Office of Public Sector Information
PART VI continued CHAPTER I continued
(1) In this section “co-ordinated arrangements for admissions”, in relation to any two or more maintained or grant-maintained schools, means arrangements under an agreement to which this section applies for the purpose of co-ordinating arrangements for admitting pupils to the schools concerned.
(2) Co-ordinated arrangements for admissions, if—
(a) contained in an agreement approved by the Secretary of State under this section, or
(b) made in pursuance of a scheme under this section,
and any provision contained in any other arrangements for admitting pupils to any maintained or grant-maintained school in pursuance of a scheme under this section, shall have effect in the case of any school to which they relate despite anything in section 411(2) or in the instrument or articles of government for the school.
(3) This section applies to an agreement made in relation to any two or more maintained or grant-maintained schools to which each authority responsible for determining the arrangements for admitting pupils to any of the schools is a party, whether or not any local education authority for any area in which any of the schools is situated is also a party.
(4) The Secretary of State may make a scheme under this section for the purpose of co-ordinating arrangements, or assisting in the co-ordination of arrangements, for admitting pupils to any maintained or grant-maintained schools to which the scheme applies.
(5) A scheme under this section may in particular require each authority responsible for determining the arrangements for admitting pupils to any of the schools to which the scheme applies—
(a) to include in their arrangements for admitting pupils such provisions as may be required by the scheme;
(b) to secure the making in accordance with the scheme of an agreement for the purpose of co-ordinating arrangements for admitting pupils to the schools to which the scheme applies; or
(c) to secure the modification in accordance with the scheme of any such agreement to which they are a party.
(6) Before making a scheme under this section the Secretary of State shall, in respect of each school which appears to him to be a school to which the scheme will apply, consult—
(a) the governing body, and
(b) in the case of a maintained school, the local education authority.
(7) A scheme under this section may apply—
(a) to all schools which for the time being are maintained or grant-maintained schools;
(b) to all schools which for the time being are maintained or grant-maintained schools falling within any category of such schools specified in the scheme; or
(c) to any maintained or grant-maintained school so specified.
(8) Section 570 (revocation and variation) applies to a scheme under this section as it applies to an order made by the Secretary of State.
(9) In this section “maintained school” means a county or voluntary school or a maintained special school which is not established in a hospital.
(1) The appropriate authority may give a direction under this section if, in the case of any child in the area of a local education authority, either (or both) of the following conditions is satisfied in relation to each school which is a reasonable distance from his home and provides suitable education, that is—
(a) he has been refused admission to the school, or
(b) he is permanently excluded from the school.
(2) A direction under this section shall specify a school—
(a) which is a reasonable distance from the child’s home, and
(b) from which the child is not permanently excluded.
(3) A direction under this section shall, unless it is given on the determination of the Secretary of State under section 432(4) or by the funding authority, specify a school in the area referred to in subsection (1).
(4) Where a school is specified in a direction under this section, the governing body (and, if the school is a county or voluntary school and the local education authority are not the appropriate authority, the local education authority) shall admit the child to the school.
(5) Subsection (4) does not affect any power to exclude from a school a pupil who is already a registered pupil there.
(6) In this section “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.
(7) In this section and section 432—
(a) references to the appropriate authority are (subject to subsection (8)) references to the local education authority; and
(b) references to schools are references to county, voluntary and grant-maintained schools.
(8) Where the education which is suitable education for the child is also education of a kind to which there relates an order made under section 27(1)(b) in respect of the area referred to in subsection (1) above, references in this section and section 432 to the appropriate authority are to be read in relation to—
(a) that child, and
(b) any county, voluntary or grant-maintained school in that area, and any such school in any other area to which an order under section 27(1)(b) applies which provides education which is relevant education in relation to that order,
as references to the funding authority.
(1) Before deciding to give a direction under section 431, the appropriate authority shall consult—
(a) the parent of the child,
(b) the governing body of the school they propose to specify in the direction, and
(c) (if different) the authority which have a duty to maintain the school or to pay maintenance grant to the governing body (“the maintaining authority”).
(2) Where the appropriate authority decide to give such a direction specifying any school they shall, before doing so, serve a notice in writing of their decision on—
(a) the governing body and head teacher of the school, and
(b) (if subsection (1)(c) applies) the maintaining authority,
and shall not give the direction until the period for referring the matter to the Secretary of State under subsection (3) has expired and, if it is so referred, the Secretary of State has made his determination.
(3) Any body or authority on whom a notice is served under subsection (2) may, within the period of 15 days beginning with the day on which the notice was served, refer the matter to the Secretary of State and, if they do so, shall inform the appropriate authority.
(4) On a reference under subsection (3) the Secretary of State may determine which school is to be required to admit the child and, if he does so, that school shall be specified in the direction.
(5) Where the appropriate authority give such a direction specifying a school, they shall give notice in writing of that fact to—
(a) the governing body and head teacher of the school, and
(b) (if subsection (1)(c) applies) the maintaining authority.
(1) Section 14 (which requires a local education authority to secure that sufficient schools for providing primary and secondary education are available for their area) shall not be construed as imposing any obligation on the proprietor of a school to admit children as pupils otherwise than at the beginning of a school term.
(2) Where, however, a child was prevented from entering a school at the beginning of a term—
(a) by his being ill or by other circumstances beyond his parent’s control, or
(b) by his parent’s having been then resident at a place from which the school was not accessible with reasonable facility,
the school’s proprietor is not entitled by virtue of subsection (1) to refuse to admit him as a pupil during the currency of the term.
(3) In cases where subsection (2) does not apply, the governing body of a school maintained by a local education authority shall comply with any general directions given by the authority as to the time of admission of children as pupils.
(4) General directions given by a local education authority as respects the time of admission of children as pupils shall not prevent the admission to a school of children in respect of whose education grants may be made under arrangements which have been made under section 1 of the [1996 c. 50.] Nursery Education and Grant-Maintained Schools Act 1996.
(5) Despite section 7 (duty of parent of child of compulsory school age to cause him to receive full-time education), a parent is not under a duty to cause a child to receive full-time education during any period during which, having regard to subsections (1) and (2), it is not practicable for the parent to arrange for him to be admitted as a pupil at a school.
(1) The proprietor of a school shall cause to be kept, in accordance with regulations, a register containing the prescribed particulars in respect of all persons who are pupils at the school.
(2) Without prejudice to the generality of subsection (1), the prescribed particulars shall include particulars of the name and address of every person known to the proprietor to be a parent of a pupil at the school.
(3) The regulations shall prescribe the grounds on which names are to be deleted from a register kept under this section; and the name of a person entered in such a register as a pupil at a school—
(a) shall, when any of the prescribed grounds is applicable, be deleted from the register on that ground; and
(b) shall not be deleted from the register otherwise than on any such ground.
(4) The regulations may make provision—
(a) for enabling registers kept under this section to be inspected;
(b) for enabling extracts from such registers to be taken for the purposes of this Act by persons authorised to do so under the regulations; and
(c) for requiring the person by whom any such register is required to be kept to make to—
(i) the Secretary of State,
(ii) the funding authorities, and
(iii) local education authorities,
such periodical or other returns as to the contents of the register as may be prescribed.
(5) In this Act—
“registered pupil”, in relation to a school, means a person registered as a pupil at the school in the register kept under this section; and
“registered”, in relation to the parents of pupils at a school or in relation to the names or addresses of such parents or pupils, means shown in that register.
(6) A person who contravenes or fails to comply with any requirement imposed on him by regulations under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.
A local education authority may make arrangements in respect of a primary school maintained by them (other than one that is for the time being organised for the provision of both primary and secondary education) under which any registered pupils who are under the age of 12 but have attained the age of 10 years and six months may be required to be withdrawn from the school for the purpose of receiving secondary education.
(1) Children admitted to a school for nursery education and subsequently transferred to a reception class at the school shall be regarded for the purposes of this Chapter as admitted to the school (otherwise than for nursery education) on being so transferred.
(2) The admission of children to a school for nursery education shall be disregarded for the purpose of—
(a) applying in relation to a primary school any provision of sections 416 to 421 (apart from section 419) which refers to the number of pupils admitted or intended to be admitted to a school in any school year, or
(b) applying section 419(3) or (4) in relation to a primary school, or
(c) determining for the purposes of any provision of sections 416 to 421 what is a relevant age group in relation to a primary school,
and for the purposes of sections 426 to 428.
(1) If it appears to a local education 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 education 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 education 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 or grant-maintained school is named in a school attendance order, the local education authority shall inform the governing body and the head teacher.
(6) Where a maintained or grant-maintained school is named in a school attendance order, the governing body (and, in the case of a maintained school, the local education 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 county or voluntary school or any maintained special school which is not established in a hospital; and
“suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.
(1) This section applies where a local education 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 a statement under section 324.
(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
(c) stating the effect of subsections (3) to (6).
(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)—
(i) the parent applies for the child to be admitted to a school maintained by a local education authority and, where that authority are not the authority by whom the notice was served, notifies the latter authority of the application, or
(ii) the parent applies for the child to be admitted to a grant-maintained school and notifies the authority by whom the notice was served 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 education authority by whom the notice was served for education to be provided for the child at a school which is not maintained by a local education authority and is not a grant-maintained school, 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 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 education authority and is not a grant-maintained school, and in respect of which no application is made under subsection (5), and
(ii) notifies the local education 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 his age, ability and aptitude and to any special educational needs he may have,
that school shall be named in the order.
(1) Subject to subsection (3), a local education 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 fixed—
(a) in the case of a maintained school, in accordance with section 416, or
(b) in the case of a grant-maintained school, in accordance with sections 426 to 428,
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 education authority specifying in a notice under section 438(2) any maintained or grant-maintained school if—
(a) there is no maintained or grant-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 education authority shall not specify in a notice under section 438(2) a school from which the child concerned is permanently excluded.
(5) Before deciding to specify a particular maintained or grant-maintained school in a notice under section 438(2) a local education authority shall consult—
(a) the governing body, and
(b) if another local education authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.
(6) Where a local education authority decide to specify a particular maintained or grant-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 education authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.
(7) A governing body or local education 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 education 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.
(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 education authority maintain a statement under section 324.
(2) If at any time—
(a) the parent applies for the child to be admitted to a school maintained by a local education authority or grant-maintained school 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 education 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 maintained by a local education authority or a grant-maintained school and 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 them under section 517, and
(c) the parent requests the authority to amend the order by substituting that school for the one currently named,
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 education authority and is not a grant-maintained school, 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, and
(c) the parent requests the authority to amend the order by substituting that school for the one currently named,
the authority shall comply with the request.
(1) Subsections (2) and (3) apply where a local education authority are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom they maintain a statement under section 324.
(2) Where the statement specifies the name of a school, that school shall be named in the order.
(3) Where the statement does not specify the name of a school—
(a) the authority shall, in accordance with paragraph 10 of Schedule 27, amend the statement so that it specifies the name of a school, and
(b) that school shall then be named in the order.
(4) Where—
(a) a school attendance order is in force in respect of a child for whom the local education authority maintain a statement under section 324, and
(b) the name of the school specified in the statement is changed,
the local education authority shall amend the order accordingly.
(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 education 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 education 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 a statement under section 324—
(a) subsections (2) to (4) do not apply if the name of a school or other institution is specified in the statement, and
(b) in any other case a direction under subsection (4) may require the authority to make such amendments in the statement as the Secretary of State considers necessary or expedient in consequence of his determination.
(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 education 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.
(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.
(2) Subsections (3) 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.
(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,
(b) at any time when he was prevented from attending by reason of sickness or any unavoidable cause, or
(c) on any day exclusively set apart for religious observance by the religious body to which his parent belongs.
(4) The child shall not be taken to have failed to attend regularly at the school if the parent proves—
(a) that the school at which the child is a registered pupil is not within walking distance of the child’s home, and
(b) that no suitable arrangements have been made by the local education authority or the funding authority for any of the following—
(i) his transport to and from the school,
(ii) boarding accommodation for him at or near the school, or
(iii) enabling him to become a registered pupil at a school nearer to his home.
(5) In subsection (4) “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, subsection (4) shall not apply, but the parent shall be acquitted if he proves—
(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 at a time when he was not prevented from being present by reason of sickness or any unavoidable cause.
(8) 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.
(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.
(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.
Proceedings for an offence under section 443 or 444 shall not be instituted except by a local education authority.
(1) Before instituting proceedings for an offence under section 443 or 444, a local education 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 education authority instituting the proceedings to apply for an education supervision order with respect to the child unless the authority, having consulted the appropriate local authority, decide that the child’s welfare will be satisfactorily safeguarded even though no education supervision order is made.
Education Act 1996