority specifying in a notice under section 438(2) any maintained . . . school if—

(a) there is no maintained . . . school in their area which—

(i) the authority are not (apart from this subsection) prevented by subsection (1) from specifying, and

(ii) is, in the opinion of the authority, a reasonable distance from the home of the child concerned, and

(b) in the opinion of the authority, the school in question is a reasonable distance from the home of the child concerned.

(4) A local authority shall not specify in a notice under section 438(2) a school from which the child concerned is permanently excluded.

(4A) A local authority shall not specify a school in a notice under section 438(2) if the admission of the child concerned would result in prejudice of the kind referred to in section 86(3)(a) of the School Standards and Framework Act 1998 (parental preferences) by reason of measures required to be taken as mentioned in subsection (4) of that section.

(5) Before deciding to specify a particular maintained . . . school in a notice under section 438(2) a local authority shall consult—

(a) the governing body, and

(b) if another local authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.

(6) Where a local authority decide to specify a particular maintained . . .school in a notice under section 438(2) they shall, before serving the notice, serve notice in writing of their decision on—

(a) the governing body and head teacher of the school, and

(b) if another local authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.

(7) A governing body or local authority on whom notice is served under subsection (6) may, within the period of 15 days beginning with the day on which the notice was received, apply to the Secretary of State for a direction under this section and, if they do so, shall inform the local authority which served the notice.

(8) Where the Secretary of State gives a direction under this section, the school or schools to be specified in the notice under section 438(2) shall be determined in accordance with the direction.

Amendment of order at request of parent: child without EHC plan or statement of special educational needs , or an individual development plan which names a school.

440

(1) This section applies where a school attendance order is in force in respect of a child, other than a child for whom the local authority maintain an EHC plan (in the case of a local authority in England) or a statement under section 324 a child for whom an individual development plan is maintained in which a particular school is named (in the case of a local authority in Wales).

(2) If at any time—

(a) the parent applies for the child to be admitted to a school maintained by a local authority . . . which is different from the school named in the order,

(b) the child is offered a place at the school as a result of the application, and

(c) the parent requests the local authority by whom the order was served to amend it by substituting that school for the one currently named,

the authority shall comply with the request.

(3) If at any time—

(a) the parent applies to the authority for education to be provided for the child at a school which is not a school maintained by a local authority and which is different from the school named in the order,

(b) the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school, and

the authority shall comply with the request.

(4) If at any time—

(a) the parent applies for the child to be admitted to a school which is not maintained by a local authority . . . , which is different from the school named in the order and in respect of which no application is made under subsection (3),

(b) as a result of the application, the child is offered a place at the school, being a school which is suitable to his age, ability and aptitude and to any special educational needs he may have —

(i) (in the case of a local authority in England) any special educational needs the child may have, or

(ii) (in the case of a local authority in Wales) any additional learning needs the child may have, and

the authority shall comply with the request.

Choice of school: child with EHC plan or statement of special educational needs.

441

(1) Subsections (2) and (3) apply where a local authority in England are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom they maintain an EHC plan (in the case of a local authority in England) or a statement under section 324 (in the case of a local authority in Wales).

(2) Where the EHC plan or statement specifies the name of a school, that school shall be named in the order.

(3) Where the EHC plan or statement does not specify the name of a school—

(a) the authority shall, . . . , amend the EHC plan or statement so that it specifies the name of a school, and

(b) that school shall then be named in the order.

(3A) An amendment to a statement required to be made under subsection (3)(a) shall be treated for the purposes of Schedule 27 as if it were an amendment proposed following a periodic review (within the meaning of that Schedule).

(3B) An amendment to an EHC plan required to be made under subsection (3)(a) shall be treated as if it were an amendment made following a review under section 44 of the Children and Families Act 2014, and that section and regulations made under it apply accordingly.

(4) Where—

(a) a school attendance order is in force in respect of a child for whom the local authority maintain an EHC plan or a statement under section 324, and

(b) the name of the school specified in the plan or statement is changed,

the local authority shall amend the order accordingly.

Choice of school: child with individual development plan which names a school

441A

(1) Where a local authority in Wales are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom an individual development plan is maintained in which a particular school is named, that school must be named in the order.

(2) Where—

(a) a school attendance order is in force in respect of a child for whom an individual development plan is maintained in which a particular school is named, and

(b) the name of the school specified in the plan is changed,

the local authority must amend the order accordingly.

(3) Where—

(a) a school attendance order is in force in respect of a child for whom no individual development plan is maintained in which a particular school is named, and

(b) an individual development plan in which a particular school is named begins to be maintained for the child,

the local authority must amend the order accordingly.

Revocation of order at request of parent.

442

(1) This section applies where a school attendance order is in force in respect of a child.

(2) If at any time the parent applies to the local authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education otherwise than at school, the authority shall comply with the request, unless they are of the opinion that no satisfactory arrangements have been made for the education of the child otherwise than at school.

(3) If a parent is aggrieved by a refusal of the local authority to comply with a request under subsection (2), he may refer the question to the Secretary of State.

(4) Where a question is referred to the Secretary of State under subsection (3), he shall give such direction determining the question as he thinks fit.

(5) Where the child in question is one for whom the authority maintain an EHC plan (in the case of a local authority in England) or a statement under section 324 (in the case of a local authority in Wales)—

(a) subsections (2) to (4) do not apply if the name of a school or other institution is specified in the EHC plan or the statement, and

(b) in any other case a direction under subsection (4) may require the authority to make such amendments in the plan or the statement as the Secretary of State considers necessary or expedient in consequence of his determination.

(6) Where, in the case of a local authority in Wales, the child in question is one for whom an individual development plan is maintained by the authority or by another local authority—

(a) subsections (2) to (4) do not apply if a school or other institution is named in the individual development plan, and

(b) in any other case a direction under subsection (4) may require the authority maintaining the individual development plan to make such amendments to the plan as is considered necessary or expedient in consequence of the determination.

School attendance: offences and education supervision orders

Offence: failure to comply with school attendance order.

443

(1) If a parent on whom a school attendance order is served fails to comply with the requirements of the order, he is guilty of an offence, unless he proves that he is causing the child to receive suitable education otherwise than at school.

(2) If, in proceedings for an offence under this section, the parent is acquitted, the court may direct that the school attendance order shall cease to be in force.

(3) A direction under subsection (2) does not affect the duty of the local authority to take further action under section 437 if at any time the authority are of the opinion that, having regard to any change of circumstances, it is expedient to do so.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offence: failure to secure regular attendance at school of registered pupil.

444

(1) If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence.

(1A) If in the circumstances mentioned in subsection (1) the parent knows that his child is failing to attend regularly at the school and fails ... to cause him to do so, he is guilty of an offence.

(1B) It is a defence for a person charged with an offence under subsection (1A) to prove that he had a reasonable justification for his failure to cause the child to attend regularly at the school.

(2) Subsections (2A) to (6) below apply in proceedings for an offence under this section in respect of a child who is not a boarder at the school at which he is a registered pupil.

(2A) The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school at any time if the parent proves that at that time the child was prevented from attending by reason of sickness or any unavoidable cause.

(3) The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school—

(a) with leave, or

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

(3A) Subsections (3B) and (3D) apply where the child's home is in England.

(3B) The child shall not be taken to have failed to attend regularly at the school if the parent proves that—

(a) the local authority have a duty to make travel arrangements in relation to the child under section 508B(1) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty, or

(b) the local authority have a duty to make travel arrangements in relation to the child by virtue of subsection (2)(c) of section 508E (school travel schemes) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty.

(3C) For the purposes of subsection (3B)—

(a) the reference to “travel arrangements” in paragraph (a) has the same meaning as in section 508B, and

(b) the reference to “travel arrangements” in paragraph (b) has the same meaning as in paragraph 3 of Schedule 35C.

(3D) Where the school is an independent school which is not a qualifying school, the child shall not be taken to have failed to attend regularly at the school if the parent proves—

(a) that the school is not within walking distance of the child's home,

(b) that no suitable arrangements have been made by the local authority for boarding accommodation for him at or near the school, and

(c) that no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home.

(3E) For the purposes of subsection (3D), “qualifying school” has the same meaning as it has for the purposes of Schedule 35B (meaning of “eligible child” for the purposes of section 508B).

(3F) Subsection (4) applies where the child's home is in Wales.

(4) The child is not to be taken to have failed to attend regularly at the school if the parent proves that the local authority have failed to discharge—

(a) a duty to make transport arrangements in relation to the child under section 3 of the Learner Travel (Wales) Measure 2008, or

(b) a duty to make travel arrangements in relation to the child under section 4 of that Measure.

(5) In subsection (3D) “walking distance”—

(a) in relation to a child who is under the age of eight, means 3.218688 kilometres (two miles), and

(b) in relation to a child who has attained the age of eight, means 4.828032 kilometres (three miles),

in each case measured by the nearest available route.

(6) If it is proved that the child has no fixed abode, subsections (3B), (3D) and (4) shall not apply, but it is a defence for the parent to prove —

(a) that he is engaged in a trade or business of such a nature as to require him to travel from place to place,

(b) that the child has attended at a school as a registered pupil as regularly as the nature of that trade or business permits, and

(c) if the child has attained the age of six, that he has made at least 200 attendances during the period of 12 months ending with the date on which the proceedings were instituted.

(7) In proceedings for an offence under this section in respect of a child who is a boarder at the school at which he is a registered pupil, the child shall be taken to have failed to attend regularly at the school if he is absent from it without leave during any part of the school term unless the parent proves that at that time the child was prevented from being present by reason of sickness or any unavoidable cause.

(7A) Where—

(a) a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a school in England which is—

(i) a maintained school,

(ii) a pupil referral unit,

(iii) an Academy school,

(iiia) an alternative provision Academy,

(iv) a city technology college, or

(v) a city college for the technology of the arts,

(b) he remains for the time being a registered pupil at the school,

(c) the appropriate authority make arrangements for the provision of full-time education for him at the school during the period of exclusion, and

(d) notice in writing of the arrangements has been given to the child's parent,

the exclusion does not affect the application of subsections (1) to (7) to the child's attendance at the school on any day to which the arrangements relate.

(7B) In subsection (7A)(c) “the appropriate authority” means—

(a) in relation to a maintained school, the governing body of the school,

(b) in relation to a pupil referral unit, the local authority, and

(8) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8A) A person guilty of an offence under subsection (1A) is liable on summary conviction—

(a) to a fine not exceeding level 4 on the standard scale, or

(b) to imprisonment for a term not exceeding three months,

or both.

(8B) If, on the trial of an offence under subsection (1A), the court finds the defendant not guilty of that offence but is satisfied that he is guilty of an offence under subsection (1), the court may find him guilty of that offence.

(9) In this section “leave”, in relation to a school, means leave granted by any person authorised to do so by the governing body or proprietor of the school.

Application of section 444 to alternative educational provision

444ZA

(1) Where, in the case of a child of compulsory school age who is not a registered pupil at any school—

(a) a local authority has made arrangements under section 19 for the provision of education for him otherwise than at a school or at his home, and

(b) notice in writing of the arrangements has been given to the child's parent,

subsections (1) to (7) of section 444 have effect as if the place at which the education is provided were a school and the child were a registered pupil at that school.

(1A) Where—

(a) a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a relevant school in England,

(b) the child remains for the time being a registered pupil at the school,

(c) the appropriate authority for the school has made arrangements under section 19 above or section 100 of the Education and Inspections Act 2006 for the provision of full-time education for the child otherwise than at the school or at the child's home during the period of exclusion, and

(d) notice in writing of the arrangements has been given to the child's parent,

subsections (1) to (7) of section 444 have effect during that period as if the child were not a registered pupil at the school and as if the place at which the education is provided were a school and the child were a registered pupil at that school (so far as that would not otherwise be the case).

(1B) Where—

(a) a child of compulsory school age who is a registered pupil at a relevant school in England is required by the appropriate authority for the school to attend at a place outside the school premises for the purpose of receiving any educational provision, and

(b) notice in writing of the requirement has been given to the child's parent,

subsections (1) to (7) of section 444 have effect as if the place at which the child is required to attend were a school and the child were a registered pupil at that school (in addition to being a registered pupil at the school mentioned in paragraph (a)).

(1C) Subsection (1B) does not apply if—

(a) the place at which the child is required to attend is another relevant school (whether in England or elsewhere), and

(b) the child is a registered pupil at that other school.

(1D) In relation to a maintained school , a pupil referral unit or an Academy—

(a) references in subsection (1A) to exclusion are references to exclusion under section 51A of the Education Act 2002, and

(b) the requirement referred to in subsection (1B) is a requirement imposed under section 29(3) or 29A(1) of that Act,

For provision about the application of sections 29A and 51A of the Education Act 2002 in relation to Academies, see sections 29A(5) and 51A(12) of that Act.

(2) Where—

(a) a child of compulsory school age has been excluded from a relevant school in Wales,

(b) he remains for the time being a registered pupil at the school,

(c) he is required by the appropriate authority for the school to attend at a place outside the school premises for the purpose of receiving any instruction or training, and

(d) notice in writing of the requirement has been given to the child's parent,

subsections (1) to (7) of section 444 have effect as if the place at which the child is required to attend were a school and the child were a registered pupil at that school (and not at the school mentioned in paragraph (b)).

(3) In relation to a maintained school or a pupil referral unit—

(a) the reference in subsection (2)(a) to exclusion is a reference to exclusion under section 52 of the Education Act 2002, and

(b) the requirement referred to in subsection (2)(c) is a requirement imposed under section 29(3) of that Act.

(4) A child shall not be taken to have failed to attend regularly—

(a) in a case falling within subsection (1) or (1A), at the place at which education is provided for him, or

(b) in a case falling within subsection (1B) or (2), at the place at which he is required to attend,

unless he has failed to attend regularly since the giving of the notice mentioned in subsection (1)(b), (1A)(d), (1B)(b) or (2)(d).

(5) Section 572, which provides for the methods by which notices may be served under this Act, does not preclude the notice mentioned in subsection (1)(b), (1A)(d), (1B)(b) or (2)(d) from being given to a child's parent by any other effective method.

(6) In proceedings for an offence under section 444 in a case falling within subsection (1) or (1A) of this section, it is a defence for the parent to prove that the child is receiving suitable education otherwise than by regular attendance at a school or at the place mentioned in subsection (1) or (1A).

(7) In section 444 “leave”—

(a) in relation to a place at which education is provided as mentioned in subsection (1) of this section, means leave granted by any person authorised to do so by the local authority;

(aa) in relation to a place at which education is provided as mentioned in subsection (1B)(a) or (1A) of this section, means leave granted by any person authorised to do so by the appropriate authority for the school;

(b) in relation to a place at which a child is required to attend as mentioned in subsection (1B)(a) or (2)(c) of this section, means leave granted by any person authorised to do so by the appropriate authority for the school.

(8) In this section—

(a) “relevant school” means—

(i) a maintained school,

(ii) a pupil referral unit,

(iii) an Academy school,

(iiia) an alternative provision Academy,

(iv) a city technology college, or

(v) a city college for the technology of the arts;

(b) “appropriate authority” means—

(i) in relation to a maintained school, the governing body,

(ii) in relation to a pupil referral unit, the local authority, and

(iii) in relation to a school falling within paragraph (a)(iii),(iiia), (iv) or (v), the proprietor of the school.

Penalty notice in respect of failure to secure regular attendance at school of registered pupil

444A

(1) Where an authorised officer has reason to believe—

(a) that a person has committed an offence under section 444(1), and

(b) that the offence relates—

(i) to a relevant school ...

(ii) in a case falling within subsection (1) of section 444ZA, to a place at which education is provided by a local authority ...

(iii) in a case falling within subsection (1A) of that section, to a place at which education is provided for a child in the circumstances mentioned in that subsection, or

(iv) in a case falling within subsection (1B) of that section, to a place at which a child is required to attend in the circumstances mentioned in that subsection,

he may give the person a penalty notice in respect of the offence.

(2) A penalty notice is a notice offering a person the opportunity of discharging any liability to conviction for the offence under section 444(1) to which the notice relates by payment of a penalty in accordance with the notice.

(3) Where a person is given a penalty notice, proceedings for the offence to which the notice relates (or an offence under section 444(1A) arising out of the same circumstances) may not be instituted before the end of such period as may be prescribed.

(4) Where a person is given a penalty notice, he cannot be convicted of the offence to which the notice relates (or an offence under section 444(1A) arising out of the same circumstances) if he pays a penalty in accordance with the notice.

(5) Penalties under this section shall be payable to local authorities ...

(6) Sums received by a local authority under this section may be used by the authority for the purposes of any of its functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.

Penalty notices: supplemental

444B

(1) Regulations may make—

(a) provision as to the form and content of penalty notices,

(b) provision as to the monetary amount of any penalty and the time by which it is to be paid,

(d) provision as to the methods by which penalties may be paid,

(e) provision as to the records which are to be kept in relation to penalty notices,

(f) provision as to the persons who may be authorised by a local authority or a head teacher to give penalty notices,

(g) provision limiting the circumstances in which authorised officers of a prescribed description may give penalty notices,

(h) provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

(i) repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and

(ii) prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates (and any offence under section 444(1A) arising out of the same circumstances),

(i) provision for a certificate—

(i) purporting to be signed by or on behalf of a prescribed person, and

(ii) stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated,

(j) provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice,

(k) provision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices,

(l) such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient.

(2) Without prejudice to the generality of subsection (1) or section 569(4), regulations under subsection (1)(b) may make provision for penalties of different amounts to be payable in different cases or circumstances (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).

(3) Local authorities, head teachers and authorised officers shall, in carrying out their functions in relation to penalty notices, have regard to any guidance which is published by the Secretary of State from time to time in relation to penalty notices.

(4) In this section and section 444A—

“authorised officer” means—a constable,an officer of a local authority ... who is authorised by the authority to give penalty notices, oran authorised staff member,

“authorised staff member” means—a head teacher of a relevant school ..., ora member of the staff of a relevant school ... who is authorised by the head teacher of the school to give penalty notices,

“penalty” means a penalty under a penalty notice,

“penalty notice” has the meaning given by section 444A(2),

“relevant school” means—a maintained school,a pupil referral unit, an Academy school, an alternative provision Academy,a city technology college, ora city college for the technology of the arts.

Presumption of age.

445

(1) This section applies for the purposes of any proceedings for an offence under section 443 or 444.

(2) In so far as it is material, the child in question shall be presumed to have been of compulsory school age at any time unless the parent proves the contrary.

(3) Where a court is obliged by virtue of subsection (2) to presume a child to have been of compulsory school age, section 565(1) (provisions as to evidence) does not apply.

Institution of proceedings.

446

Proceedings for an offence under section 443 or 444 shall not be instituted except by a local authority.

Education supervision orders.

447

(1) Before instituting proceedings for an offence under section 443 or 444, a local authority shall consider whether it would be appropriate (instead of or as well as instituting the proceedings) to apply for an education supervision order with respect to the child.

(2) The court—

(a) by which a person is convicted of an offence under section 443, or

(b) before which a person is charged with an offence under section 444,

may direct the local authority instituting the proceedings to apply for an education supervision order with respect to the child unless the authority ... decide that the child’s welfare will be satisfactorily safeguarded even though no education supervision order is made.

(2A) A local authority may not make a decision as mentioned in subsection (2) unless—

(a) they are the appropriate local authority, or

(b) they have consulted that authority.

(3) Where, following a direction under subsection (2), a local authority decide not to apply for an education supervision order, they shall inform the court of the reasons for their decision.

(4) Unless the court has directed otherwise, the information required under subsection (3) shall be given to the court before the end of the period of eight weeks beginning with the date on which the direction was given.

(5) Where—

(a) a local authority apply for an education supervision order with respect to a child who is the subject of a school attendance order, and

(b) the court decides that section 36(3) of the Children Act 1989 (education supervision orders) prevents it from making the order,

the court may direct that the school attendance order shall cease to be in force.

(6) In this section—

“the appropriate local authority” has the same meaning as in section 36(9) of the Children Act 1989, and

“education supervision order” means an education supervision order under that Act.

Exemption

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

448

Chapter III — Charges in connection with education at maintained schools

Preliminary

Meaning of “maintained school” in Chapter III.

449

In this Chapter “maintained school” means any school maintained by a local authority .

Prohibition of charges

Prohibition of charges for admission.

450

(1) No charge shall be made in respect of admission to a maintained school.

(2) Subsection (1) does not apply to the admission of any person to any maintained school for the purpose of—

(a) part-time education suitable to the requirements of persons of any age over compulsory school age;

(b) full-time education suitable to the requirements of persons who have attained the age of 19; or

(3) In subsection (2)(c), 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.

Prohibition of charges for provision of education.

451

(1) ... This section applies in relation to education provided at any maintained school for a registered pupil at the school.

(2) Where the education is provided for the pupil during school hours no charge shall be made in respect of it.

(2A) Regulations may, in relation to England, prescribe circumstances in which subsection (2) does not apply in relation to education which is early years provision (as defined by section 20 of the Childcare Act 2006) other than —

(a) early years provision provided in pursuance of the duty imposed by section 7 of that Act, ...

(b) early years provision for a pupil who is of compulsory school age. or

(c) early years provision provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision).

(3) Subsection (2) does not apply in relation to tuition in playing a musical instrument where the tuition is provided either individually or to a group of not more than four pupils, unless the tuition is—

(a) required as part of a syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school, or

(b) provided in pursuance of a duty imposed by or under the Curriculum and Assessment (Wales) Act 2021.

Regulations may prescribe circumstances in which subsection (2) does not apply in relation to tuition in singing or in playing a musical instrument.

(4) Where the education is provided for the pupil outside school hours no charge shall be made in respect of it if it is—

(a) required as part of a syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school, or

(b) provided in pursuance of a duty imposed by section 88 or 109 of the Education Act 2002 or section 69 of the School Standards and Framework Act 1998 or

(d) provided in pursuance of a duty imposed by or under the Curriculum and Assessment (Wales) Act 2021.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of section 451 where education is provided partly during and partly outside school hours etc.

452

(1) Where a period allowed for any educational activity at a maintained school falls partly during school hours and partly outside school hours, then—

(a) if 50 per cent. or more of the time occupied by that period together with any connected school travelling time falls during school hours, so much of the education provided during that period as is provided outside school hours shall be treated for the purposes of section 451 as provided during school hours, and

(b) in any other case, so much of the education provided during that period as is provided during school hours shall be treated for those purposes as provided outside school hours.

(2) In subsection (1) “connected school travelling time” means time spent during school hours by the pupils taking part in the educational activity concerned in getting to or from the place where the activity takes place.

(3) Where any education provided at a maintained school is provided on a residential trip, then—

(a) if the number of school sessions taken up by the trip is equal to or greater than 50 per cent. of the number of half days spent on the trip, any education provided on the trip which is provided outside school hours shall be treated for the purposes of section 451 as provided during school hours, and

(b) in any other case, any education provided on the trip which is provided during school hours shall be treated for those purposes as provided outside school hours.

(4) In this section “half day” means any period of 12 hours ending with noon or midnight on any day.

(5) For the purposes of subsection (3)—

(a) where 50 per cent. or more of a half day is spent on a residential trip, the whole of that half day shall be treated as spent on the trip, and

(b) a school session on any day on which such a session takes place at the school concerned shall be treated as taken up by a residential trip if the time spent on the trip occupies 50 per cent. or more of the time allowed for that session at the school.

(6) Nothing in section 451 shall be read as prohibiting the making of a charge in respect of board and lodging provided for a registered pupil at a maintained school on a residential trip.

Examinations: prohibition of charges and recovery of wasted fees.

453

(1) No charge shall be made in respect of the entry of a registered pupil at a maintained school for a prescribed public examination in any syllabus for that examination for which the pupil has been prepared at the school.

(2) Despite subsection (1), where—

(a) the governing body of a maintained school or the local authority have paid or are liable to pay a fee in respect of the entry of a registered pupil at the school for a public examination in any syllabus for that examination, and

(b) the pupil fails without good reason to meet any examination requirement for that syllabus,

that body or authority may recover the amount of the fee from the pupil’s parent.

(3) It shall be for the body or authority who have paid or are liable to pay the fee in question to determine for the purposes of this section any question whether a pupil who has failed to meet an examination requirement had good reason for the failure.

Prohibition of incidental charges.

454

(1) Neither the parent of a registered pupil at a maintained school nor the pupil himself shall be required to pay for or supply any materials, books, instruments or other equipment for use for the purposes of or in connection with—

(a) education provided for the pupil at the school in respect of which, by virtue of section 451, no charge may be made, or

(b) a syllabus for a prescribed public examination which is a syllabus for which the pupil has been prepared at the school.

(2) Nothing in subsection (1) shall prevent the parent of a pupil from being required to pay for or supply any materials for use for the purposes of the production, in the course of the provision of education for the pupil at the school, of any article incorporating those materials, where the parent has indicated before that requirement is made that he wishes the article to be owned by him or by the pupil.

(3) No charge shall be made in respect of transport provided for a registered pupil at a maintained school where the transport is either—

(a) incidental to education provided for the pupil at the school in respect of which, by virtue of section 451, no charge may be made, or

(b) provided for the purpose of enabling him to meet any examination requirement for any syllabus for a prescribed public examination which is a syllabus for which he has been prepared at the school.

(4) For the purposes of subsection (3)(a) transport is incidental to education provided for registered pupils at a school if it is provided for the purpose of carrying such pupils—

(a) to or from any part of the school premises in which education is provided for those pupils, from or to any other part of those premises, or

(b) to or from any place outside the school premises in which education is provided for those pupils under arrangements made by or on behalf of the governing body or the local authority, from or to the school premises or any other such place.

Permitted charges

Permitted charges.

455

(1) Subject to subsection (2), a charge may be made in respect of—

(a) education provided for a registered pupil at a maintained school other than education in respect of which, by virtue of section 451, no charge may be made,

(b) the entry of a registered pupil at a maintained school for a public examination in any syllabus for that examination otherwise than in circumstances in which, by virtue of section 453(1), no charge may be made,

(ba) travel arrangements provided under section 6 of the Learner Travel (Wales) Measure 2008 (“the Measure”) for a registered pupil at a maintained school in Wales, other than arrangements in respect of which, by virtue of section 454(3) of this Act or sections 3 or 4 of the Measure, no charge may be made,

(c) transport provided for a registered pupil at a maintained school in England other than transport in respect of which, by virtue of section 454(3) or 508B(1), 508F(3) ..., or section 508E(2)(d) and paragraph 5(2) of Schedule 35C, , no charge may be made, and

(d) board and lodging provided for a registered pupil at a maintained school on a residential trip.

(2) A charge may not be made—

(a) by virtue of subsection (1)(a) in respect of the provision for a pupil of education,

(b) by virtue of subsection (1)(b) in respect of the entry of a pupil for an examination in any syllabus for that examination, ...

(ba) by virtue of subsection (1)(ba) in respect of the provision for a pupil of travel arrangements, or

unless the education is provided, the pupil is entered for the examination in that syllabus, or the transport is provided, by agreement with the pupil’s parent.

(3) Any education, examination entry travel arrangements, or transport in respect of which a charge may be made by virtue of subsection (1) is referred to in this Chapter as an “optional extra”.

Regulation of permitted charges.

456

(1) This section applies in relation to any charge permitted under section 455 . . .; and a charge to which this section applies is referred to in this section as a “regulated charge”.

(2) The amount of any regulated charge shall be payable by the parent of the pupil concerned.

(3) A regulated charge , except any charge permitted by virtue of section 455(1)(ba), shall not exceed the cost of the provision of the optional extra or the board and lodging in question.

(4) Without prejudice to the generality of subsection (3), the cost of the provision of an optional extra includes costs, or an appropriate proportion of the costs—

(a) incurred in respect of the provision of any materials, books, instruments or other equipment used for the purposes of or in connection with the provision of the optional extra, or

(aa) attributable to the provision of the buildings and accommodation used in connection with the provision of the optional extra, or

(b) attributable to the provision of non-teaching staff for any purpose connected with the provision of the optional extra, or

(c) attributable to the provision of teaching staff engaged under contracts for services for the purpose of providing it.

(5) Subject to subsections (6) and (6A) , the cost of the provision of an optional extra shall not be taken to include any costs attributable to the provision of teaching staff other than staff engaged as mentioned in subsection (4)(c).

(6) Where the optional extra in question consists of tuition in singing or in playing a musical instrument, the cost of its provision shall include costs, or an appropriate proportion of the costs, attributable to the provision of teaching staff employed for the purpose of providing the tuition.

(6A) Where the optional extra in question consists of education which is early years provision (as defined by section 20 of the Childcare Act 2006), the cost of its provision includes the costs, or an appropriate proportion of the costs, attributable to the provision of teaching staff employed for the purpose of providing the education.

(7) Where charging is permitted under section 455 and the charge would be a regulated charge, the question whether any charge should be made, and the amount of any charge to be made, shall be determined—

(a) in a case where the cost of the provision of the optional extra or board and lodging in question is met by or from funds at the disposal of the governing body, by the governing body, and

(b) in any other case, by the local authority.

(8) The whole or any part of the amount of any charge which the local authority determine under subsection (7)(b) to make—

(a) shall, if the governing body so determine, be met by or from funds at the disposal of the governing body, and

(b) to the extent that it is so met, shall not be payable by the parent of the pupil concerned.

Charges and remissions policies.

457

(1) Every governing body of a maintained school and every local authority shall determine and keep under review a policy with respect to—

(a) the provision of, and

(b) the classes or descriptions of case in which they propose to make charges for,

any optional extra or board and lodging in respect of which charges are permitted by section 455.

. . .

(2) No such body or authority shall make such a charge unless they have both—

(a) determined a policy under subsection (1)(b) (their “charging policy”), and

(b) determined a policy (their “remissions policy”) setting out any circumstances in which they propose to remit (in whole or in part) any charge which would otherwise be payable to them in accordance with their charging policy.

(3) A remissions policy determined by the governing body of a school . . . shall set out any circumstances in which the governing body propose to meet (in whole or in part) any charge payable to the local authority, in accordance with the authority’s charging policy, for an optional extra or board and lodging provided for a registered pupil at the school.

(4) A remissions policy shall provide for complete remission of any charges otherwise payable in respect of board and lodging provided for a pupil on a residential trip if—

(a) the education provided on the trip is education in respect of which, by virtue of section 451, no charge may be made, and

(b) the pupil’s parent is—

(ai) in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph,

(i) in receipt of income support,

(ii) in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995), or

(iia) in receipt of an income-related employment and support allowance,

(iii) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed,

in respect of any period wholly or partly comprised in the time spent on the trip.

(5) A remissions policy shall be kept under review by the governing body or local authority by whom it was determined.

Charges for board and lodging at boarding schools.

458

(1) Subject to subsections (2) to (5) and section 49 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, where a registered pupil at a maintained school is provided at the school with board and lodging, there shall be payable in respect of the board and lodging by the parent of the pupil concerned, to the local authority, charges not exceeding the cost to the authority . . . of providing the board and lodging.

(2) Where—

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

(b) the local authority for that pupil’s area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school.

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

(4) Where the local authority for the pupil’s area are satisfied that payment of the full charges payable under this section would involve financial hardship to the parent of the pupil concerned, the authority—

(a) in the case of charges payable to the authority, shall remit so much of those charges as falls in accordance with subsection (5) to be so remitted, and

(b) in the case of charges payable to another local authority . . . in respect of board and lodging, shall pay so much of those charges as falls in accordance with subsection (5) to be so paid.

(5) The amount that falls to be remitted or paid by a local authority by virtue of subsection (4)(a) or (b) is—

(a) such part of the charges in question as the authority consider ought not to be paid by the pupil’s parent in order to avoid such hardship as is mentioned in subsection (4), or

(b) the whole of those charges if, in their opinion, such hardship cannot otherwise be avoided.

(6) In its application to a local authority in Wales, references in this section to special educational needs are to be interpreted as references to additional learning needs.

Supplementary

Provision of information.

459

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 relevant for the purposes of this Chapter as to the school hours at the school, and

(b) such information as to the policies determined under section 457 which apply in relation to the school,

as may be prescribed.

Contributions and charges unaffected by Chapter III.

460

(1) Nothing in this Chapter shall be read as prohibiting or in any way restricting or regulating any request or invitation by or on behalf of the governing body of a maintained school or a local authority for voluntary contributions for the benefit of the school or any school activities.

(2) Any request or invitation made by or on behalf of such a body or authority for contributions for the benefit of a school or school activities shall not be regarded for the purposes of subsection (1) as a request or invitation for voluntary contributions unless it is clear from the terms in which it is made—

(a) that there is no obligation to make any contribution, and

(b) that registered pupils at the school will not be treated differently according to whether or not their parents have made any contribution in response to the request or invitation.

(3) Nothing in this Chapter relating to charges in respect of a registered pupil at a maintained school shall be read as relating to—

(a) charges made by persons other than the governing body or the local authority, or

(b) charges to be paid by persons other than the parent of the pupil or the pupil himself.

Recovery of sums as civil debt.

461

Any sum payable under section 453(2), 455 or 458 by the parent of a registered pupil at a maintained school shall be recoverable summarily as a civil debt.

Interpretation of Chapter III.

462

(1) In this Chapter—

“equipment” does not include clothing;

“examination requirement”, in relation to a syllabus for an examination, means a requirement which a pupil must meet in order to qualify for assessment for the purposes of determining his achievements in that examination in that syllabus.

(2) In this Chapter “residential trip” means any trip—

(a) which is arranged for registered pupils at a maintained school by or on behalf of the governing body or the local authority, and

(b) which requires the pupils taking part to spend one or more nights away from their usual overnight accommodation.

(3) For the purposes of this Chapter, a pupil shall be regarded as having been prepared at a school for a syllabus for a prescribed public examination if any part of the education provided with a view to preparing him for that examination in that syllabus has been provided for him at that school.

(4) In this Chapter references to a public examination (or a prescribed public examination) are references to such an examination as it applies in relation to persons who are entered for a syllabus for that examination with a view to meeting the examination requirements for that syllabus so as to qualify for assessment for the purposes of determining their achievements in that examination on any particular occasion in any year when an assessment takes place.

(5) For the purposes of subsection (4)—

(a) “an assessment” means an assessment for the purposes of determining the achievements of persons entered for the examination in question; and

(b) such an assessment is to be regarded as taking place on any occasion on which it is determined in relation to each person entered for any syllabus in that examination who has met the examination requirements for that syllabus—

(i) whether he has passed or failed, and

(ii) if grades are assigned for the purposes of the examination, the grade to be assigned in his case.

Part VII — Independent Schools

Chapter I — Preliminary

Alteration to definition of “independent school”

463

(1) In this Act “independent school” means any school at which full-time education is provided for—

(a) five or more pupils of compulsory school age, or

(b) at least one pupil of that age for whom an EHC plan is maintained or for whom a statement is maintained under section 324 or an individual development plan is maintained, or who is looked after by a local authority (within the meaning of section 22 of the Children Act 1989 or section 74 of the Social Services and Well-being (Wales) Act 2014),

and which is not a school maintained by a local authority non-maintained special school.

(2) For the purposes of subsection (1)(a) and (b) it is immaterial if full-time education is also provided at the school for pupils under or over compulsory school age.

Chapter II — Registration of independent schools

Registration

Separate registration for England and for Wales.

464

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisional and final registration of a school.

465

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of registration: offences.

466

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.