Part IE+W General

Chapter IIIE+W [F1local authorities]

General functionsE+W

13 General responsibility for education.E+W

(1)A [F2local 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, [F3and secondary education] [F4and, in the case of a [F2local 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—

[F5(a)the [F6the Secretary of State under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009] F7...

[F8(aa)the National Assembly for Wales under Part 2 of the Learning and Skills Act 2000, or]

(b)the higher education funding councils established under section 62 of the Further and Higher Education Act 1992.]

[F9(3)The reference in subsection (1) to further education is to further education for persons—

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

(b)who are aged 19 or over [F10and for whom an EHC plan is maintained].”

F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(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).]

[F1313ADuty to promote high standards and fulfilment of potentialE+W

(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 [F14and 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—

  (a)

  persons of compulsory school age (whether at school or otherwise);

  (b)

  persons (whether at school or otherwise) who are over compulsory school age and to whom subsection (1) applies;

  (c)

  persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;

• “relevant education function”, in relation to a local education authority in Wales, means a function relating to the provision of education for—

  (a)

  persons of compulsory school age (whether at school or otherwise);

  (b)

  persons (whether at school or otherwise) who are over compulsory school age but under the age of 20;

  (c)

  persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;

• “relevant training function” means a function relating to the provision of training.]

14 Functions in respect of provision of primary and secondary schools.E+W

(1)A [F2local authority] shall secure that sufficient schools for providing—

(a)primary education, and

(b)education that is secondary education by virtue of section 2(2)(a),

are available for their area.

(2)The schools available for an area shall not be regarded as sufficient for the purposes of subsection (1) unless they are sufficient in number, character and equipment to provide for all pupils the opportunity of appropriate education.

(3)In subsection (2) “appropriate education” means education which offers such variety of instruction and training as may be desirable in view of—

(a)the pupils’ different ages, abilities and aptitudes, and

(b)the different periods for which they may be expected to remain at school,

including practical instruction and training appropriate to their different needs.

[F15(3A)A [F2local authority] in England shall exercise their functions under this section with a view to—

(a)securing diversity in the provision of schools, and

(b)increasing opportunities for parental choice.]

(4)A [F2local authority] is not by virtue of subsection (1)(a) under any duty in respect of children under [F16compulsory school age].

[F17(4A)A [F2local authority] for an area in Wales may secure that regional schools for providing—

(a)primary education, and

(b)education that is secondary education by virtue of section 2(2)(a),

are available for Wales or any part of Wales that includes the area of the authority.

(4B)For this purpose a “regional school”, in relation to a [F2local authority], is a school maintained by that authority which provides education to meet both—

(a)the needs of pupils with particular special educational needs in their area, and

(b)the needs of such pupils in the rest, or any other part, of Wales,

whether or not the institution also provides education suitable to the requirements of other pupils.]

F18(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In exercising their functions under this section, a [F2local authority] shall in particular have regard to—

(a)the need for securing that primary and secondary education are provided in separate schools;

(b)the need for securing that special educational provision is made for pupils who have special educational needs; and

(c)the expediency of securing the provision of boarding accommodation (in boarding schools or otherwise) for pupils for whom education as boarders is considered by their parents and the authority to be desirable.

(7)The duty imposed by subsection (6)(a) does not apply in relation to middle schools or special schools.

[F1914ADuty of [F2local authority] to consider parental representationsE+W

(1)Where a [F2local authority] in England receive any representation from a parent of a qualifying child as to the exercise by the authority of their functions under section 14, the authority shall—

(a)consider the representation and what action (if any) to take in response to it, and

(b)within a reasonable time provide the parent with a statement setting out—

(i)any action which the authority propose to take in response to the representation, or

(ii)where the authority are of the opinion that no such action is necessary, their reasons for being of that opinion.

(2)In subsection (1) “qualifying child”, in relation to a [F2local authority], means any child in the authority's area who is of or under compulsory school age.

(3)Subsection (1) does not apply in relation to any representation which—

(a)appears to the [F2local authority] to be frivolous or vexatious, or

(b)is the same as, or similar to, a representation previously received by the authority from the same person.

(4)In exercising their functions under this section, a [F2local authority] must have regard to any guidance given from time to time by the Secretary of State.]

F2015 Functions in respect of provision of further education.E+W

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

[F2115ZADuty in respect of education and training for persons over compulsory school age: EnglandE+W

(1)A [F2local authority] in England must secure that enough suitable education and training is provided to meet the reasonable needs of—

(a)persons in their area who are over compulsory school age but under 19, and

(b)persons in their area who are aged 19 or over [F22and for whom an EHC plan is maintained].

(2)A [F2local authority] may comply with subsection (1) by securing the provision of education or training outside as well as within their area.

(3)In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a [F2local authority] must (in particular) have regard to—

(a)the persons' ages, abilities and aptitudes;

(b)any learning difficulties [F23or disabilities] the persons may have;

(c)the quality of the education or training;

(d)the locations and times at which the education or training is provided.

(4)In performing the duty imposed by subsection (1) a [F2local authority] must—

(a)act with a view to encouraging diversity in the education and training available to persons;

(b)act with a view to increasing opportunities for persons to exercise choice;

(c)act with a view to enabling persons to whom Part 1 of the Education and Skills Act 2008 applies to fulfil the duty imposed by section 2 of that Act;

(d)take account of education and training whose provision the authority think might reasonably be secured by other persons.

(5)A [F2local authority] must, in—

(a)making any determination as to the provision of apprenticeship training that should be secured under subsection (1), or

(b)securing the provision of any apprenticeship training under that subsection,

co-operate with [F24the Secretary of State].

(6)For the purposes of this section a person has a learning difficulty [F25or disability] if—

(a)the person has a significantly greater difficulty in learning than the majority of persons of the same age, or

(b)the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions providing education or training for persons who are over compulsory school age.

(7)But a person is not to be taken to have a learning difficulty [F26or disability] solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

(8)In this section—

• “apprenticeship training” means training provided in connection with—

  (a)

  an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009),

  (aa)

  [F27an approved English apprenticeship agreement (within the meaning given in section A1(3) of that Act),]

  (b)

  any other contract of employment, F28...

  (c)

  any other kind of working in relation to which alternative English completion conditions apply under section 1(5) of that Act (meaning of “completing an English apprenticeship”)[F29, or

  (d)

  an alternative English apprenticeship (within the meaning given in section A1(4) of that Act);]

• “education” includes full-time and part-time education;

• “training” includes—

  (a)

  full-time and part-time training;

  (b)

  vocational, social, physical and recreational training;

  (c)

  apprenticeship training.

[F30(9)The duty in subsection (1) does not apply in relation to persons in a local authority's area who are subject to a detention order.]

15ZBCo-operation in performance of section 15ZA dutyE+W

[F1Local authorities] in England must co-operate with each other in performing their duties under section 15ZA(1).]

[F3115ZCEncouragement of education and training for persons over compulsory school age: EnglandE+W

(1)A [F2local authority] in England must—

(a)encourage participation in education and training by persons in their area who are within section 15ZA(1)(a) or (b);

(b)encourage employers to participate in the provision of education and training for such persons.

(2)For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—

(a)an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009), F32...

[F33(aa)an approved English apprenticeship agreement (within the meaning given in section A1(3) of that Act), or]

(b)any other contract of employment in connection with which training is provided.

(3)In this section “education” and “training” have the same meanings as in section 15ZA.]

[F3415ZDSections 15ZA to 15ZC: duty to have regard to guidanceE+W

In performing the duties imposed by sections 15ZA(1), 15ZB and 15ZC(1)(b) (duties in relation to education and training for persons over compulsory school age), a local authority in England must have regard to any guidance issued by the Secretary of State.]

[F3615A [F35Powers in respect of education and training] for 16 to 18 year olds.E+W

(1)A [F2local authority] [F37in Wales] may secure the provision for their area of full-time [F38or 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.

[F39(1ZA)A [F2local authority] in England may secure the provision for their area of full-time or part-time education suitable to the requirements of persons from other areas who are over compulsory school age but have not attained the age of 19.]

[F40(1A)The power under [F41subsections (1) and (1ZA)] 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 organised 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).]

(2)Subsections (6) and (7) of section 14 shall apply in relation to functions under this section [in respect of secondary education] as they apply in relation to functions under that section.]

[F42(3)In exercising their functions under this section in respect of further education[F43—

(a)a local authority in England must in particular have regard to the needs of persons with learning difficulties or disabilities (within the meaning of section 15ZA(6) and (7));

(b)a local authority in Wales must in particular have regard to the needs of persons with learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000).]

(4)A [F2local authority] may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.]

[F4415B Functions in respect of education for persons over 19.E+W

(1)A [F2local 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 organised 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).

(3)In exercising their functions under this section[F45—

(a)a local authority in England must in particular have regard to the needs of persons with learning difficulties or disabilities (within the meaning of section 15ZA(6) and (7));

(b)a local authority in Wales must in particular have regard to the needs of persons with learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000).]

(4)A [F2local authority] may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.

(5)This section does not apply to higher education.]