Legalize / United Kingdom / Public General Act

Education Act 1996

Type Public General Act

Publication 1996-07-24

Last updated 2026-08-18

State In force

Department Statute Law Database

Source legislation.gov.uk

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336ZB

(1) A party to any proceedings under this Part before the ... Tribunal may appeal to the Upper Tribunal on any point of law arising from a decision made by the ... Tribunal in those proceedings.

(2) An appeal may be brought under subsection (1) only if, on an application made by the party concerned, the ... Tribunal or the Upper Tribunal has given its permission for the appeal to be brought.

(3) Section 12 of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this section as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the ... Tribunal.

Compliance with orders

336A

(1) If the Tribunal makes an order, the local authority concerned must comply with the order before the end of the prescribed period beginning with the date on which it is made.

(2) In subsection (1), “prescribed” means prescribed by regulations made by the Welsh Ministers with the agreement of the Secretary of State.

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

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

Chapter II — Schools providing for special educational needs

Interpretation

Special schools

337

(1) A school in England is a special school if it is specially organised to make special educational provision for pupils with special educational needs, and it is—

(a) maintained by a local authority,

(b) an Academy school, or

(2) A school in Wales is a special school if it is specially organised to make additional learning provision for pupils with additional learning needs and it is maintained by a local authority.

Interpretation of Chapter

337A

In this Chapter—

“a non-maintained special school” means a school that is approved under section 342;

Establishment etc. of special schools

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338

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339

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340

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341

Approval of non-maintained special schools

Approval of non-maintained special schools.

342

(1) The Secretary of State may approve under this section any school in England which—

(a) is specially organised to make special educational provision for pupils with special educational needs, and

(b) is not a community or foundation special school or an Academy school,

and may give ... approval before or after the school is established.

(2) Regulations may make provision as to the requirements which are to be complied with as a condition of approval under subsection (1) above.

(3) Any school which was a special school immediately before 1st April 1994 shall be treated, subject to subsection (4) below, as approved under this section.

(4) Regulations may make provision as to—

(a) the requirements which are to be complied with by a school while approved under this section, and

(b) the withdrawal of approval from a school (including approval treated as given under subsection (3)) at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.

(5) Without prejudice to the generality of subsections (2) and (4), the requirements which may be imposed by the regulations include requirements—

(a) which call for arrangements to be approved by the Secretary of State, or

(b) as to the organisation of any special school as a primary school or as a secondary school.

(5ZA) Regulations made by virtue of subsections (2) and (4)(a) must impose—

(a) a requirement for an allergy safety policy (within the meaning of section 100A of the Children and Families Act 2014) to be in place at a school,

(b) requirements that correspond or are similar to the duties imposed by section 100A(4) to (6) of that Act (duty to review and publicise policy etc), and

(c) requirements that correspond or are similar to the duties imposed on the appropriate authority for a school by regulations under section 100B of that Act (allergy safety regulations),

and the requirement referred to in paragraph (a) includes a requirement for the policy to comply with provision made by regulations under section 100A(3) of that Act.

(5A) Regulations shall make provision for securing that, so far as practicable, every pupil attending a school in England that is approved under this section—

(a) receives religious education unless withdrawn from receiving such education in accordance with the wishes of the pupil's parent, and

(b) attends religious worship unless withdrawn from attendance at such worship—

(i) in the case of a sixth-form pupil, in accordance with the pupil's own wishes, and

(ii) in any other case, in accordance with the wishes of the pupil's parent.

(5B) In subsection (5A) “a sixth-form pupil” means a pupil who—

(a) has ceased to be of compulsory school age, and

(b) is receiving education suitable to the requirements of pupils over compulsory school age.

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

Non-maintained special schools in England: protection of pupils in an emergency

Application to justice of the peace: power to make regulations

342A

(1) Regulations may make provision conferring power on a justice of the peace, on the application of the Secretary of State, to make an order in an urgent case that a non-maintained special school in England should cease to be approved under section 342.

(2) Regulations under this section may in particular make provision corresponding, with or without modifications, to that made in—

(a) section 120(2) to (7) of the Education and Skills Act 2008 (emergency orders in relation to registered independent educational institutions), or

(b) section 122 of that Act (notification).

Non-maintained special schools in England: appeals

Appeal against decision of Secretary of State

342B

(1) Regulations may make provision for an appeal against a decision of the Secretary of State—

(a) to withdraw approval from a non-maintained special school in England by virtue of section 342(4)(b) (failure to comply with prescribed requirement) otherwise than at the request of the proprietor;

(b) not to approve, not to approve a change to, or to withdraw approval from, relevant arrangements in relation to such a school.

(2) In subsection (1)(b) “relevant arrangements” means arrangements that require the approval of the Secretary of State by virtue of section 342(5)(a).

(3) Regulations under this section must provide that an appeal brought by virtue of this section—

(a) lies to the First-tier Tribunal, and

(b) must be brought by the proprietor of the school in question.

(4) The regulations may in particular make provision, in the case of an appeal brought by virtue of subsection (1)(a), prohibiting the Secretary of State from acting on a decision to withdraw approval during the period in which—

(a) an appeal against the decision could be brought, or

(b) where an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.

Appeal against order of justice of peace

342C

(1) Regulations may make provision for an appeal against the making of an order by virtue of section 342A (order by justice of peace in an emergency).

(2) The regulations must provide that an appeal brought by virtue of this section—

(a) lies to the First-tier Tribunal, and

(b) must be brought by the proprietor of the school in question.

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343

Government etc. of special schools

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344

Maintained special school becoming grant-maintained

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345

Grouping of grant-maintained special schools

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346

Independent schools providing special education

Approval of independent schools.

347

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Provision of special education at non-maintained schools —Wales.

348

(1) This section applies where—

(a) special educational provision in respect of a child with special educational needs is made at a school which is not a maintained school,

(aa) the child is in the area of a local authority in Wales, and

(b) either the name of the school is specified in a statement in respect of the child under section 324 or the local authority are satisfied—

(i) that his interests require the necessary special educational provision to be made for him at a school which is not a maintained school, and

(ii) that it is appropriate for the child to be provided with education at the particular school.

(2) Where this section applies, the local authority shall pay the whole of the fees payable in respect of the education provided for the child at the school, and if—

(a) board and lodging are provided for him at the school, and

(b) the authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless the board and lodging are also provided,

the authority shall pay the whole of the fees payable in respect of the board and lodging.

(3) In this section “maintained school” means a school maintained by a local authority.

Variation of deeds

Variation of trust deeds etc. by order.

349

(1) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to a school as, after consultation with the governing body or other proprietor of the school, appear to the Secretary of State to be necessary to enable the governing body or proprietor to meet any requirement imposed by—

(a) regulations under section 342 .... , or

(b) Academy arrangements.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any modification made by an order under this section may be made to have permanent effect or to have effect for such period as may be specified in the order.

Part V — The Curriculum

Chapter I — Preliminary

Meaning of “maintained school” etc. in Part V.

350

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General duties in respect of the curriculum.

351

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Basic curriculum for every maintained school.

352

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Chapter II — Secular education

The National Curriculum: general

The National Curriculum.

353

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The core subjects and other foundation subjects.

354

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The key stages.

355

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Establishment of the National Curriculum by order.

356

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Implementation of the National Curriculum in schools.

357

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The School Curriculum and Assessment Authority

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358

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359

The Curriculum and Assessment Authority for Wales

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360

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361

The National Curriculum: special cases

Development work and experiments.

362

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Exceptions by regulations.

363

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Pupils with statements of special educational needs.

364

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Temporary exceptions for individual pupils.

365

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Information concerning directions under section 365.

366

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Appeals against directions under section 365 etc.

367

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The National Curriculum: supplementary provisions

Procedure for making certain orders and regulations.

368

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Programmes of research etc. in relation to Wales.

369

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General functions of LEA, governing body and head teacher in relation to curriculum

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370

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371

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373

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374

Chapter III — Religious education and worship

Agreed syllabuses

Agreed syllabuses of religious education.

375

(1) Subject to the provisions of Schedule 31, any agreed syllabus in force immediately before the commencement of this Act shall continue to have effect.

(2) In this Act “agreed syllabus” means a syllabus of religious education—

(a) prepared before the commencement of this Act in accordance with Schedule 5 to the Education Act 1944 or after commencement in accordance with Schedule 31, and

(b) adopted by a local authority under that Schedule,

whether it is for use in all the schools maintained by them or for use in particular such schools or in relation to any particular class or description of pupils in such schools.

(3) Every agreed syllabus shall reflect the fact that the religious traditions in Great Britain are in the main Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain.

(4) Any reference in this Act to an agreed syllabus adopted by a local authority includes a reference to an agreed syllabus deemed to be adopted by such an authority by virtue of paragraph 11 of Schedule 5 to the Education Act 1944 or paragraph 14 of Schedule 31; and accordingly, in relation to an agreed syllabus deemed to be so adopted, any reference to the date on which an agreed syllabus was adopted is a reference to the date of deemed adoption specified by the Secretary of State in a direction under that paragraph.

(5) Subsection (3) does not apply to any agreed syllabus adopted before 29th September 1988.

Required provision for religious education

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376

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377

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378

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379

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380

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381

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382

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383

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384

Religious worship

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385

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386

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387

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388

Exceptions and special arrangements

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389

Constitution of standing advisory councils on religious education

Constitution of advisory councils.

390

(1) A local authority shall constitute a standing advisory council on religious education for the purposes mentioned in section 391(1).

(2) The council shall consist of such groups of persons appointed by the authority as representative members (“representative groups”) as are required by subsection (4).

(3) The council may also include co-opted members (that is, persons co-opted as members of the council by members of the council who have not themselves been so co-opted).

(4) The representative groups required by this subsection are—

(a) a group of persons to represent such Christian denominations and other religions and denominations of such religions as, in the opinion of the authority, will appropriately reflect the principal religious traditions in the area;

(b) except in the case of an area in Wales, a group of persons to represent the Church of England;

(c) a group of persons to represent such associations representing teachers as, in the opinion of the authority, ought to be represented, having regard to the circumstances of the area; and

(d) a group of persons to represent the authority.

(5) Where a representative group is required by subsection (4)(b), the representative group required by subsection (4)(a) shall not include persons appointed to represent the Church of England.

(6) The number of representative members appointed to any representative group under subsection (4)(a) to represent each denomination or religion required to be represented shall, so far as consistent with the efficient discharge of the group’s functions, reflect broadly the proportionate strength of that denomination or religion in the area.

(7) On any question to be decided by the council only the representative groups on the council shall be entitled to vote, and each representative group shall have a single vote.

Functions of advisory councils.

391

(1) The purposes referred to in section 390(1) are—

(a) to advise the local authority on such matters connected with—

(i) religious worship in community schools or in foundation schools which (within the meaning of Part II of the School Standards and Framework Act 1998) do not have a religious character, and

(ii) the religious education to be given in accordance with an agreed or other syllabus in accordance with Schedule 19 to that Act,

as the authority may refer to the council or as the council may see fit, and

(b) to carry out the functions conferred on them by section 394.

(2) The matters referred to in subsection (1)(a) include, in particular, methods of teaching, the choice of materials and the provision of training for teachers.

(3) The representative groups on the council required by section 390(4), other than the group consisting of persons appointed to represent the authority, may at any time require a review of any agreed syllabus for the time being adopted by the authority.

(4) Each representative group concerned shall have a single vote on the question of whether to require such a review.

(5) Paragraph 3 of Schedule 31 has effect to require the authority, on receiving written notification of any such requirement, to cause a conference constituted in accordance with that Schedule to be convened for the purpose of reconsidering any agreed syllabus to which the requirement relates.

(6) The council shall in each year publish a report as to the exercise of their functions and any action taken by representative groups on the council under subsection (3) during the last preceding year.

(7) The council’s report shall in particular—

(a) specify any matters in respect of which the council have given advice to the authority,

(b) broadly describe the nature of the advice given, and

(c) where any such matter was not referred to the council by the authority, give the council’s reasons for offering advice on that matter.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) A council for an area in Wales must send a copy of each report published by them under subsection (6) to the Welsh Ministers.

Advisory councils: supplementary provisions.

392

(1) In this section “the council” means the standing advisory council on religious education constituted by a local authority under section 390.

(2) Before appointing a person to represent any religion, denomination or associations as a member of the council, the authority shall take all reasonable steps to assure themselves that he is representative of the religion, denomination or associations in question.

(3) A member of the council who was appointed by the authority may be removed from membership by the authority if, in their opinion, he ceases to be representative of the religion, denomination or associations which he was appointed to represent or (as the case may be) he ceases to be representative of the authority.

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

(5) A person co-opted as a member of the council shall hold office on such terms as may be determined by the members co-opting him.

(6) A member of the council may at any time resign his office.

(7) Subject to section 390(7), the council and, in relation to any question falling to be decided by members of the council of any particular category, the members of that category, may regulate their own proceedings.

(8) The validity of proceedings of the council or of the members of the council of any particular category shall not be affected—

(a) by a vacancy in the office of any member of the council required by section 390(2), or

(b) on the ground that a member of the council appointed to represent any religion, denomination or associations does not at the time of the proceedings represent the religion, denomination or associations in question.

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393

Determinations by standing advisory councils

Determination of cases in which requirement for Christian collective worship is not to apply.

394

(1) The council constituted by a local authority under section 390 shall, on an application made by the head teacher of—

(a) any community school maintained by the authority, or

(b) any foundation school which has not been designated under section 69(3) of the School Standards and Framework Act 1998 by the Secretary of State as having a religious character,

consider whether it is appropriate for the requirement imposed by paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 (requirement for Christian collective worship) to apply in the case of the school or in the case of any class or description of pupils at the school.

(2) In determining whether it is appropriate for that requirement to apply as mentioned in subsection (1), the council shall have regard to any circumstances relating to the family backgrounds of the pupils at the school, or of the pupils of the particular class or description in question, which are relevant for determining the character of the collective worship appropriate in their case.

(3) The council shall give the head teacher written notification of their decision on the application.

(4) Where the council determine that it is not appropriate for the requirement to apply as mentioned in subsection (1), the determination shall take effect for the purposes of paragraph 4 of Schedule 20 to the School Standards and Framework Act 1998 (disapplication of requirement for Christian collective worship) on such date as may be specified in the notification of the council’s decision under subsection (3).

(5) Before making an application under subsection (1), the head teacher of a school shall consult the governing body.

(6) On being consulted by the head teacher, the governing body may if they think fit take such steps as they consider appropriate for consulting all persons appearing to them to be parents of registered pupils at the school.

(7) An application under subsection (1) shall be made in such manner and form as the council may require.

(8) Where an application is made under subsection (1)(a) in respect of a community school which becomes a foundation school (by virtue of the relevant enactments) before the application is determined, it shall, unless withdrawn by the head teacher, continue as if made under subsection (1)(b).

(9) In subsection (8) “the relevant enactments” means—

(a) in relation to England, sections 18 to 24 of the Education and Inspections Act 2006;

(b) in relation to Wales, section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998.

Review of determinations under section 394.

395

(1) Any determination by a council under section 394 by virtue of which the requirement imposed by paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 does not for the time being apply in the case of a school or a class or description of pupils at a school shall be reviewed by the council—

(a) at any time on an application made by the head teacher, and

(b) in any event not later than the end of the period of five years beginning with the date on which the determination first took effect or (where it has since been reviewed under this section) with the effective date of the decision on the last review.

(2) On any review under subsection (1)(b) the council shall give the head teacher an opportunity of making representations as to the determination under review.

(3) On a review under this section, the council may—

(a) confirm the determination, with or without variation, or

(b) revoke it (without prejudice to any further determination under section 394).

(4) The council shall give the head teacher written notification of their decision, specifying the effective date of that decision for the purposes of subsection (1)(b).

(5) Any determination which is required to be reviewed under subsection (1)(b) shall cease to have effect, if not confirmed on such a review, at the end of the period there mentioned.

(6) The head teacher of a school shall consult the governing body before making an application under subsection (1)(a) or any representations under subsection (2).

(7) On being consulted by the head teacher, the governing body may if they think fit take such steps as they consider appropriate for consulting all persons appearing to them to be parents of registered pupils at the school.

(8) An application under subsection (1)(a) shall be made in such manner and form as the council may require.

Power of Secretary of State to direct advisory council to revoke determination or discharge duty.

396

(1) Where the Secretary of State is satisfied, either on complaint by any person or otherwise, that any standing advisory council on religious education constituted by a local authority under section 390—

(a) have acted, or are proposing to act, unreasonably in determining for the purposes of section 394 or 395 whether it is appropriate for the requirement imposed by paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 to apply in the case of any school or any class or description of pupils at a school, or

(b) have failed to discharge any duty imposed under section 394 or 395,

he may give the council such directions as to the revocation of the determination, or the withdrawal of the proposed determination or (as the case may be) the discharge of the duty as appear to him to be expedient; and the council shall comply with the directions.

(2) Directions under subsection (1) may provide for the making by the council of a new determination to take effect in place of the determination or proposed determination to be revoked or withdrawn by them.

Access to meetings and documents

Religious education: access to meetings and documents.

397

(1) This section applies to—

(a) any conference convened under any of paragraphs 1 to 3 of Schedule 31, and

(b) any standing advisory council on religious education constituted under section 390.

(2) Regulations may make provision—

(a) for meetings of conferences or councils to be, subject to prescribed exceptions, open to members of the public,

(b) requiring conferences or councils to give notice, in such manner as may be prescribed, of the time and place of such meetings, and

(i) to make available for inspection, or

(ii) to provide on payment of such fee as they think fit (not exceeding the cost of supply),

copies of the agendas and reports for such meetings to members of the public.

(3) Regulations made under subsection (2) may apply to—

(a) committees appointed by local authorities under paragraph 4 of Schedule 31,

(b) sub-committees appointed by conferences under that Schedule, and

as they apply to conferences and councils.

Miscellaneous

No requirement of attendance at Sunday school etc.

398

(1) It shall not be required, as a condition of—

(a) a pupil attending a maintained school, or

(b) a person attending such a school to receive further education or any training for members of the school workforce ,

that he must attend or abstain from attending a Sunday school or a place of religious worship.

(2) In subsection (1)(b), the reference to training for members of the school workforce is to be read in accordance with sections 96(1) and 100 of the Education Act 2005.

Determination of question whether religious education in accordance with trust deed.

399

Where any trust deed relating to a foundation or voluntary school makes provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide whether the religious education given in the school which purports to be in accordance with the provisions of the trust deed does or does not accord with those provisions, that question shall be determined in accordance with the provisions of the trust deed.

Chapter IV — Miscellaneous and supplementary provisions

Courses leading to external qualifications

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400

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401

Obligation to enter pupils for public examinations

Obligation to enter pupils for public examinations.

402

(1) Subject to subsections (2) and (3), the governing body of a maintained school shall secure that each registered pupil at the school is entered, at such time as they consider appropriate, for each prescribed public examination for which he is being prepared at the school at the time in question in each syllabus for that examination for which he is being so prepared.

(2) The governing body are not required to secure that a pupil is entered for any examination, or for an examination in any syllabus for that examination, if either—

(a) they consider that there are educational reasons in the case of that particular pupil for not entering him for that examination or (as the case may be) for not entering him for that examination in that syllabus, or

(b) the parent of the pupil requests in writing that the pupil should not be entered for that examination or (as the case may be) for that examination in that syllabus;

but this subsection does not apply to an examination which is part of the assessment arrangements for the fourth key stage and applies in the case of that pupil.

(2A) But subsection (2) does not apply to—

(a) an examination which is part of the assessment arrangements for the fourth key stage and applies in the case of that pupil (if the pupil is registered at a school maintained by a local authority in England), or

(b) an examination which is part of the assessment arrangements for pupils of compulsory school age who have completed the school year in which the majority of the pupils in their class attained the age of 14 and applies in the case of that pupil (if the pupil is registered at a school maintained by a local authority in Wales).

(3) The governing body are not required to secure that a pupil is entered for any examination in any syllabus for that examination if they have secured his entry for another prescribed public examination in a corresponding syllabus.

(4) For the purposes of subsection (3) a syllabus for a prescribed public examination shall be regarded as corresponding to a syllabus for another prescribed public examination if the same course of study is provided at the school in preparation for both syllabuses.

(5) As soon as practicable after determining whether or not to secure the entry of any pupil for a prescribed public examination in any syllabus for which he is being prepared at the school, the governing body shall notify the pupil’s parent in writing of their determination in relation to each such syllabus.

(6) In this section—

(a) “maintained school” includes a community or foundation special school established in a hospital;

(aa) “assessment arrangements” and “fourth key stage”—

(i) in relation to a school maintained by a local authority in England, have the same meaning as in Part 6 of the Education Act 2002 (the curriculum in England), and

(ii) in relation to a school maintained by a local authority in Wales, have the same meaning as in Part 7 of that Act (the curriculum in Wales); and

(ab) “assessment arrangements”, in relation to a school maintained by a local authority in Wales, has the same meaning as in Part 4 of the Curriculum and Assessment (Wales) Act 2021 (assessment and progression);

(b) references to a prescribed public examination shall be construed in accordance with section 462.

Sex education

Sex education: manner of provision.

403

(1) The . . ., governing body and head teacher shall take such steps as are reasonably practicable to secure that where sex education is given to any registered pupils at a maintained school (whether or not as part of statutory relationships and sex education) , it is given in such a manner as to encourage those pupils to have due regard to moral considerations and the value of family life.

(1A) The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools—

(a) they learn the nature of marriage and its importance for family life and the bringing up of children, and

(b) they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned.

(1ZB) In subsection (1A) the reference to sex education does not include sex education given as part of statutory relationships and sex education.

(1B) In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State’s guidance.

(1C) Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools.

(1D) The Secretary of State may at any time revise his guidance under subsection (1A).

(2) In this section“maintained school” includes a community or foundation special school established in a hospital and “NHS body” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act) .

(2A) In this section “statutory relationships and sex education” means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.

Sex education: statements of policy.

404

(1) The governing body of a maintained school shall—

(a) make, and keep up to date, a separate written statement of their policy with regard to the provision of sex education, and

(b) make copies of the statement available for inspection (at all reasonable times) by parents of registered pupils at the school and provide a copy of the statement free of charge to any such parent who asks for one.

(1A) A statement under subsection (1) must include a statement of the effect of section 405.

(1B) In subsection (1) the reference to sex education does not include sex education given as part of statutory relationships and sex education (and accordingly subsection (1) does not apply at all in relation to a school at which sex education is only given as part of statutory relationships and sex education).

(2) In subsection (1) “maintained school” includes, in relation to pupils who are provided with secondary education, a community or foundation special school established in a hospital.

In this section—

“maintained school” includes, in relation to pupils who are provided with secondary education, a community or foundation special school established in a hospital;

“statutory relationships and sex education” means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.

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

Exemption from sex education.

405

(1) If the parent of any pupil in attendance at a maintained school requests that he may be wholly or partly excused from receiving sex education at the school, the pupil shall, except so far as such education is comprised in the National Curriculum, be so excused accordingly until the request is withdrawn.

(2) In subsection (1) the reference to sex education does not include sex education provided at a maintained school in England as part of statutory relationships and sex education.

(3) If the parent of any pupil in attendance at a maintained school in England requests that the pupil may be wholly or partly excused from sex education provided as part of statutory relationships and sex education, the pupil must be so excused until the request is withdrawn, unless or to the extent that the head teacher considers that the pupil should not be so excused.

(4) In this section “statutory relationships and sex education” means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.

Politics

Political indoctrination.

406

(1) The local authority, governing body and head teacher shall forbid—

(a) the pursuit of partisan political activities by any of those registered pupils at a maintained school who are junior pupils, and

(b) the promotion of partisan political views—

(i) in the teaching of any subject in the school (in the case of a school in England), or

(ii) in the teaching of any aspect of a curriculum provided in the school under the Curriculum and Assessment (Wales) Act 2021 (in the case of a school in Wales)

(2) In the case of activities which take place otherwise than on the school premises, subsection (1)(a) applies only where arrangements for junior pupils to take part in the activities are made by—

(a) any member of the school’s staff (in his capacity as such), or

(b) anyone acting on behalf of the school or of a member of the school’s staff (in his capacity as such).

(3) In this section “maintained school” includes a community or foundation special school established in a hospital.

Duty to secure balanced treatment of political issues.

407

(1) The local authority, governing body and head teacher shall take such steps as are reasonably practicable to secure that where political issues are brought to the attention of pupils while they are—

(a) in attendance at a maintained school, or

(b) taking part in extra-curricular activities which are provided or organised for registered pupils at the school by or on behalf of the school,

they are offered a balanced presentation of opposing views.

(2) In this section “maintained school” includes a community or foundation special school established in a hospital.

Information

Provision of information.

408

(1) Regulations may require, in relation to every maintained school, the local authority, the governing body or the head teacher to make available either generally or to prescribed persons, in such form and manner and at such times as may be prescribed—

(a) such information (including information as to the matters mentioned in subsection (2)) relevant for the purposes of any of the relevant provisions of this Part or Part V of the Education Act 1997 or section 96 of the Learning and Skills Act 2000 or the relevant provisions of the Education Act 2002 or the provisions of Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 or the provisions of the Qualifications Wales Act 2015 or the provisions of the Curriculum and Assessment (Wales) Act 2021, and

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

as may be prescribed.

(2) The matters referred to in subsection (1)(a) are—

(a) the curriculum for maintained schools,

(b) the educational provision made by the school for pupils at the school and any syllabuses to be followed by those pupils,

(c) the educational achievements of pupils at the school (including the results of any assessments of those pupils, whether under this Part or otherwise, for the purpose of ascertaining those achievements), and

(d) the educational achievements of such classes or descriptions of pupils as may be prescribed (including results of the kind mentioned in paragraph (c)). , and

(e) arrangements relating to relevant qualifications (within the meaning given by section 96(5) of the Learning and Skills Act 2000) which are approved under section 98 ... of that Act and to courses leading to such qualifications.

(f) arrangements relating to qualifications within the meaning given in section 56 of the Qualifications Wales Act 2015 which are approved under Part 4 of that Act and to courses of education or training leading to such qualifications.

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

(4) For the purposes of subsection (1) the relevant provisions of this Part are—

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

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

(d) sections 390 to 392;

(e) sections 394 to 396 396A;

(f) sections 398 ... and 405; ...

(g) section 409 ; and

(h) in so far as subsection (1) applies in relation to Wales, sections 403 and 404.

(4A) For the purposes of subsection (1) the relevant provisions of the Education Act 2002 are—

(a) Part 6 (the curriculum in England), and

(b) sections 97 to 117 (the curriculum in Wales).

(5) Before making any regulations under this section, the Secretary of State shall consult any persons with whom consultation appears to him to be desirable.

(6) Regulations under this section shall not require information as to the results of an individual pupil’s assessment (whether under Part 6 or 7 of the Education Act 2002 or Part 4 of the Curriculum and Assessment (Wales) Act 2021 or otherwise) to be made available to any persons other than—

(a) the parents of the pupil concerned,

(b) the pupil concerned,

(d) the governing body of the school, or

(e) the local authority;

...

(6A) Regulations under this section shall not require information as is mentioned in subsection (6) to be made available—

(a) to a governing body except where relevant for the purposes of the performance of any of their functions;

(b) to a head teacher except where relevant for the purposes of the performance of any of the head teacher’s functions;

(7) Regulations under this section may authorise local authorities, governing bodies and head teachers to make a charge (not exceeding the cost of supply) for any documents supplied by them in pursuance of the regulations.

(8) In relation to any maintained school, the local authority and the governing body shall exercise their functions with a view to securing that the head teacher complies with any regulations made under this section.

(8A) In exercising their functions under subsection (1), the Welsh Ministers must have regard to the desirability of information being available to parents and others about whether, and if so how, any parts of the curriculum and any educational provision at maintained schools (other than maintained nursery schools) promote the purpose of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (see section 1 of that Act).

(9) In this section “maintained school” includes a maintained nursery school.

Complaints and enforcement

Complaints and enforcement: maintained schools in Wales.

409

(1) A local education authority in Wales shall, ... after consultation with governing bodies of foundation and voluntary aided schools in Wales, make arrangements for the consideration and disposal of any complaint to which subsection (2) applies.

(2) This subsection applies to any complaint which is to the effect that the authority, or the governing body of any community, foundation or voluntary school maintained by the authority , any maintained nursery school so maintained or any community or foundation special school so maintained which is not established in a hospital—

(a) have acted or are proposing to act unreasonably in relation to the exercise of a power conferred on them by or under a relevant enactment, or

(b) have acted or are proposing to act unreasonably in relation to the performance of, or have failed to discharge, a duty imposed on them by or under a relevant enactment.

(3) In subsection (2) “relevant enactment” means—

(a) any provision which by virtue of section 408(4) is a relevant provision of this Part for the purposes of section 408(1),

(aa) any provision which by virtue of section 408(4A) is a relevant provision of the Education Act 2002 for the purposes of section 408(1), and

(b) any other enactment (whether contained in this Part or the Curriculum and Assessment (Wales) Act 2021 or otherwise) so far as relating to the curriculum for, or religious worship in, maintained schools ....

(4) The Welsh Ministers shall not entertain under section 496 (power to prevent unreasonable exercise of functions) or 497 (powers where a local education authority or governing body fail to discharge their duties) Chapter 1 or 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in conduct of maintained schools and local authorities) any complaint to which subsection (2) applies, unless a complaint concerning the same matter has been made and disposed of in accordance with arrangements made under subsection (1).

Nursery education

Application of Part V in relation to nursery education.

410

Part VI — School admissions, attendance and charges

Chapter I — Admission, registration and withdrawal of pupils

Parental preferences

Parental preferences.

411

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

411A

Admission arrangements for county and voluntary schools

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

412

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

413

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

413A

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

413B

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

414

Admission numbers for county and voluntary schools

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

415

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

416

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417

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418

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419

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420

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421

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

421A

New county and voluntary schools

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

422

Admissions appeals relating to county and voluntary schools

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

423

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

423A

Nursery and special schools, etc.

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

424

Admission arrangements for grant-maintained schools

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

425

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425A

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425B

Admission numbers for grant-maintained schools

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

426

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426A

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427

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428

Admissions appeals relating to grant-maintained schools

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

429

Co-ordinated arrangements for admissions

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

430

Power to direct admission of child to school

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431

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432

Time for admission of pupils

Time for admission of pupils.

433

(1) Section 14 (which requires a local 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 authority shall comply with any general directions given by the authority as to the time of admission of children as pupils.

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

(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.

Registration of pupils

Registration of pupils.

434

(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

(i) the Secretary of State, and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) local 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.

Withdrawal of children from school: local authority involvement

434A

(1) A parent of a relevant child must obtain the consent of the relevant local authority to withdraw the child from school if the parent intends—

(a) that the child should cease to attend the school at which the child is a registered pupil, and

(b) to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school.

(2) A child is a “relevant child” for the purposes of this section if—

(a) the child is of compulsory school age,

(b) the child is a registered pupil at a school, and

(3) Condition A is that the child became a registered pupil under arrangements made by a local authority at—

(a) a special school within the meaning of section 337, or

(b) an independent school within the meaning of section 463 which—

(i) in the case of a school in England, is specially organised to make special educational provision for pupils with special educational needs;

(ii) in the case of a school in Wales, is wholly or mainly concerned with providing full-time education to persons for whom an individual development plan is maintained.

(4) Condition B is that a local authority is—

(a) conducting enquiries under section 47 of the Children Act 1989 (duty to investigate) in respect of the child, or

(b) taking action under section 47 (8) of that Act to safeguard or promote the child’s welfare, in a case where the enquiries mentioned in paragraph (a) have led the local authority to conclude that the child is suffering, or is likely to suffer, significant harm (within the meaning of section 31 (9) and (10) of that Act), or has taken such action during the period of five years ending with the date on which an application is made under subsection (6).

(5) Where the proprietor of a school is notified by a parent of a child who is a registered pupil at the school that the parent intends to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school, the proprietor must notify—

(a) the local authority responsible for the area in which the school is located, and

(b) the local authority responsible for the child, if different from the local authority mentioned in paragraph (a).

(6) If a parent of a relevant child applies to the relevant local authority for consent to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school, the authority—

(a) must decide without undue delay whether to grant consent, and

(b) must refuse consent if the local authority considers—

(i) that it would be in the child’s best interests to receive education by regular attendance at school, or

(ii) that no suitable arrangements have been made for the education of the child otherwise than at school,

but otherwise must grant consent.

(7) An application mentioned in subsection (6) may also be made by the proprietor of a school at which the relevant child is a registered pupil, on behalf of the child’s parent, and with the consent of the parent.

(8) The relevant local authority must serve notice of the decision under subsection (6) on—

(a) the parent who made the application, or on whose behalf the application was made,

(b) any other parent of the child, where contact details of that parent are known, unless exceptional circumstances apply, and

(9) Regulations under section 434—

(a) must provide that, where consent of the relevant local authority is required under subsection (1) in respect of a relevant child, the proprietor of a school must not allow the deletion from the school’s register of the name of that child unless the proprietor receives notice that the relevant local authority has granted consent under this section in respect of that child, and

(b) may make provision to require the proprietor of a school to arrange to take, or not to take, any other steps specified in the regulations in relation to the registration of a registered pupil at the school where a relevant local authority has granted or refused consent under subsection (6).

(10) If a parent is aggrieved by a decision of the relevant local authority to grant consent under subsection (6)—

(a) the parent may refer the question to—

(i) the Secretary of State, in relation to a local authority in England, and

(ii) the Welsh Ministers, in relation to a local authority in Wales, and

(b) the Secretary of State or the Welsh Ministers (as the case may be) may—

(i) uphold the decision of the local authority, or

(ii) refer the question back to the local authority to determine.

(11) If a parent is aggrieved by a decision of the relevant local authority to refuse consent under subsection (6)—

(a) the parent may refer the question to—

(i) the Secretary of State, in relation to a local authority in England, and

(ii) the Welsh Ministers, in relation to a local authority in Wales, and

(b) the Secretary of State or the Welsh Ministers (as the case may be) may—

(i) give such direction determining the question as the Secretary of State considers, or the Welsh Ministers consider, appropriate, or

(ii) refer the question back to the local authority to determine.

(12) If a subsequent application is made in relation to a relevant child in respect of whom the relevant local authority has previously refused consent under subsection (6), the authority is only required to make a new decision under subsection (6)(a) if a period of 6 months has elapsed since the date of the previous application.

(13) In this section, a “relevant local authority”, in relation to a relevant child, means—

(a) where the child is a relevant child as a result of condition A (but not condition B) being met in respect of the child, the local authority that made the arrangements mentioned in subsection (3);

(b) where the child is a relevant child as a result of condition B (but not condition A) being met in respect of the child, the local authority conducting enquiries or taking action as mentioned in subsection (4);

(c) where the child is a relevant child as a result of conditions A and B being met in respect of the child, the local authority conducting enquiries or taking action as mentioned in subsection (4).

Mandatory local authority meetings prior to withdrawal of child from school

434B

(1) The appropriate national authority must, by regulations made before the end of the relevant period, make a scheme (“a pilot scheme”) to provide—

(a) that the parent of a child must attend and participate in a meeting with the local authority responsible for the child if the parent intends—

(i) that the child should cease to attend the school at which the child is a registered pupil, and

(ii) to withdraw the child from school for the purpose of causing the child to receive education otherwise than at a school,

(b) that the local authority must ensure that the following matters are discussed with the parent during the meeting—

(i) the duty of parents under section 7 and how the parent plans to meet this duty;

(ii) the duties of the local authority, including the support duty under section 436G;

(iii) the parent’s reasons for considering that the child should receive education otherwise than at school;

(iv) any support needs that the child may have and how those needs could be met;

(v) the safeguarding and welfare of the child;

(vi) anything else relevant to the decision to withdraw the child from school,

(d) that a representative of the school at which the child is a registered pupil must attend the meeting if the parent consents to the representative’s attendance,

(e) that the proprietor of a school must not allow the deletion from the school’s register of the name of the child unless the proprietor receives notice from the local authority that the meeting has taken place in respect of the child, and

(f) that the local authority must record the outcome of the meeting or whether the meeting was refused.

(2) The “relevant period” is the period of two years beginning with the day on which section 37 of the Children’s Wellbeing and Schools Act 2026 comes fully into force.

(3) The regulations must also specify—

(a) the local authorities in respect of which the pilot scheme will operate, and

(b) the period for which the scheme has effect.

(4) The number of local authorities specified under subsection (3)(a) must not exceed 30 per cent of all local authorities in England or 30 per cent of all local authorities in Wales as the case may be.

(5) The period specified under subsection (3)(b) must not be less than two years and must not exceed five years.

(6) The regulations may provide for exemptions from the pilot scheme in respect of descriptions of children as specified in the regulations.

(7) The regulations may make provision for, or in connection with, any arrangements that the appropriate national authority considers are required to ensure that the pilot scheme can operate.

(8) The provision that may be made by virtue of subsection (7) includes—

(a) provision modifying or amending the pilot scheme for the purpose of ensuring that the scheme can operate in relation to children falling within section 434A;

(b) provision modifying or amending section 434A for the purpose of ensuring that the pilot scheme can operate in relation to children falling within that section.

(9) Subject to subsection (10), the appropriate national authority may by regulations—

(a) make provision to end the pilot scheme;

(b) provide that the provisions mentioned in paragraphs (a) to (f) of subsection (1) have effect, after the expiry of the pilot scheme, in relation to all local authorities, subject to any exemptions for descriptions of children as specified in the regulations;

(c) amend section 434A for the purpose of ensuring that the grant of local authority consent to withdraw a child from school under that section is conditional on the parent of that child attending and participating in a meeting with the local authority responsible for the child, as described in paragraphs (a) to (f) of subsection (1), subject to any exemptions for descriptions of children as specified in the regulations;

(d) make provision for, or in connection with, any arrangements that the appropriate national authority considers are required to ensure that any provision made under paragraphs (a) to (c) can operate.

(10) Regulations under subsection (9) may be made only after the pilot scheme has operated for a period of no less than two years.

(11) Before making any regulations under this section, the appropriate national authority must consult such persons as the appropriate national authority considers appropriate.

(12) In this section “appropriate national authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers.

(13) If a draft of a statutory instrument containing regulations made by the Secretary of State under this section would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

Withdrawal of pupils from primary school for secondary education

Withdrawal of pupils from a primary school for secondary education.

435

A local 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.

Supplementary

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

436

Chapter II — School attendance

Children not receiving suitable education

Duty to make arrangements to identify children not receiving education

436A

(1) A local authority must make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are of compulsory school age but—

(a) are not registered pupils at a school, and

(b) are not receiving suitable education otherwise than at a school.

(2) In exercising their functions under this section a local authority must have regard to any guidance given from time to time by the Secretary of State.

(3) In this Chapter, “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 (in the case of a local authority in England) or suitable to the child's age, ability and aptitude and to any additional learning needs the child may have (in the case of a local authority in Wales).

Children not in school

Duty to register children not in school

436B

(1) A local authority must maintain a register of children who are eligible to be registered by the authority under this section.

(2) A child is eligible to be registered by a local authority under this section if conditions A to C are met.

(3) Condition A is that the child lives in the authority’s area.

(4) Condition B is that the child is of compulsory school age.

(5) Condition C is that—

(a) the child is not a registered pupil or a student registered at a relevant school,

(b) the child is a registered pupil or a student registered at a relevant school but the proprietor of the school has arranged or agreed that—

(i) the child will receive education otherwise than at that or any other relevant school, and

(ii) the child will be absent for some or all of the time when a child receiving full-time education at a relevant school would normally be expected to attend, or

(c) the child is a student registered at a relevant school falling within subsection (7)(d) but attends that school on a part-time basis, and is not also a registered pupil or a student registered at a different relevant school.

(6) Regulations may make provision—

(a) for cases where a child is to be regarded as falling or not falling within subsection (5)(b) or (c);

(b) for cases where a child falling within subsection (5)(b) or (c) is not to be regarded as eligible for registration under this section.

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

(a) a school maintained by a local authority,

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

(d) an institution within the further education sector that provides secondary education suitable to the requirements of children who have attained the age of 14 years,

(e) an independent educational institution within the meaning of section 92 (1) of the Education and Skills Act 2008, that is registered under section 95 of that Act (register of independent educational institutions),

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