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Education Act 1996

Type Public General Act

Publication 1996-07-24

Last updated 2026-08-18

State In force

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(8) A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.

(9) A person who seizes anything under subsection (7) must deliver it to a police constable as soon as reasonably practicable.

(10) The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

(11) An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.

(12) In this section—

“member of the staff”, in relation to a school, means—any teacher who works at the school; andany other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school;

“member of the security staff” means a member of the staff whose work at the school consists wholly or mainly of security-related activities;

“outer clothing” means—any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; ora hat, shoes, boots, gloves or a scarf;

“possessions”, in relation to a pupil of a school, includes any goods over which he has or appears to have control.

(13) The powers conferred by this section are in addition to any powers exercisable by the member of the staff in question apart from this section and are not to be construed as restricting such powers.

Detention

550B

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Chapter 2A — Guidance on mobile phones etc: schools in England

Guidance on use of mobile phones etc in schools in England

550C

(1) The appropriate person for a school in England must have regard to guidance described in subsection (2) in exercising functions in relation to the conduct of the school.

(2) The guidance referred to in subsection (1) is guidance issued from time to time by the Secretary of State about registered pupils at schools having mobile phones and other personal interactive communication devices with them, and using them—

(a) during school hours, and

(b) on school premises.

(3) Subsections (4) to (6) apply for the purposes of this section.

(4) “Appropriate person” means—

(a) for the following kinds of school, the head teacher—

(i) a community, foundation or voluntary school;

(ii) a community or foundation special school;

(iii) a maintained nursery school;

(iv) a pupil referral unit;

(v) a school approved by the Secretary of State under section 342 (approval of non-maintained special schools);

(b) for any other kind of school, the proprietor.

(5) “School hours”, in relation to a school, means any time between the start of the first school session on a school day and the end of the last school session on the same day.

(6) References to mobile phones and other personal interactive communication devices do not include references to devices provided by or on behalf of the appropriate person for a school for use by registered pupils.

Chapter III — Other provisions about schools

Duration of school day etc.

Regulations as to duration of school day etc.

551

(1) Regulations may make provision with respect to the duration of the school day and school year at, and the granting of leave of absence from, any schools to which this section applies.

(1A) In subsection (1) the reference to the duration of the school year at any such schools is a reference to the number of school sessions that must be held during any such year.

(2) The schools to which this section applies are—

(a) any school maintained by a local authority ; and

(b) . . .

Costs of school uniforms

Guidance about the costs of school uniforms: England

551A

(1) The Secretary of State must issue guidance to the appropriate authorities of relevant schools in England about the costs aspects of school uniform policies.

(2) In this section “costs aspects of school uniform policies” means any aspects of school uniform policies that the Secretary of State considers relevant to the costs of school uniforms.

(3) The appropriate authority of a relevant school must have regard to guidance issued under this section when developing and implementing a school uniform policy for the school.

(4) The Secretary of State may from time to time revise guidance issued under this section.

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

(a) an Academy school;

(b) an alternative provision Academy;

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

(e) a pupil referral unit not established in a hospital.

(6) In this section “the appropriate authority” means—

(a) in relation to an Academy school, an alternative provision Academy or a non-maintained special school, the proprietor;

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

Breakfast clubs

Free breakfast club provision in primary schools in England

551B

(1) The appropriate authority of a relevant school in England must secure that breakfast club provision is available, free of charge, for all qualifying primary pupils at the school.

(2) “Breakfast club provision” means—

(a) the provision of childcare for a period of at least 30 minutes ending immediately before the start of the first school session on each school day, and

(b) the provision of breakfast before the start of the first school session on each school day.

(3) The references in subsection (2) to the provision of childcare and breakfast are to their provision on the school premises or on suitable premises in the vicinity of the school premises.

(4) The duty under subsection (1) does not apply in relation to a relevant school on any school day in which—

(a) there is only one school session, and

(b) that session begins in the afternoon.

(5) Food and drink provided pursuant to subsection (2)(b) may, subject to the applicable food standards duty, take such form as the appropriate authority thinks fit.

(6) In this section and sections 551C and 551D—

“the appropriate authority” means—in relation to an Academy school, an alternative provision Academy or a non-maintained special school, the proprietor;in relation to a maintained school, the governing body;in relation to a pupil referral unit, the local authority which maintains the unit;

“qualifying primary pupil”, in relation to a relevant school, means a junior pupil who is a registered pupil at the school and—is of compulsory school age, oris not of compulsory school age but is in reception at the school;

“relevant school” means—an Academy school,an alternative provision Academy,a maintained school,a non-maintained special school, ora pupil referral unit,other than where established in a hospital.

(7) In this section—

“the applicable food standards duty” means—the duty imposed by section 114A(4) of SSFA 1998 (including as applied in relation to a non-maintained special school by regulations under section 342(4)(a) of this Act), orin relation to an Academy school or an alternative provision Academy, a duty contained in Academy arrangements relating to the school that is equivalent to the duty imposed by section 114A(4) of SSFA 1998 (see section 512C of this Act);

“childcare” has the meaning given by section 18 of the Childcare Act 2006;

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

“non-maintained special school” has the meaning given by section 337A;

“reception” means a year group in which the majority of children will, in the school year, attain the age of 5;

“SSFA 1998” means the School Standards and Framework Act 1998.

Power to exempt schools from duty under section 551B(1)

551C

(1) The Secretary of State may, on an application made by the appropriate authority of a relevant school, by notice given to the appropriate authority designate the school as one to which the duty under section 551B(1) does not apply.

(2) Before making an application under subsection (1), the appropriate authority of a relevant school must consult—

(a) parents of qualifying primary pupils at the school, and

(b) the local authority for the area in which the school is situated.

(3) An application under subsection (1) must be made in accordance with such requirements as may be prescribed.

(4) The Secretary of State may designate a relevant school under subsection (1) only if satisfied that requiring the appropriate authority to discharge the duty under section 551B(1)—

(a) would seriously prejudice the efficient use of resources, or

(b) would be contrary to the best interests of qualifying primary pupils at the school,

having regard to the particular circumstances of the school or of qualifying primary pupils at the school or any other relevant factor.

(5) A designation under subsection (1) has effect for the period specified in the notice under that subsection (and the period may be indefinite).

(6) A designation under subsection (1) may be varied or revoked by a further designation.

(7) The Secretary of State must—

(a) keep a list of relevant schools in relation to which a designation under subsection (1) has effect, and

(b) make the list publicly available.

Guidance in connection with breakfast club provision

551D

(1) The Secretary of State must issue guidance to the appropriate authorities of relevant schools in England with respect to—

(a) the discharge of the duty imposed on those appropriate authorities by section 551B(1);

(b) applications for a designation under section 551C(1);

(2) The appropriate authority of a relevant school in England must have regard to guidance issued under this section in connection with—

(a) the discharge of the duty under section 551B(1);

(b) the making of an application for a designation under section 551C(1).

(3) The Secretary of State may from time to time revise guidance issued under this section.

Single-sex schools

552

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Educational trusts

Schemes under the Endowed Schools Acts.

553

(1) Where under any provision (however expressed) of a scheme made under the Endowed Schools Acts 1869 to 1948 the power of the trustees under the scheme to apply any property to which the scheme relates for purposes authorised by the scheme is subject to the approval or order of any other person, the scheme shall have effect as if no such approval or order was required.

(2) The Secretary of State may, on the application of any person whose approval or order would apart from this section be required under such a scheme, direct that the requirement shall continue to have effect despite subsection (1); but no liability shall be taken to have been incurred in respect of any failure before the making of such a direction to obtain any such approval or order.

Religious educational trusts

Power to make new provision as to use of endowments.

554

(1) This section applies where—

(a) in relation to any time before the appointed day, the premises of a voluntary or grant-maintained school (within the meaning of this Act) have ceased to be used for such a voluntary or (as the case may be) grant-maintained school; or

(b) in relation to any time on or after the appointed day—

(i) the premises of a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) have ceased to be used for such a foundation or (as the case may be) voluntary school; or

(ii) in the opinion of the Secretary of State it is likely such premises will cease to be so used;

and in this subsection “the appointed day” has the meaning given by section 20(7) of the School Standards and Framework Act 1998.

(2) In such a case the Secretary of State may (subject to sections 555 and 556(1) and (2)) by order make new provision as to the use of any endowment if it is shown either—

(a) that the endowment is or has been held wholly or partly for or in connection with the provision at the school of religious education in accordance with the tenets of a particular religion or religious denomination; or

(b) that the endowment is or has been used wholly or partly for or in connection with the provision at the school of such religious education and that (subject to subsection (4)) the requirements of subsection (3) are fulfilled.

(3) The requirements of this subsection are—

(a) that the school was or has been maintained as a voluntary or grant-maintained school (within the meaning of this Act) or as a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) since 1st April 1945 (the date when Part II of the Education Act 1944 came into force); and

(b) that religious education , or teaching and learning in Religion, Values and Ethics, in accordance with the tenets of the religion or denomination concerned—

(i) is, and has been from that date, provided at the school, or

(ii) where the premises have ceased to be used for the purposes of the school, was provided at the school from that date until immediately before the premises ceased to be so used,

in pursuance of section 377 or 378 or section 380 or 381 of this Act (or any corresponding earlier enactment) or paragraph 3 or 4 of Schedule 19 to the School Standards and Framework Act 1998 , or in accordance with the Curriculum and Assessment (Wales) Act 2021.

(4) For the purposes of this section—

(a) where in the case of any school falling within subsection (3)(a) it is shown—

(i) that religious education , or teaching and learning in Religion, Values and Ethics, in accordance with the tenets of a particular religion or denomination is provided at the school, or

(ii) if the premises have ceased to be used for the purposes of the school, such religious education or teaching and learning in Religion, Values and Ethics was so provided immediately before the premises ceased to be so used,

such religious education or teaching and learning in Religion, Values and Ethics shall be taken to have been provided at the school from 1st April 1945, unless the contrary is shown; and

(b) where religious education or teaching and learning in Religion, Values and Ethics in accordance with such tenets is shown to have been given to any pupils at—

(i) a controlled school (within the meaning of this Act),

(ii) a grant-maintained school (within the meaning of this Act) which was a controlled school immediately before it became a grant-maintained school, or

(iii) a foundation or voluntary controlled school with a religious character (within the meaning of Part II of the School Standards and Framework Act 1998),

the religious education or teaching and learning in Religion, Values and Ethics shall be taken to have been given to them at the request of their parents, unless the contrary is shown.

(5) For the purposes of this section—

“endowment” includes property not subject to any restriction on the expenditure of capital; and

“shown” means shown to the satisfaction of the Secretary of State.

(6) This section applies where the premises of a non-provided public elementary school ceased before 1st April 1945 to be used for such a school as it applies where the premises of a voluntary school have ceased to be used for such a school.

(6A) In this section, and sections 556 and 557, “Religion, Values and Ethics” has the same meaning as in the Curriculum and Assessment (Wales) Act 2021.

Procedure applicable to orders under section 554.

555

(1) No order shall be made under section 554 except on the application of the persons appearing to the Secretary of State to be the appropriate authority of the religion or denomination concerned.

(2) The Secretary of State shall, not less than one month before making an order under section 554, give notice of the proposed order and of the right of persons interested to make representations on it.

(3) Such notice shall be given—

(a) by giving to any persons appearing to the Secretary of State to be trustees of an endowment affected by the proposed order a notice of the proposal to make it, together with a draft or summary of the provisions proposed to be included; and

(b) by publishing, in such manner as the Secretary of State thinks sufficient for informing any other persons interested, a notice of the proposal to make the order and of the place where any person interested may (during a period of not less than a month) inspect such a draft or summary, and by keeping a draft or summary available for inspection in accordance with the notice.

(4) The Secretary of State shall take into account any representations made to him by any person interested before the order is made.

(5) In this section “endowment” has the same meaning as in section 554.

Content of orders under section 554.

556

(1) An order under section 554—

(a) may require or authorise the disposal by sale or otherwise of any land or other property forming part of an endowment affected by the order, including the premises of the school and any teacher’s dwelling-house; and

(b) may consolidate any endowments to be dealt with by the scheme.

(2) Subject to subsection (1), and to any provision affecting the endowments which is a provision of a public general Act of Parliament, an order under section 554 shall establish and give effect, with a view to enabling the religion or denomination concerned to participate more effectively in the administration of the statutory system of public education, to a scheme or schemes for the endowments dealt with by the order to be used for appropriate educational purposes either—

(a) in connection with schools which are foundation schools or voluntary schools; or

(b) partly in connection with such schools (or either description of such schools) and partly in other ways related to the locality served by the school at the premises referred to in section 554(1)..

(3) In subsection (2) “use for appropriate educational purposes” means use for educational purposes in connection with the provision of religious education or teaching and learning in Religion, Values and Ethics in accordance with the tenets of the religion or denomination concerned (including in particular, but without prejudice to the generality of the foregoing, use for any purpose specified in Schedule 36).

(4) A scheme given effect under section 554—

(a) may provide for the retention of the capital of any endowment and application of the accruing income; or

(b) may authorise the application or expenditure of capital to such extent and subject to such conditions as may be determined by or in accordance with the scheme;

and any such scheme may provide for the endowments dealt with by the scheme or any part of them to be added to any existing endowment applicable for any such purpose as is authorised for the scheme by subsection (2).

(5) Where a scheme given effect under section 554 provides for the endowments dealt with by the order or any part of them to be used for the purposes specified in Schedule 36, any such scheme may provide for the endowments thereby dealt with or any part of them to be added to any existing endowment applicable for those purposes (whether it is so applicable by virtue of a scheme given effect to under that section or otherwise).

(6) Section 568(5) does not apply to an order under section 554, but such an order may include such incidental or supplementary provisions as appear to the Secretary of State to be necessary or expedient either for the bringing into force or for the operation of any scheme established by it, including in particular provisions—

(a) for the appointment and powers of trustees of the property comprised in the scheme or, if the property is not all applicable for the same purposes, of any part of that property; and

(b) for the property or any part of it to vest by virtue of the scheme in the first trustees under the scheme or trustees of any endowment to which it is to be added or, if not so vested, to be transferred to them.

(7) Any order under section 554 shall have effect despite any Act of Parliament (other than a public general Act), letters patent or other instrument relating to, or trust affecting, the endowments dealt with by the order.

(8) In this section “endowment” has the same meaning as in section 554.

Adoption of statutory trusts.

557

(1) This section applies to endowments which are—

(a) regulated by a qualifying scheme under the Endowed Schools Acts 1869 to 1948 as applied by section 86(1) of the Education Act 1944 or by an order under section 554 of this Act or section 2 of the Education Act 1973; and

(b) held under any such scheme or order on trusts which provide for capital or income or both to be applicable for or in connection with—

(i) the provision of religious education or teaching and learning in Religion, Values and Ethics at relevant schools, or relevant schools of any description (but not only at a particular school or schools) in a diocese or other geographical area; or

(ii) the provision of premises for relevant schools, or relevant schools of any description (but not only at a particular school or schools) at which religious education or teaching and learning in Religion, Values and Ethics is or is to be provided in a diocese or other geographical area;

but this section does not apply to an endowment if or in so far as it constitutes a religious education fund.

(2) The trustees of any endowments to which this section applies may, by resolution complying with subsection (6), adopt the uniform statutory trusts as the trusts on which those endowments are to be held.

(3) The uniform statutory trusts are those set out in Schedule 36.

(4) On the adoption by trustees of the uniform statutory trusts in respect of any endowments the scheme or order which regulates the endowments shall have effect as if the uniform statutory trusts are incorporated in the scheme or order to the exclusion of the corresponding provisions of the scheme or order.

(5) The trustees of two or more endowments which are held on the uniform statutory trusts may, by resolution complying with subsection (6), consolidate all or any of those endowments and, where they do so, the endowments shall be treated, for all purposes, as held for the purposes of a single charity.

(6) For a resolution to comply with this subsection—

(a) it must be passed by a simple majority of the trustees or, if the trustees are a body corporate or a company, by a simple majority of the members of the body corporate or an ordinary resolution of the company; and

(b) it must be recorded in the records of the decisions of the trustees affecting the endowments of the trust.

(7) Where trustees pass a resolution under subsection (2), it shall be their duty to send a copy of the resolution to the Secretary of State.

(8) The uniform statutory trusts applicable to endowments to which this section applies shall not affect—

(a) the rights of any person under the third proviso to section 2 of the School Sites Act 1841, under section 86(3) of the Education Act 1944 or under section 1 of the Reverter of Sites Act 1987 (rights replacing certain reversionary interests in land), or

(b) the rights of any local authority which have arisen under paragraph 7 or 8 of the First Schedule to the Education Act 1946 (rights in relation to school sites provided by such authorities) or which may arise under section 60(4) or 62(2),

except in so far as any right falling within paragraph (a) above is or has been extinguished by an order under section 554 of this Act or section 2 of the Education Act 1973 made by virtue of section 5 of the Reverter of Sites Act 1987.

(9) In this section—

“company” means a company as defined in section 1(1) of the Companies Act 2006;

“endowment” has the same meaning as in section 554;

“provision”, in relation to premises, means provision by the purchase of a site, the erection of premises or the maintenance, improvement or enlargement of premises;

“qualifying scheme” means a scheme in force on 1st January 1994 (the date when section 287 of the Education Act 1993 came into force);

“relevant school” means a foundation or voluntary school;

“religious education” means religious education in accordance with the tenets of a particular religion or religious denomination; and

“religious education fund” includes a Sunday school fund.

(10) In Schedule 36 as incorporated in any scheme or order—

“the area” means the diocese or other geographical area within which the trust assets may be applied under the scheme or order, as the case may be;

“relevant school” means a relevant school , Academy school, alternative provision Academy, city technology college or city college for the technology of the arts, at which the religious education provided for in the scheme or order, as the case may be, is or is to be provided; and

“the relevant trust assets” means the endowments in respect of which the trustees have adopted the uniform statutory trusts, including the income derived therefrom.

Chapter IV — Employment of children and young persons

Meaning of “child” for purposes of enactments relating to employment of children or young persons.

558

For the purposes of any enactment relating to the prohibition or regulation of the employment of children or young persons, any person who is not over compulsory school age shall be deemed to be a child within the meaning of that enactment.

Power of local authorities to prohibit or restrict employment of children.

559

(1) If it appears to a local authority that a child who is a registered pupil at a community, foundation, voluntary or special school is being employed in such a manner as to be prejudicial to his health, or otherwise to render him unfit to obtain the full benefit of the education provided for him, the authority may serve a notice in writing on the employer—

(a) prohibiting him from employing the child, or

(b) imposing such restrictions upon his employment of the child as appear to them to be expedient in the interests of the child.

(2) A local authority may serve a notice in writing on the parent or employer of a child who is a registered pupil at a community, foundation, voluntary or special school requiring the parent or employer to provide the authority, within such period as may be specified in the notice, with such information as appears to the authority to be necessary for the purpose of enabling them to ascertain whether the child is being employed in such a manner as to render him unfit to obtain the full benefit of the education provided for him.

(3) A person who—

(a) employs a child in contravention of any prohibition or restriction imposed under subsection (1), or

(b) fails to comply with the requirements of a notice served under subsection (2),

shall be guilty of an offence.

(4) A person guilty of an offence under this section shall be liable on summary conviction—

(a) to a fine not exceeding level 1 on the standard scale, or

(b) to imprisonment for a term not exceeding one month,

or both.

(5) Section 28(1) and (3) of the Children and Young Persons Act 1933 (powers of entry for the enforcement of the provisions of Part II of that Act as to the employment of children) shall apply with respect to the provisions of any notice served under this section as they apply with respect to the provisions of Part II of that Act.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Work experience in last year of compulsory schooling.

560

(1) The enactments relating to the prohibition or regulation of the employment of children shall not apply to the employment of a child in his last two years of compulsory schooling if the employment is in pursuance of arrangements made—

(a) by a local authority, or

(b) by the governing body of a school on behalf of such an authority,

with a view to providing him with work experience as a part of his education.

(2) For the purposes of subsection (1) a child shall be taken to be in his last two years of compulsory schooling as from the beginning of the last two school years at his school during the whole or part of which he is of compulsory school age.

(3) Subsection (1) shall not be taken to permit the employment of a person in any way contrary to—

(a) an enactment which in terms applies to persons of less than, or not over, a specified age expressed as a number of years, or

(b) section 1(2) of the Employment of Women, Young Persons and Children Act 1920 or section 55(1) of the Merchant Shipping Act 1995 (which prohibit the employment of children in ships).

(4) No arrangements shall be made under subsection (1) for a child to be employed in any way which would be contrary to an enactment prohibiting or regulating the employment of young persons if he were a young person (within the meaning of the enactment) and not a child.

(5) Where a child is employed in pursuance of arrangements made under subsection (1), so much of any enactment as—

(a) regulates the employment of young persons (whether by excluding them from any description of work, prescribing the conditions under which they may be permitted to do it or in any other way), and

(b) would apply in relation to him if he were of an age to be treated as a young person for the purposes of that enactment,

shall apply in relation to him, in and in respect of the employment arranged for him, in all respects as if he were of an age to be so treated.

(6) Nothing in section 495 or 496 or Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 applies in relation to any power conferred on a local authority . . . by subsection (1).

(7) In this section “enactment” includes any byelaw, regulation or other provision having effect under an enactment.

Work experience for persons over compulsory school age: England

560A

(1) A local authority in England may secure the provision of work experience for persons in their area—

(a) who are over compulsory school age but under 19, or

(b) who are aged 19 or over and for whom an EHC plan is maintained.

(2) A local authority in England must—

(a) encourage participation in work experience by persons in their area who are within subsection (1)(a) or (b);

(b) encourage employers to participate in the provision of work experience for such persons.

Chapter V — Persons not covered by Act

Act not to apply to persons in service of the Crown.

561

No power or duty conferred or imposed by this Act on—

(a) the Secretary of State,

(b) local authorities, or

shall be construed as relating to any person who is employed by or under the Crown in any service or capacity with respect to which the Secretary of State certifies that, by reason of the arrangements made for the education of children and young persons so employed, the exercise and performance of those powers and duties with respect to such children and young persons is unnecessary.

Act not to apply to certain persons detained under order of a court.

562

(1) No power or duty conferred or imposed by or under this Act on—

(a) the Secretary of State,

(b) local authorities, or

shall be construed as relating to any person who is detained in pursuance of an order made by a court or of an order of recall made by the Secretary of State subject to a detention order and is detained in accommodation that is not relevant youth accommodation, but a local authority may make arrangements for a person who is detained in pursuance of such an order such a person to receive the benefit of educational facilities provided by the authority.

(1A) For the purposes of this Act—

(a) a person is subject to a detention order if detained in pursuance of—

(i) an order made by a court, or

(ii) an order of recall made by the Secretary of State, and

(b) relevant youth accommodation is accommodation which—

(i) is youth detention accommodation (within the meaning given by section 248(1) of the Sentencing Code, and

(ii) is not in a young offender institution, or part of such an institution, that is used wholly or mainly for the detention of persons aged 18 and over.

(2) A child or young person who is being educated as a boarder at a school shall not be regarded for the purposes of subsection (1)this section as detained in pursuance of an order made by a court by reason of the fact that he is required to be at the school—

(a) by virtue of an order made by a court under the Children and Young Persons Act 1933 or by virtue of anything done under such an order; or

(b) by virtue of a requirement of a youth rehabilitation order under Chapter 1 of Part 9 of the Sentencing Code or by virtue of anything done under such a requirement.

(3) A child or young person who is being kept in accommodation provided for the purpose of restricting liberty is not to be regarded for the purposes of this section as detained in pursuance of an order made by a court by reason of the fact that a court has authorised the person to be kept in such accommodation under section 25(4) of the Children Act 1989 or section 119(4) of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty) (use of accommodation for restricting liberty).

Chapter 5A — Persons detained in youth accommodation

Provisions applying to detained persons

Application of Act to detained persons

562A

(1) In its application in relation to detained persons, this Act has effect subject to modifications prescribed by regulations made by the appropriate national authority.

(2) The power conferred by subsection (1) may not be exercised to modify the application of a provision of this Act if—

(a) the provision makes special provision in relation to detained persons, or a description of detained persons,

(b) the application of the provision in relation to detained persons, or a description of detained persons, is excluded by provision made by this Act, or

(c) the provision has effect in relation to detained persons, or a description of detained persons, subject to modifications made by this Act.

(3) References in this Chapter to a detained person are to a child or young person who is—

(a) subject to a detention order, and

(b) detained in relevant youth accommodation;

and, in provisions applying on a person's release, also include references to a person who, immediately before release, was a detained person.

Duty to take steps to promote fulfilment of potential

562B

(1) Subsection (2) applies in relation to a detained person who is not a looked after child.

(2) The home authority must—

(a) during the period of detention in relevant youth accommodation, and

(b) on the person's release from detention in relevant youth accommodation,

take such steps as they consider appropriate to promote the person's fulfilment of his or her learning potential.

(3) Those steps must include, where it appears to the home authority appropriate for them to do so, making arrangements for the provision, on the person's release from detention—

(a) of education, or

(b) in the case of a person who is over compulsory school age, of education or training.

(4) Where the host authority make any determination as to the education or training to be provided for a detained person, the authority must have regard to—

(a) any information provided under section 562F by a local authority as to the level of the person's literacy and numeracy skills;

(b) any other information provided by the home authority under section 562F for the purpose of assisting any such determination.

Detained persons with statement of special educational needs

562C

(1) This section applies where, immediately before the beginning of the detention, a local authority in Wales were maintaining a statement under section 324 for a detained person.

(2) The authority must keep the statement while the person is detained in relevant youth accommodation.

(3) The host authority must use best endeavours to secure that appropriate special educational provision is made for the detained person while the person is detained in relevant youth accommodation.

(4) For the purposes of subsection (3), appropriate special educational provision is—

(a) the special educational provision that, immediately before the beginning of the detention, was specified in the statement,

(b) educational provision corresponding as closely as practicable to the special educational provision so specified, or

(c) if it appears to the host authority that the special educational provision so specified is no longer appropriate for the person, such special educational provision as reasonably appears to the host authority to be appropriate for the person.

Appropriate special educational provision: arrangements between local authorities

562D

(1) This section applies where special educational provision is secured for a person in circumstances where section 562C applies.

(2) A local authority in Wales may supply goods and services to—

(a) the host authority, or

(b) any other person making the special educational provision in question.

(3) Goods and services may be supplied under subsection (2) only for the purpose of assisting the making or securing of that special educational provision.

Literacy and numeracy assessments

562E

(1) This section applies in relation to a detained person who is detained in particular relevant youth accommodation.

(2) The host authority must arrange for the level of the detained person's literacy and numeracy skills to be assessed as soon as reasonably practicable after the beginning of the period during which the person is detained in that accommodation.

(3) Subsection (2) does not apply if the authority are satisfied that they have evidence of the current level of the person's literacy and numeracy skills.

(4) The “current level” of a detained person's literacy and numeracy skills is the level of those skills at the beginning of the period during which the person is detained in the relevant youth accommodation in question.

Provision of information about detained persons

562F

(1) Any person who has provided education or training for a detained person (whether before or during the period of detention) may provide information relating to the detained person to—

(a) the home authority, or

(b) the host authority,

for the purposes of, or in connection with, the provision of education or training for the detained person.

(2) A local authority must, on a request under subsection (3), as soon as practicable provide to the person making the request such information that they hold relating to a detained person as is requested.

(3) A request is made under this subsection if it—

(a) is made by a person within subsection (4), and

(b) asks only for information which the person requires for the purposes of, or in connection with, the provision of education or training for the detained person (including education or training to be provided after the detained person's release from detention).

(4) Those persons are—

(a) any other local authority;

(b) a youth offending team established under section 39 of the Crime and Disorder Act 1998;

(d) any person providing or proposing to provide education or training for the detained person.

(5) The Welsh Ministers must, on a request by the home authority or the host authority, provide a copy of any relevant assessment report for the purposes of the exercise of any function of that authority under section 18A or this Chapter.

(6) In subsection (5), “relevant assessment report” means a report of an assessment of a detained person conducted (whether before or during the period of detention)—

(a) under section 140 of the Learning and Skills Act 2000, and

(b) by virtue of arrangements made by the Welsh Ministers.

(7) Subsection (8) applies in relation to a detained person if it appears to the host authority that the person is to be released from detention in relevant youth accommodation.

(8) The host authority must provide to the home authority any information they hold which—

(a) relates to the detained person, and

(b) may be relevant for the purposes of, or in connection with, the provision of education or training for the detained person after the release.

(9) The information required to be provided under subsection (8) must be provided at such time as the host authority think reasonable for the purpose of enabling education or training to be provided for the detained person after the release.

(10) Nothing in subsections (7) to (9) requires the host authority to provide to the home authority information which it appears to the host authority that the home authority already have.

(11) In this section any reference to the host authority, in relation to a detained person, includes a reference to any local authority in whose area the person is expected to be detained.

Information to be provided where statement of special educational needs previously maintained

562G

(1) This section applies in relation to a detained person if, immediately before the beginning of the detention, a local authority in Wales were maintaining a statement under section 324 for the person.

(2) Subsections (3) and (4) apply where the home authority , where they are a local authority in Wales, become aware (whether by notice under section 39A(2) of the Crime and Disorder Act 1998 (detention of child or young person: local authorities to be notified) or otherwise)—

(a) that the person—

(i) has become subject to a detention order, and

(ii) is detained in relevant youth accommodation, or

(b) that the person has been transferred from one place of accommodation to another place of accommodation which is relevant youth accommodation.

(3) If, immediately before the beginning of the detention, the home authority were maintaining the statement, they must send a copy of the statement to the host authority.

(4) If the home authority are or become aware that, immediately before the beginning of the detention, another local authority in Wales were maintaining a statement for the person under section 324, they must notify the host authority—

(a) of that fact, and

(b) of the identity of that other local authority.

(5) The local authority in Wales who, immediately before the beginning of the detention, were maintaining the statement must, on a request by the host authority, send a copy of the statement to the host authority.

(6) Subsections (7) and (8) apply where the person is released from detention in relevant youth accommodation.

(7) The host authority must notify the following of the person's release—

(a) the home authority , where they are a local authority in Wales, and

(b) if different, the authority in Wales who, immediately before the beginning of the detention, were maintaining the statement under section 324.

(8) If the home authority, where they are a local authority in Wales are not the authority who, immediately before the beginning of the detention, were maintaining the statement, the host authority must also notify the home authority—

(a) of the fact that immediately before the beginning of the detention a statement was being maintained for the person by a local authority in Wales under section 324, and

(b) of the identity of that authority.

(9) Nothing in this section requires any local authority to notify another authority of any matter of which the other authority are already aware, or to send a copy of any statement to another authority who already have a copy of it.

Release of detained person appearing to host authority to require assessment

562H

(1) This section applies in relation to the release from detention in relevant youth accommodation of a detained person—

(a) in relation to whom section 562G does not apply, and

(b) for whom the home authority are a local authority in Wales.

(2) Subsection (3) applies where it appears to the host authority that the detained person will, on release, be a child within the meaning of Part 4.

(3) If the host authority are of the opinion that the person has, or may have, special educational needs, they must, on the person's release, notify the home authority of their opinion.

(4) Subsection (6) applies where, on release, the detained person—

(a) will be over compulsory school age, or

(b) will cease to be of compulsory school age within one year.

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

(6) If—

(a) the host authority are of the opinion that the person has, or may have, a learning difficulty (within the meaning of section 41 of the Learning and Skills Act 2000 (assessments relating to learning difficulties: Wales)) and

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

the host authority must, on the person's release, notify the Welsh Ministers of their opinion.

Guidance

562I

In performing their functions under this Chapter a local authority must have regard to any guidance issued by the appropriate national authority.

Interpretation of Chapter

562J

(1) In this Chapter—

“the appropriate national authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;

“beginning of the detention”, in relation to a person detained in relevant youth accommodation, means—the beginning of the period of detention in such accommodation, orwhere that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period;

“detained person” has the meaning given by section 562A(3);

“the home authority”—in relation to a child or young person who immediately before the beginning of the detention was, or at any time since then has been, a looked after child, means the local authority who are looking after, or who have most recently been looking after, the person;in relation to any other child or young person, means the local authority in whose area the person is ordinarily resident;

“the host authority”, in relation to a child or young person detained in relevant youth accommodation, means the local authority in whose area the child or young person is detained;

“looked after child” means a person who, for the purposes of the Children Act 1989 or the Social Services and Well-being (Wales) Act 2014 is a child looked after by a local authority; and references to the local authority looking after the person are to be read accordingly;

“young person” includes a person aged 18.

(2) For the purposes of the definition of “beginning of the detention” in subsection (1), it is immaterial whether or not a period of detention is pursuant to a single order.

(3) In determining for the purpose of subsection (1) where a child or young person is ordinarily resident, any period when the person is subject to a detention order is to be disregarded.

(4) Regulations made by the appropriate national authority may make further provision for determining where a person is ordinarily resident for the purpose of that subsection.

Chapter VI — General

Documents and evidence

Educational records.

563

(1) Regulations may make provision as to—

(a) the keeping, disclosure and transfer of educational records about persons receiving education at schools to which this section applies; and

(b) the supply of copies of such records to such persons, and in such circumstances, as may be determined by or under the regulations.

(2) The regulations may authorise persons who supply copies of such records in pursuance of the regulations to charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.

(3) The schools to which this section applies are—

(a) any school maintained by a local authority ; and

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

Certificates of birth and registrars’ returns.

564

(1) Where the age of any person is required to be proved for the purposes of this Act or of any enactment relating to the employment of children or young persons, the registrar having the custody of the register of birth and deaths containing the entry relating to the birth of that person shall—

(a) on being presented by any person (“the applicant”) with a written requisition in such form and containing such particulars as may be determined by regulations, and

(b) on payment of the appropriate fee,

supply the applicant with a copy of the entry certified under his hand.

(2) A registrar shall, on being requested so to do, supply free of charge a form of requisition for the purposes of subsection (1).

(3) A registrar shall supply to a local authority such particulars of the entries contained in any register of births and deaths in his custody, and in such form, as (subject to regulations) the authority may from time to time require for the purpose of the exercise of their education functions.

(4) In this section—

“the appropriate fee” means the fee payable to the registrar having custody of the register concerned for a certified copy of an entry in the register by virtue of section 38A of the Births and Deaths Registration Act 1953;

“register of births and deaths” means a register of births and deaths kept under that Act, and

“registrar” includes a registrar of births and deaths and a superintendent registrar.

Evidence: presumption as to age.

565

(1) Where in any proceedings under this Act the person by whom the proceedings are brought—

(a) alleges that any person whose age is material to the proceedings is under, of, or over, any age, and

(b) satisfies the court that, having used all reasonable diligence to obtain evidence as to the age of that person, he has been unable to do so,

the court may, unless the contrary is proved, presume that person to be under, of, or (as the case may be) over, the age alleged.

(2) This section has effect subject to section 445(3).

Evidence: documents.

566

(1) In any legal proceedings, any of the following documents, namely—

(a) a document purporting to be a document issued by a local authority in connection with the exercise of their education functions, and to be signed by the clerk of that authority or by the director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales) or by any other officer of the authority authorised to sign it,

(b) a document purporting to be an extract from the minutes of the proceedings of the governing body of a maintained school, and to be signed by the chairman of the governing body or by their clerk,

(c) a document purporting to be a certificate giving particulars of the attendance of a child or young person at a school, and to be signed by the head teacher of the school, and

(d) a document purporting to be a certificate issued by a medical officer of a local authority, and to be signed by such an officer,

shall be received in evidence and shall be treated, without further proof, as the document which it purports to be and as having been signed by the person by whom it purports to have been signed, unless the contrary is proved.

(2) In any legal proceedings, any such extract or certificate as is mentioned in subsection (1)(b), (c) or (d) shall be evidence of the matters stated in it.

(3) Where a child of compulsory school age is required to attend at—

(a) any place at which education is provided for him in the circumstances mentioned in subsection (1) or (1A) of section 444ZA, or

(b) any place in the circumstances mentioned in subsection (1B) or (2) of that section,

subsection (1)(c) has effect as if the place in question were a school and the person in charge of the provision of education or training at that place were its head teacher (and subsection (2) has effect accordingly).

Stamp duty

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

567

Orders, regulations and directions

Orders.

568

(1) Any power of the Secretary of State to make orders under this Act (other than an order under any of the excepted provisions) shall be exercised by statutory instrument.

(2) For the purposes of subsection (1) “the excepted provisions” are—

section 349;

section 489(3);

section 497; and

section 545.

(3) A statutory instrument containing any order made by the Secretary of State under this Act, other than ... an order under—

section 354(6), 355(2)(a), 356(2)(c) or 401,

. . .

section 554,

section 583(3) or (4), or

Schedule 40,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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

(4) No order shall be made under section 354(6), 355(2)(a) or 401 unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(5) Any order made—

(a) by the Secretary of State under this Act by statutory instrument, . . .

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

may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

(6) Without prejudice to the generality of subsection (5), an order made by the Secretary of State under this Act by statutory instrument may make in relation to Wales provision different from that made in relation to England.

Regulations.

569

(1) Any power of the Secretary of State or the Welsh Ministers to make regulations under this Act shall be exercised by statutory instrument.

(2) A statutory instrument containing regulations under this Act made by the Secretary of State, other than one falling within subsection (2A), ..., shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2A) A statutory instrument which contains (whether alone or with other provision) regulations under section 434B, 436B(6), 436C(1)(g), 436C(2), 436C(4), 436E(1)(a), 436E(7), 436E(9), 436F(1), 436F(2), 550ZA(3)(f) or 550ZC(7) , or under paragraph 5 of Schedule 31A may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(2B) A statutory instrument containing regulations under sections 29(6A), 332ZC, 332AA, 332BA, 332BB , 336, 397 , 436I(6), 444A , 444B or (unless subsection (2BA) applies) Chapter 5A , or under paragraph 6B or 6C of Schedule 1, made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)).

(2BA) A statutory instrument which contains (whether alone or with other provision) regulations made by the Welsh Ministers under both section 562J(4) and section 39(2) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019).

(2BB) A statutory instrument which contains (whether alone or with other provision) regulations under section 434B or 436B(6), 436C(1)(g), 436C(2), 436C(4), 436E(1)(a), 436E(7), 436E(9), 436F(1), 436F(2) or 579(3C) , or under paragraph 5 of Schedule 31A may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019).

(2C) Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the Secretary of State or the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.

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

(4) Regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit or the Welsh Ministers think fit.

(5) Without prejudice to the generality of subsection (4), regulations under this Act may make in relation to Wales provision different from that made in relation to England.

(6) Subsection (5) does not apply to regulations under section 579(4).

Regulations made by Welsh Ministers under Chapter 5A

569A

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

Revocation and variation of certain orders and directions.

570

(1) This section applies to any order or directions made or given under this Act by—

(a) the Secretary of State, or

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

other than an order to which section 568(1) applies.

(2) Subject to subsection (3), any such order or directions may be varied or revoked by a further order or directions made or given by the Secretary of State, . . . or the local authority, as the case may be.

(3) Where the power to make or give any such order or directions is only exercisable—

(a) on the application or with the consent of any person or body of persons, or

(b) after consultation with any person or body of persons, or

no order or directions made or given under that power may be varied or revoked under subsection (2) unless the same conditions are complied with.

Guidance

Publication of guidance.

571

(1) The Secretary of State shall publish any guidance given by him for the purposes of any provision of this Act in such manner as he thinks fit.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of documents

Service of notices and other documents.

572

Any order, notice or other document required or authorised by this Act to be served on, or given to, any person may be served or given —

(a) by delivering it to that person, or

(b) by leaving it at his usual or last known place of residence, or

(2) But such a document may not be served or given in an electronic communication to a person as a parent unless —

(a) the person consents in writing to the receipt of documents of the kind in question from the sender in an electronic communication sent to a specified number or address, and

(b) the communication is sent to the number or address in question.

(3) In subsection (2), “electronic communication” has the same meaning as in the Electronic Communications Act 2000.

(4) This section does not preclude any notice or order under sections 436H to 436P (which relate to school attendance orders) from being served by any other effective method.

Construction

Meaning of expressions relating to alteration etc. of premises or character of schools.

573

(1) The following provisions apply for the purposes of this Act except where the context otherwise requires.

(2) References to the alteration of school premises include making improvements, extensions or additions to the premises; . . ..

(3) References to the enlargement of any school premises include any modification of the school’s existing premises which has the effect of increasing the number of pupils for whom accommodation can be provided.

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

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

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Changes to school not amounting to discontinuance etc.

574

(1) For the purposes of this Act and any other enactment relating to the duties of a local authority neither—

(a) references in whatever terms to discontinuing a school (including those to a local authority ceasing to maintain a school), nor

(b) references in whatever terms to establishing a new school,

shall be read as applying by reason only of a change such as is mentioned in subsection (2) being made to an existing school (so that, where such a change is made to an existing school, the school shall be regarded as continuing despite the change and as being the same school before and after it, unless for other reasons it is to be regarded as discontinued).

(2) The changes are—

(a) education beginning or ceasing to be provided for pupils above or below a particular age, for boys as well as girls or for girls as well as boys;

(b) an enlargement or alteration of the school premises; and

575

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

Meaning of “parent”.

576

(1) In this Act, unless the context otherwise requires, “parent”, in relation to a child or young person, includes any person—

(a) who is not a parent of his but who has parental responsibility for him, or

(b) who has care of him,

except that in section 499(8) it only includes such a person if he is an individual.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (1) “parental responsibility” has the same meaning as in the Children Act 1989.

(4) In determining for the purposes of subsection (1) whether an individual has care of a child or young person, any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded.

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

577

Meaning of “the Education Acts”.

578

In this Act “the Education Acts” means this Act together with the following Acts—

General interpretation.

579

(1) In this Act, unless the context otherwise requires—

“Academy” means an educational institution to which Academy arrangements relate;

“Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;

“Academy order” means an order under section 4 of that Act;

“Academy school”, “Academy order” and “alternative provision Academy” have the meanings have the meanings given by sections 1A, 1B and 1C respectively of that Act;

“additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

“additional learning provision” has the meaning given by section 3 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

“assist”, in relation to any school, institution or university, shall be construed in accordance with subsections (5) to (7) below;

“boarder” includes a pupil who boards during the week but not at weekends;

“child” means a person who is not over compulsory school age;

“clothing” includes footwear;

“education functions” means the functions specified in Schedule 36A;

“EHC plan” means a plan within section 37(2) of the Children and Families Act 2014;

“financial year” means a period of twelve months ending with 31st March;

“functions” includes powers and duties;

“head teacher” includes acting head teacher;

“higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988;

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

“individual development plan” means a plan within Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

“land” includes buildings and other structures, land covered with water, and any interest in land;

“liability” includes obligation;

“local authority” means—a local authority in England;a local authority in Wales;

“local authority in England” means—a county council in England;a metropolitan district council;a non-metropolitan district council for an area for which there is no county council;a London borough council; andthe Common Council of the City of London (in their capacity as a local authority);

“local authority in Wales” means—a county council in Wales; anda county borough council;

“local government elector” has the meaning given by section 270(1) of the Local Government Act 1972;

“maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998;

“medical officer”, in relation to a local authority, means a registered medical practitioner who is employed or engaged (whether regularly or for the purposes of any particular case) by the authority or whose services are made available to the authority by the Secretary of State;

“modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly;

“the National Curriculum”(without more) means—in relation to England, the National Curriculum for England, andin relation to Wales, the National Curriculum for Wales;

“premises”, in relation to a school, includes any detached playing fields but, except where otherwise expressly provided, does not include a teacher’s dwelling-house;

“prescribed” (except in Chapter 5A) means prescribed by regulations;

“proprietor”, in relation to a school or a 16 to 19 Academy , means the person or body of persons responsible for the management of the school or Academy (so that, in relation to a community, foundation or voluntary or community or foundation special school or a maintained nursery school, , or a maintained nursery school, it means the governing body);

“regulations” ... means regulations made by the Secretary of State , except where otherwise stated or where the function of making the regulations has been transferred to the Welsh Ministers in relation to Wales;

“relevant authority” means—the Greater London Authority,a local authority in England,a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009, ora combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;

“sex education” includes education about—Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, andany other sexually transmitted disease;

“school buildings”, in relation to a school, means any building or part of a building forming part of the school premises, other than a building or part required only—as a caretaker’s dwelling,for use in connection with playing fields,to afford facilities for the carrying out of functions under paragraph 1 or 8 of Schedule 1 to the National Health Service Act 2006 (which relate to the provision of medical services for pupils), or to afford facilities for providing milk, meals or other refreshment for pupils in attendance at the school;

“school year”, in relation to a school, means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July;

“special educational needs”—in relation to a child or person over compulsory school age but under 25 in the area of a local authority in England, has the meaning given by section 20(1) of the Children and Families Act 2014;in relation to a child in the area of a local authority in Wales, has the meaning given by section 312;

“special educational provision”—in relation to a person in the area of a local authority in England, has the meaning given by section 21(1) and (2) of the Children and Families Act 2014;in relation to a child in the area of a local authority in Wales, has the meaning given by section 312(4);

“school day”, in relation to a school, means any day on which at that school there is a school session;

“trust deed” includes any instrument (other than an instrument of government) regulating the constitution of the school’s governing body or the maintenance, management or conduct of the school;

“young person” means a person over compulsory school age but under the age of 18.

(1A) For the purposes of this Act a person is subject to learning difficulty assessment if—

(a) an assessment under section 140 of the Learning and Skills Act 2000 (learning difficulty assessments: Wales) has been conducted in respect of the person, or

(b) arrangements for such an assessment to be conducted in respect of the person have been made or are required to be made.

(2) References in this Act to an interest in land include any easement, right or charge in, to or over land.

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

(3A) References in this Act to a person who is “in the area” of a local authority in England do not include a person who is wholly or mainly resident in the area of a local authority in Wales or who would be wholly or mainly resident in the area of a local authority in Wales were it not for provision secured for the person under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

(3B) References in this Act to a person who is “in the area” of a local authority in Wales do not include a person who is wholly or mainly resident in the area of a local authority in England or who would be wholly or mainly resident in the area of a local authority in England were it not for provision secured for the person under Part 3 of the Children and Families Act 2014.

(3C) The Welsh Ministers may make further provision by regulations about the meaning of references in this Act to a person who is “in the area” of a local authority in Wales.

(4) For the purposes of this Act a person shall be treated as belonging, or as not belonging, to the area of a particular local authority in accordance with regulations; and any question under the regulations shall, in the case of a dispute, be determined by the Secretary of State.

(4A) For the purposes of this Act the area of the Common Council of the City of London shall be treated as including the Inner Temple and the Middle Temple.

(5) For the purposes of this Act a school shall be regarded as “assisted” by a local authority who do not maintain it if the authority make to its proprietor any grant in respect of the school or any payment in consideration of the provision of educational facilities there.

(6) Subject to subsection (7), an institution other than a school shall be regarded for the purposes of this Act as “assisted” by a local authority if the authority make to the persons responsible for its maintenance any grant in respect of the institution or any payment in consideration of the provision of educational facilities there.

(7) Neither—

(a) a university, nor

(b) any institution within the further education sector or within the higher education sector other than a university,

shall be regarded for the purposes of this Act as “assisted” by a local authority by virtue of the making by the authority to the persons responsible for the maintenance of the university or institution of any grant or payment such as is mentioned in subsection (6).

Index.

580

The expressions listed in the left-hand column below are defined by, or (as the case may be) are to be interpreted in accordance with, the provisions of this Act listed in the right-hand column in relation to those expressions.

Final provisions

Application to Isles of Scilly.

581

This Act shall apply to the Isles of Scilly—

(a) as if the Isles were a separate non-metropolitan county (and the Council of the Isles of Scilly were accordingly a county council), and

(b) subject to such other modifications as are specified in an order made by the Secretary of State.

Consequential amendments, repeals, transitional provisions etc.

582

(1) The enactments specified in Schedule 37 are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.

(2) The enactments and instruments specified in Schedule 38 are repealed or revoked to the extent specified.

(3) The transitional and saving provisions contained in Schedule 39 shall have effect.

(4) The transitory provisions contained in Schedule 40 shall have effect.

Short title, commencement and extent.

583

(1) This Act may be cited as the Education Act 1996.

(2) Subject to subsection (3), this Act shall come into force on 1st November 1996 (and references to the commencement of this Act are to its coming into force on that date).

(3) The following provisions—

section 8,

section 317(6),

section 348,

section 528,

Part II of Schedule 37 and section 582(1) so far as relating thereto, and

Part II of Schedule 38 and section 582(2) so far as relating thereto,

shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions and for different purposes.

(4) The Secretary of State may by order make such incidental, supplemental, saving or transitional provision as he thinks fit in connection with the coming into force in accordance with subsection (2) of any provision of this Act reproducing the effect of a provision of the Education Act 1993 which has not previously been brought into force by an order under section 308(3) of that Act (commencement).

(5) Where an order under subsection (3) brings into force any provision of section 317(6) or 528, then in relation to the coming into force of that provision—

(a) section 568(5) and (6) shall not apply to the order, but

(b) the order may make such provision as is authorised to be made, by virtue of section 67(2) and (3) of the Disability Discrimination Act 1995 (regulations and orders), by an order under section 70(3) of that Act (commencement).

(6) Subject to subsections (7) and (8), this Act extends to England and Wales only.

(7) This section, section 493 and section 569 so far as relating to regulations under section 493 extend also to Scotland; and this section extends also to Northern Ireland.

(8) Section 582 and Schedules 37 to 40 have the same extent as the enactments to which they relate.

SCHEDULE 1 — Pupil referral units

General adaptations of enactments

1

References in any enactment to the proprietor or governing body of a school shall be read, in relation to a pupil referral unit, as references to the local authority .

2

References in any enactment to the head teacher of a school shall be read, in relation to a pupil referral unit, as references to the teacher in charge of the unit (whether known as the head teacher or not).

Modifications of enactments by regulations

3

Regulations may provide for any enactments relating to schools maintained by local authorities (or schools including such schools)—

(a) to apply in relation to pupil referral units,

(b) to apply in relation to such units with such modifications as may be prescribed, or

3A

Regulations may also—

(a) require a local authority in England to obtain the consent of the Secretary of State, in specified circumstances, to the closure of a pupil referral unit ;

(b) confer a power on the Secretary of State to give directions to a local authority in England about the exercise of—

(i) their functions under section 19;

(ii) their functions under any enactment applied to pupil referral units (with or without modifications) by regulations under paragraph 3;

(iii) any other function connected with pupil referral units ;

Registration

4

(1) A person who is registered as a pupil at a school other than a pupil referral unit shall not, by reason only of being registered also as a pupil at such a unit, cease for the purposes of the Education Acts to be treated as a registered pupil at that school.

(2) In this Schedule “registered” means shown in the register kept under section 434.

Application of Local Government Act 1986

5

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

Curriculum

6

(1) In relation to every pupil referral unit, the local authority, the management committee (where applicable) and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of section 78(1) or 99(1) of the Education Act 2002(1) (balanced and broadly based curriculum).

(2) Regulations may make provision for the determination and organisation of the curriculum in relation to every pupil referral unit, including provision as to making, and keeping up to date, a written statement of the policy in relation to that curriculum for the unit; and such regulations may require—

(a) the local authority, the management committee (where applicable), or the teacher in charge to exercise, or

(b) such of them as may be prescribed to collaborate with each other in exercising,

such functions in relation to the curriculum as may be prescribed.

(3) Each local education authority in Wales shall ... make arrangements for the consideration and disposal of any complaint to the effect that the authority, or the teacher in charge of any pupil referral unit in Wales —

(a) have acted or are proposing to act unreasonably with respect to the exercise of any power conferred, or the performance of any duty imposed, on them by sub-paragraph (1) or (2) above, or

(b) have failed to discharge any such duty.

(4) The Welsh Ministers shall not entertain under section 496 or 497 (power to prevent unreasonable exercise of functions; general default powers) Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) any complaint in respect of any local education authority in Wales if it is a complaint—

(a) for which arrangements are required to be made under sub-paragraph (3) above, or

(b) that a local education authority have failed to exercise their powers to secure compliance by the teacher in charge of a pupil referral unit in Wales with any such duty as is referred to in that sub-paragraph,

unless a complaint in respect of the local education authority or, as the case may be, the teacher in charge of the unit has been made in respect of the same matter and disposed of in accordance with arrangements under that sub-paragraph.

Discipline

7

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

Sex education, political indoctrination and political issues

8

Sections 403, 406 and 407 (sex education, political indoctrination, and treatment of political issues) apply in relation to pupil referral units as they apply in relation to community schools.

Charges

9

(1) Chapter III of Part VI applies in relation to pupil referral units as if the references to governing bodies were omitted.

(2) Section 458(2)(b) (charges for board and lodging) shall have effect in relation to a pupil provided with board and lodging at a unit as if after “that” there were inserted “for the time being”.

Application of Environmental Protection Act 1990

10

A pupil referral unit is an educational institution for the purposes of Part IV of the Environmental Protection Act 1990 (litter).

Information

11

Each local authority shall—

(a) on such occasions, and

(b) in such form and manner,

as may be prescribed, make available to registered parents of registered pupils at any pupil referral unit such information about the unit as may be prescribed.

Disapplication of Schedule 4

12

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

Children with special educational needs

13

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

School attendance orders

14

(1) Where a pupil referral unit is named in a school attendance order—

(a) the local authority shall inform the teacher in charge of the unit, and

(b) if another local authority are responsible for determining the arrangements for the admission of pupils to the unit, that authority shall admit the child to the unit;

but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.

(2) Section 438(4) does not apply in relation to a pupil referral unit.

(3) A local authority—

(a) shall, before deciding to specify a particular pupil referral unit in a notice under section 438(2) where another local authority are responsible for determining the arrangements for the admission of pupils to the unit, consult that authority; and

(b) if they decide to specify the unit in the notice, shall serve notice in writing of their decision on that authority.

(4) Section 439(7) and (8) apply where a notice is served on a local authority under sub-paragraph (3) above as they apply where notice is served under section 439(6).

(5) The parent of a child in respect of whom a school attendance order is in force may not under section 440 request the local authority to amend the order by substituting a pupil referral unit for the school named in the order.

(6) Where a child is a registered pupil at both a pupil referral unit and at a school other than a unit, the references in section 444 to the school at which he is a registered pupil shall be read as references to the unit.

Management committees

15

(1) Regulations may make provision—

(a) for requiring any local authority who maintain a pupil referral unit to establish a committee to act as the management committee for the unit; and

(b) for that committee to discharge on behalf of the authority such of their functions in connection with the unit as are delegated by them to the committee in accordance with the regulations.

(2) Regulations under this paragraph may in particular make provision—

(a) for enabling a local authority to establish a joint committee to act as the management committee for two or more pupil referral units maintained by the authority;

(b) for requiring the approval of the Secretary of State to be obtained before any such joint committee is established;

(i) the appointment and removal of its members, and

(ii) their terms of office,

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Education Act 1996

Detention

Detention outside school hours lawful despite absence of parental consent.

550B

Chapter 2A — Guidance on mobile phones etc: schools in England

Guidance on use of mobile phones etc in schools in England

550C

Chapter III — Other provisions about schools

Duration of school day etc.

Regulations as to duration of school day etc.

551

Costs of school uniforms

Guidance about the costs of school uniforms: England

551A

Breakfast clubs

Free breakfast club provision in primary schools in England

551B

Power to exempt schools from duty under section 551B(1)

551C

Guidance in connection with breakfast club provision

551D

Single-sex schools

552

Educational trusts

Schemes under the Endowed Schools Acts.

553

Religious educational trusts

Power to make new provision as to use of endowments.

554

Procedure applicable to orders under section 554.

555

Content of orders under section 554.

556

Adoption of statutory trusts.

557

Chapter IV — Employment of children and young persons

Meaning of “child” for purposes of enactments relating to employment of children or young persons.

558

Power of local authorities to prohibit or restrict employment of children.

559

Work experience in last year of compulsory schooling.

560

Work experience for persons over compulsory school age: England

560A

Chapter V — Persons not covered by Act

Act not to apply to persons in service of the Crown.

561

Act not to apply to certain persons detained under order of a court.

562

Chapter 5A — Persons detained in youth accommodation

Provisions applying to detained persons

Application of Act to detained persons

562A

Duty to take steps to promote fulfilment of potential

562B

Detained persons with statement of special educational needs

562C

Appropriate special educational provision: arrangements between local authorities

562D

Literacy and numeracy assessments

562E

Provision of information about detained persons

562F

Information to be provided where statement of special educational needs previously maintained

562G

Release of detained person appearing to host authority to require assessment

562H

Guidance

562I

Interpretation of Chapter

562J

Chapter VI — General

Documents and evidence

Educational records.

563

Certificates of birth and registrars’ returns.

564

Evidence: presumption as to age.

565

Evidence: documents.