UK Educational Law (Education Act 1996)

The stages of education.

(1)The statutory system of public education consists of three progressive stages: primary education, secondary education and further education.

(2)This Part—(a)confers functions on the Secretary of State and local education authorities with respect to primary, secondary and further education.

Definition of primary, secondary and further education.

Primary education:

(1)In this Act “primary education” means—(a)full-time or part-time education suitable to the requirements of children who have attained the age of two but are under compulsory school age;(b)full-time education suitable to the requirements of junior pupils of compulsory school age who have not attained the age of 10 years and six months; and

Secondary education:

In this Act “secondary education” means—(a)full-time education suitable to the requirements of pupils of compulsory school age who are either—(i)senior pupils, or(ii)junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with senior pupils of compulsory school age;

Further education:

in this Act “further education” means—(a) full-time and part-time education suitable to the requirements of persons who are over compulsory school age [F8(including vocational, social, physical and recreational training)], and(b)organized leisure-time occupation provided in connection with the provision of such education, except that it does not include secondary education or (in accordance with subsection (7)) higher education.

 Compulsory school age:

 (1)Subsections (2) and (3) apply to determine for the purposes of any enactment whether a person is of compulsory school age.

(2)A person begins to be of compulsory school age—(a)when he attains the age of five, if he attains that age on a prescribed day, and(b)otherwise at the beginning of the prescribed day next following his attaining that age.

(3)A person ceases to be of compulsory school age at the end of the day which is the school leaving date for any calendar year—(a) if he attains the age of 16 after that day but before the beginning of the school year next following,(b)if he attains that age on that day, or(c)(unless paragraph (a) applies) if that day is the school leaving date next following his attaining that age.

Pupils to be educated in accordance with parents’ wishes. In exercising or performing all their respective powers and duties under the Education Acts, the Secretary of State and local education authorities shall have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure.

General duty of Secretary of State.

The Secretary of State shall promote the education of the people of England and Wales.

Duty in the case of primary, secondary and further education.

(1)The Secretary of State shall exercise his powers in respect of those bodies in receipt of public funds which—

(a)carry responsibility for securing that the required provision for primary, secondary or further education is made—(i)in schools, or(ii)in institutions within the further education sector, in or in any area of England or Wales, or

(b) conduct schools or institutions within the further education sector in England and Wales, for the purpose of promoting primary, secondary and further education in England and Wales.

(2)The Secretary of State shall, in the case of his powers to regulate the provision made in schools and institutions within the further education sector in England and Wales, exercise his powers with a view to (among other things) improving standards, encouraging diversity and increasing opportunities for choice.

 Local education authorities

 Local education authorities and their areas.(1)The local education authority for a county in England having a county council is the county council.(2)The local education authority for a district in England which is not in a county having a county council is the district council.(3)The local education authority for a London borough is the borough council.(4)The local education authority for the City of London (which for the purposes of this Act shall be treated as including the Inner Temple and the Middle Temple) is the Common Council of the City of London (in their capacity as a local authority).

General functions

General responsibility for education:

(1)A local education authority shall (so far as their powers enable them to do so) contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education, and secondary education] are available to meet the needs of the population of their area.(2)The duty imposed by subsection (1) does not extend to matters in respect of which any duty is imposed on—(a)the Learning and Skills Council for England or the National Council for Education and Training for Wales, or(b)the higher education funding councils established under section 62 of the Further and Higher Education Act 1992.

 Duty to promote high standards in primary and secondary education.

 (1)A local education authority shall ensure that their functions relating to the provision of education to which this section applies are (so far as they are capable of being so exercised) exercised by the authority with a view to promoting high standards.

(2)This section applies to education for—(a)persons of compulsory school age (whether at school or otherwise); and(b)persons of any age above or below that age who are registered as pupils at schools maintained by the authority; and in subsection (1) “functions” means functions of whatever nature.

Functions in respect of full-time education for 16 to 18 year olds.(1)A local education authority may secure the provision for their area of full-time or part-time] education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, including provision for persons from other areas.(1A)The power under subsection (1) to secure the provision of education includes power to secure the provision—(a)of training, including vocational, social, physical and recreational training, and(b)of organized leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).]

 Functions in respect of education for persons over 19.(1)A local education authority may secure the provision for their area of full-time or part-time education suitable to the requirements of persons who have attained the age of 19, including provision for persons from other areas.(2)The power under subsection (1) to secure the provision of education includes power to secure the provision—(a)of training, including vocational, social, physical and recreational training, and(b)of organized leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).

 Power to establish, maintain and assist primary and secondary schools.

 (1)For the purpose of fulfilling their functions under this Act, a local education authority may—(a) establish primary schools and secondary schools;(b) maintain primary and secondary schools, whether established by them or not; and(c) assist any primary or secondary school which is not maintained by them.(2)A local education authority may under subsection (1) establish, maintain and assist schools outside as well as inside their area. 

Powers in respect of nursery education:

(1)A local education authority may—(a)establish nursery schools;(b)maintain nursery schools established by them or by an authority which was a local education authority within the meaning of any enactment repealed by the M1Education Act 1944 or an earlier Act; and(c)assist any nursery school not so established.

Measures to raise standards of school education

Duty to set limit on infant class sizes.

(1)The Secretary of State shall by regulations—(a)impose a limit on class sizes for infant classes at maintained schools; and(b)specify the school years in relation to which any such limit is to have effect.

(2)Any limit imposed under this section shall specify the maximum number of pupils that a class to which the limit applies may contain while an ordinary teaching session is conducted by a single school teacher.

(3)Subject to subsections (4) and (5), regulations under this section shall be so framed that—(a)the maximum number specified in pursuance of subsection (2) is 30, and(b)that limit has effect in relation to the 2001-02 school year and any subsequent year.

(4)Regulations under this section may—(a)provide for any limit imposed under this section to take effect—(i)at the same time in the case of each of the age groups into which the pupils in infant classes fall, or(ii)at different times (which may be earlier than the beginning of the school year mentioned in subsection (3)) in the case of different such age groups;(b)provide that, in any circumstances specified in the regulations, any such limit either is not to apply or is to operate in such manner as is so specified.(5)The Secretary of State may by order amend subsection (3)—(a)by substituting for “30” such other number as is specified in the order; or(b)by substituting for the reference to the 2001-02 school year a reference to such other school year as is so specified.(6)Where any limit imposed under this section applies to an infant class at a maintained school, the local education authority and the governing body shall exercise their functions with a view to securing that that limit is complied with in relation to that class.

 Constitution of Education Action Forum:

 (1)The members of an Education Action Forum must include—(a)one person appointed by the governing body of each of the participating schools, unless the governing body of any such school choose not to make such an appointment, and(b)one or two persons appointed by the Secretary of State, unless he chooses not to make such appointments.(2)Subject to that, an Education Action Forum—(a)shall initially be constituted in accordance with the order under section 10(1), and(b)may subsequently alter its membership (as set out in that order or as previously altered under this paragraph).(3)In subsection (2) the references to altering the Forum’s membership include—(a)altering the number of members, and(b)altering who may appoint members.(4)An alteration may be made under subsection (2)(b) only if it is made—(a)in accordance with any procedural requirements specified for the purposes of this section in regulations under Schedule 1, and(b)with the consent of the Secretary of State.

 Functions of Education Action Forum.

 (1)An Education Action Forum shall have as its main object the improvement of standards in the provision of education at each of the participating schools.[F14(1A)With the consent of the Secretary of State, a Forum may also carry on any other activities which it considers will promote the provision of, or access to, education whether in a participating school or otherwise.](2)A Forum may, under arrangements made by the governing body of a participating school in respect of any prescribed function of that body relating to the conduct of the school, either—(a)discharge that function on behalf of the governing body until such time as they may specify in a request to the Forum to cease discharging the function on their behalf; or(b)assume full responsibility for the discharge of that function during the whole of the period for which the Forum remains in existence.

new framework for maintained schools

New categories of maintained schools.(1)Schools maintained by local education authorities on or after the appointed day shall be divided into the following categories—(a)community schools;(b)foundation schools;(c)voluntary schools, comprising—(i)voluntary aided schools, and(ii)voluntary controlled schools;(d)community special schools; and(e)foundation special schools.

Proposals for establishment or alteration of community, foundation or voluntary school.

(1)Where a local education authority propose—(a)to establish a new community or foundation school, or(b)to make any prescribed alteration to a community school, or(c)to make any prescribed alteration to a foundation school consisting of an enlargement of the premises of the school,the authority shall publish their proposals under this section.
(2)Where—(a)any persons (referred to in this Part as “promoters”) propose to establish a new foundation or voluntary school, or(b)the governing body of a foundation or voluntary school propose to make any prescribed alteration to the school, those persons or (as the case may be) the governing body shall publish their proposals under this section.
(3)Proposals under this section shall—(a)contain such information, and(b)be published in such manner, as may be prescribed
(4)Proposals under this section may if the relevant body or promoters think fit—(a)specify an age below 10 years and six months and an age above 12 years, and(b)provide that the school to which the proposals relate is to be a school providing full-time education suitable to the requirements of pupils whose ages are between the ages so specified
.(5)Before publishing any proposals under this section, the relevant body or promoters shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant body or promoters shall have regard to any guidance given from time to time by the Secretary of State.(6)Where any proposals published under this section relate to a school or proposed school in England, the relevant body or promoters shall send—(a)a copy of the published proposals, and(b)such information in connection with those proposals as may be prescribed, to the school organization committee for the area of the local education authority who maintain the school or (in the case of a new school) who it is proposed should maintain the school.
(7)Where any proposals published under this section relate to a school or proposed school in Wales, the relevant body or promoters shall send—(a)a copy of the published proposals, and(b)such information in connection with those proposals as may be prescribed, to the Secretary of State.
(8)Schedule 6 has effect (for both England and Wales) in relation to—(a)the procedure for dealing with proposals

under this section and their implementation; and(b)the provision of premises or other assistance in connection with their implementation.(9)Where any proposals published under this section—(a)are for the transfer of a school to a site in a different area, or(b)relate to a school which is, or (in the case of a new school) is proposed to be, situated in an area other than that of the local education authority who maintain, or (as the case may be) who it is proposed should maintain, the school, the provisions of subsection (6) and Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.(10)In this section “the relevant body or promoters” means the local education authority, governing body or promoters mentioned in subsection (1) or (2) (as the case may be).(11)In this Part—(a)“alteration”, in the context of a prescribed alteration to a maintained school, means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change—(i)in the religious character of the school, or(ii)whereby the school would acquire or lose a religious character; and(b)“area” (without more) means a local education authority area.(12)Any regulations made for the purposes of subsection (1)(b) or (2)(b) may be framed by reference to the opinion of the local education authority.

Staffing and conduct of schools

Staffing of schools

Staffing of community, voluntary controlled and community special schools.(1)Schedule 16 has effect in relation to the staffing of community, voluntary controlled and community special schools.(2)If at any time a community, voluntary controlled or community special school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15—(a)Schedule 16 shall not apply; and(b)subsections (3) to (5) below shall apply instead.(3)The number of teachers and non-teaching staff to be employed at the school shall be determined by the local education authority.(4)The authority may appoint, suspend and dismiss teachers and other staff at the school as the authority think fit.(5)The authority shall, in connection with the exercise of their functions under subsection (4), consult the governing body to such extent as the authority think fit.(6)In relation to reserved teachers at a voluntary controlled school, Schedule 16 or (as the case may be) subsection (4) above has effect subject to section 58.

 Discipline: general

Responsibility of governing body and head teacher for discipline.

(1)The governing body of a maintained school shall ensure that policies designed to promote good behavior and discipline on the part of its pupils are pursued at the school.(2)In particular, the governing body—(a)shall make, and from time to time review, a written statement of general principles to which the head teacher is to have regard in determining any measures under subsection (4); and(b)where they consider it desirable that any particular measures should be so determined by the head teacher or that he should have regard to any particular matters—(i)shall notify him of those measures or matters, and(ii)may give him such guidance as they consider appropriate; and in exercising their functions under this subsection the governing body shall have regard to any guidance given from time to time by the Secretary of State.(3)Before making or revising the statement required by subsection (2)(a) the governing body shall consult (in such manner as appears to them to be appropriate)—(a)the head teacher; and(b)parents of registered pupils at the school.(4)The head teacher shall determine measures (which may include the making of rules and provision for enforcing them) to be taken with a view to—(a)promoting, among pupils, self-discipline and proper regard for authority;(b)encouraging good behavior and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils;(c)securing that the standard of behavior of pupils is acceptable; and(d)otherwise regulating the conduct of pupils.(5)The head teacher shall in determining such measures—(a)act in accordance with the current statement made by the governing body under subsection (2)(a); and(b)have regard to any notification or guidance given to him under subsection (2)(b).(6)The standard of behavior which is to be regarded as acceptable at the school shall be determined by the head teacher, so far as it is not determined by the governing body.(7)The measures determined by the head teacher under subsection (4) shall be publicized by him in the form of a written document as follows—(a)he shall make the measures generally known within the school and to parents of registered pupils at the school; and(b)he shall in particular, at least once in every school year, take steps to bring them to the attention of all such pupils and parents and all persons employed, or otherwise engaged to provide their services, at the school.

Power of head teacher to exclude pupils.

[F30(1)The head teacher of a maintained school may exclude a pupil from the school for a fixed period or permanently.(2)The head teacher may not exercise the power to exclude a pupil from the school for one or more fixed periods such that the pupil is so excluded for more than 45 school days in any one school year.(3)A pupil may not be excluded from a maintained school (whether by suspension, expulsion or otherwise) except by the head teacher in accordance with this section.(4)In this Act “exclude”, in relation to the exclusion of a child from a school, means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly).]

 Admission forums

(1)A local education authority shall in accordance with regulations establish for their area a body, to be known as an admission forum, for the purpose of—(a)advising the authority on such matters connected with the exercise of the authority’s functions under this Chapter as may be prescribed, and(b)advising the admission authorities for maintained schools in the area for which the forum is established on—(i)such matters connected with the determination of admission arrangements, and(ii)such other matters connected with the admission of pupils, as may be prescribed.(2)The authority may establish sub-committees of the forum.(3)Regulations may make provision—(a)as to the constitution, meetings and proceedings of an admission forum and of any such sub-committee,(b)as to the manner in which advice is to be given by a forum, and(c)as to the establishment by local education authorities of joint admission forums.(4)The bodies mentioned in paragraphs (a) and (b) of subsection (1) shall have regard, in carrying out their functions, to any relevant advice given to them by an admission forum under that subsection.(5)The local education authority shall make arrangements for the forum (and any sub-committee established under subsection (2)) to be provided with accommodation and with such services as the authority consider appropriate.85B

 Functions of admission forums in relation to Academies

1) Regulations may authorize or require an admission forum established by a local education authority under section 85A to give advice to the governing body of any Academy in the authority’s area on any matter corresponding to a matter prescribed under subsection (1)(b) of that section.(2)The governing body of an Academy shall have regard, in conducting the Academy, to any relevant advice given to them by an admission forum by virtue of subsection (1).