Education Act 1996

Part I — General

Chapter I — The statutory system of education

General

The stages of education.

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• (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 authorities with respect to primary, secondary and further education; . . .

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

• (3) Part I of the Further and Higher Education Act 1992 makes provision with respect to further education..

• (4) Apart from section 10 (general duty of Secretary of State), nothing in this Act confers any functions with respect to higher education.

Definition of primary, secondary and further education.

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• (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

• (c) full-time education suitable to the requirements of junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with junior pupils within paragraph (b).

• (2) 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; and

• (b) (subject to subsection (5)) full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19 which is provided at a school at which education within paragraph (a) is also provided.

• (2A) Education is also secondary education for the purposes of this Act (subject to subsection (5)) if it is provided by an institution which—

• (a) is maintained by a local authority or is an Academy, and

• (b) is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19.

• (2B) Where—

• (a) a person is in full-time education,

• (b) he receives his education partly at a school and, by virtue of arrangements made by the school, partly at another institution or any other establishment, and

• (c) the education which he receives at the school would be secondary education if it was full-time education at the school,

the person’s education, both at the school and at the other institution or establishment, is secondary education for the purposes of this Act (subject to subsection (5)).

• (3) Subject to subsection (5), 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 (including vocational, social, physical and recreational training), and

• (b) organised 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.

• (4) Accordingly, unless it is education within subsection (2)(b) or (2A), full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19 is further education for the purposes of this Act and not secondary education.

• (5) For the purposes of this Act education provided for persons who have attained the age of 19 is further education not secondary education; but where a person—

• (a) has begun a particular course of secondary education before attaining the age of 18, and

• (b) continues to attend that course,

the education does not cease to be secondary education by reason of his having attained the age of 19.

• (6) In subsection (3)(b) “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreative activities as are suited to their requirements, for any persons over compulsory school age who are able and willing to profit by facilities provided for that purpose.

• (6A) In the context of the definitions of secondary education and further education, references in this section to education include vocational, social, physical and recreational training.

• (7) References in this section to education do not include references to higher education.

Definition of pupil etc.

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• (1) In this Act “pupil” means a person for whom education is being provided at a school, other than—

• (a) a person who has attained the age of 19 for whom further education is being provided, or

• (b) a person for whom part-time education suitable to the requirements of persons of any age over compulsory school age is being provided.

and references to pupils in the context of the admission of pupils to, or the exclusion of pupils from, a school are references to persons who following their admission will be, or (as the case may be) before their exclusion were, pupils as defined by this subsection.

• (1A) A person is not for the purposes of this Act to be treated as a pupil at a school merely because any education is provided for him at the school in the exercise of the powers conferred by section 27 of the Education Act 2002 (power of governing body of maintained school to provide community facilities etc.).

• (2) In this Act—

• “junior pupil” means a child who has not attained the age of 12; and

• “senior pupil” means a person who has attained the age of 12 but not the age of 19.

• (3) The definition of “pupil” in subsections (1) and (1A) also apply (unless the context otherwise requires) for the purposes of any instrument made or having effect as if made under the Education Acts.

Educational institutions

Schools: general.

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• (1) In this Act (subject to subsections (1A) to (1C)) “school” means an educational institution which is outside the further education sector and the wider higher education sector and is an institution for providing—

• (a) primary education,

• (b) secondary education, or

• (c) both primary and secondary education,

whether or not the institution also provides part-time education suitable to the requirements of junior pupils or further education.

• (1A) An institution which—

• (a) provides only early years provision (as defined by section 96(2) of the Childcare Act 2006), and

• (b) is not a maintained nursery school,

is not a school.

• (1B) A 16 to 19 Academy is not a school.

• (1C) An alternative provision Academy is a school.

• (2) Nothing in subsection (1) shall be taken to preclude the making of arrangements under section 19(1) (exceptional educational provision) under which part-time education is to be provided at a school; and for the purposes of this Act an educational institution that would fall within subsection (1) but for the fact that it provides part-time rather than full-time education shall nevertheless be treated as a school if that part-time education is provided under arrangements made under section 19(1) . . ..

• (3) For the purposes of this Act an institution is outside the further education sector if it is not—

• (a) an institution conducted by a further education corporation established under section 15 or 16 of the Further and Higher Education Act 1992, or

• (b) a designated institution for the purposes of Part I of that Act (defined in section 28(4) of that Act ) , or

• (c) a sixth form college

and references to institutions within that sector shall be construed accordingly.

• (4) For the purposes of this Act an institution is outside the wider higher education sector if —

• (a) in relation to England, it is not a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, or

• (b) in relation to Wales, it is not an institution within the higher education sector within the meaning given by section 91(5) of the Further and Higher Education Act 1992;

and references to institutions within the wider higher education sector are to be construed accordingly.

Primary schools, secondary schools and middle schools.

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• (1) In this Act “primary school” means (subject to regulations under subsection (4)) a school for providing primary education, whether or not it also provides part-time education suitable to the requirements of junior pupils or further education.

• (2) In this Act “secondary school” means (subject to regulations under subsection (4)) a school for providing secondary education, whether or not it also provides further education.

• (3) In this Act “middle school” means a school which, in pursuance of proposals published under any of the enactments specified in subsection (3A), has been established as, or altered so as to become, a school for providing full-time education suitable to the requirements of pupils who—

• (a) have attained a specified age below 10 years and six months, and

• (b) are under a specified age above 12 years.

• (3A) The enactments mentioned in subsection (3) are—

• (a) in relation to England—

• (i) section 28 or 28A of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998,

• (ii) section 66 of, or paragraph 7 of Schedule 11 to, the Education Act 2005, and

• (iii) section 7, 10, 11 or 19 of the Education and Inspections Act 2006;

• (b) in relation to Wales,

• (i) section 28 of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998, and

• (ii) section 48, 59 or 68 of the School Standards and Organisation (Wales) Act 2013

• (4) The Secretary of State shall make regulations for determining, or enabling him to determine, whether a middle school is to be treated for the purposes of this Act and the other enactments relating to education as a primary school or as a secondary school.

• (5) The powers conferred by the enactments mentioned in subsection (3) (so far as relating to the establishment of middle schools) and the powers conferred by subsection (4) above are exercisable—

• (a) notwithstanding anything in this Act (and in particular section 1); but

• (b) without prejudice to the exercise of any other power conferred by this Act.

Nursery schools ... .

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• (1) A primary school is a nursery school if it is used wholly or mainly for the purpose of providing education for children who have attained the age of two but are under compulsory school age.

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

Compulsory education

Duty of parents to secure education of children of compulsory school age.

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The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable—

• (a) to his age, ability and aptitude, and

• (b) to any special educational needs (in the case of a child who is in the area of a local authority in England) or additional learning needs (in the case of a child who is in the area of a local authority in Wales) he may have,

either by regular attendance at school or otherwise.

Compulsory school age.

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• (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.

• (4) The Secretary of State may by order—

• (a) provide that such days in the year as are specified in the order shall be, for each calendar year, prescribed days for the purposes of subsection (2);

• (b) determine the day in any calendar year which is to be the school leaving date for that year.

Education in accordance with parental wishes

Pupils to be educated in accordance with parents’ wishes.

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In exercising or performing all their respective powers and duties under the Education Acts, the Secretary of State and local 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.

Chapter II — Functions of the Secretary of State

General duty of Secretary of State.

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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.

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• (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, ...

• (ii) in institutions within the further education sector, or

• (iii) in 16 to 19 Academies,

in or in any area of England or Wales, or

• (b) conduct schools, institutions within the further education sector or 16 to 19 Academies 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, institutions within the further education sector and 16 to 19 Academies in England and Wales, exercise his powers with a view to (among other things) improving standards, encouraging diversity and increasing opportunities for choice.

Chapter III — local authorities

The authorities

Local authorities and their areas.

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General functions

General responsibility for education.

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• (1) A local 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 and, in the case of a local authority in England, further 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 the Secretary of State under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 ...

• (ba) the Commission for Tertiary Education and Research, or

• (c) the Office for Students.

• (3) The reference in subsection (1) to further education is to further education for persons—

• (none)

(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.

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

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

• (6) For the purposes of subsection (1), persons who are subject to a detention order are to be regarded as part of the population of the area in which they are detained (and not any other area).

Duty to promote high standards and fulfilment of potential

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• (1) A local education authority in England must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—

• (a) promoting high standards,

• (b) ensuring fair access to opportunity for education and training, and

• (c) promoting the fulfilment of learning potential by every person to whom this subsection applies.

• (2) Subsection (1) applies to the following—

• (a) persons under the age of 20;

• (b) persons aged 20 or over and for whom an EHC plan is maintained.

• (3) A local education authority in Wales must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—

• (a) promoting high standards, and

• (b) promoting the fulfilment of learning potential by every person to whom this subsection applies.

• (4) Subsection (3) applies to persons under the age of 20.

• (5) In this section—

• “education” and “training” have the same meanings as in section 15ZA;

• “relevant education function”, in relation to a local education authority in England, means a function relating to the provision of education for—persons of compulsory school age (whether at school or otherwise);persons (whether at school or otherwise) who are over compulsory school age and to whom subsection (1) applies;persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;