Part VI School admissions, attendance and charges
Chapter II School attendance
F35Children not receiving suitable education
436ADuty to make arrangements to identify children not receiving education
1
A F39local 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 F39local 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 F82(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).
School attendance orders
C12C9437 School attendance orders.
1
If it appears to a F39local authority that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education.
2
That period shall not be less than 15 days beginning with the day on which the notice is served.
3
If—
a
a parent on whom a notice has been served under subsection (1) fails to satisfy the F39local authority, within the period specified in the notice, that the child is receiving suitable education, and
b
in the opinion of the authority it is expedient that the child should attend school,
the authority shall serve on the parent an order (referred to in this Act as a “school attendance order”), in such form as may be prescribed, requiring him to cause the child to become a registered pupil at a school named in the order.
4
A school attendance order shall (subject to any amendment made by the F39local authority) continue in force for so long as the child is of compulsory school age, unless—
a
it is revoked by the authority, or
b
a direction is made in respect of it under section 443(2) or 447(5).
5
6
7
Subsection (6) does not affect any power to exclude from a school a pupil who is already a registered pupil there.
8
438 Choice of school: child without F65EHC plan F85or statement of special educational needsF85, or an individual development plan which names a school.
1
This section applies where a F39local authority are required by virtue of section 437(3) to serve a school attendance order in respect of a child, other than a child for whom they maintain F66an EHC plan (in the case of a local authority in England) orF83a statement under section 324F83a child for whom an individual development plan is maintained in which a particular school is namedF67(in the case of a local authority in Wales).
2
Before serving the order, the authority shall serve on the parent a notice in writing—
a
informing him of their intention to serve the order,
b
specifying the school which the authority intend to name in the order and, if they think fit, one or more other schools which they regard as suitable alternatives, and
c
stating the effect of subsections (3) to (6).
3
If the notice specifies one or more alternative schools and the parent selects one of them within the period of 15 days beginning with the day on which the notice is served, the school selected by him shall be named in the order.
4
If—
F3a
within the period mentioned in subsection (3) the parent applies for the child to be admitted to a school maintained by a F39local authority and, where that authority are not the authority by whom the notice was served, notifies the latter authority of the application, and
b
the child is offered a place at the school as a result of the application,
that school shall be named in the order.
F45
If—
a
b
the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school,
that school shall be named in the order.
6
If, within the period mentioned in subsection (3)—
b
the child is offered a place at the school as a result of the application, and
c
the school is suitable to his age, ability and aptitude and F84to any special educational needs he may haveF84—
i
(in the case of a local authority in England) any special educational needs the child may have, or
ii
(in the case of a local authority in Wales) any additional learning needs the child may have,
that school shall be named in the order.
C1C2C3C7439 Specification of schools in notices under section 438(2).
1
Subject to subsection (3), a F39local authority shall not, if it appears to them that subsection (2) applies in relation to any school, specify the school in a notice under section 438(2) unless they are responsible for determining the arrangements for the admission of pupils to the school.
C62
This subsection applies where, if the child concerned were admitted to the school in accordance with a school attendance order resulting from the notice, the number of pupils at the school in the child’s age group would exceed the number F6F20determined in accordance with section 89 of the School Standards and Framework Act 1998 (determination of admission numbers)) as the number of pupils in that age group which it is intended to admit to the school in the school year in which he would be admitted.
3
Subsection (1) does not prevent a F39local authority specifying in a notice under section 438(2) any maintained F7. . . school if—
a
there is no maintained F7. . . school in their area which—
i
the authority are not (apart from this subsection) prevented by subsection (1) from specifying, and
ii
is, in the opinion of the authority, a reasonable distance from the home of the child concerned, and
b
in the opinion of the authority, the school in question is a reasonable distance from the home of the child concerned.
4
A F39local authority shall not specify in a notice under section 438(2) a school from which the child concerned is permanently excluded.
F84A
A F39local authority shall not specify a school in a notice under section 438(2) if the admission of the child concerned would result in prejudice of the kind referred to in section 86(3)(a) of the School Standards and Framework Act 1998 (parental preferences) by reason of measures required to be taken as mentioned in subsection (4) of that section.
5
Before deciding to specify a particular maintained F7. . . school in a notice under section 438(2) a F39local authority shall consult—
a
the governing body, and
b
if another F39local authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.
6
Where a F39local authority decide to specify a particular maintained F7. . .school in a notice under section 438(2) they shall, before serving the notice, serve notice in writing of their decision on—
a
the governing body and head teacher of the school, and
b
if another F39local authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.
7
A governing body or F39local authority on whom notice is served under subsection (6) may, within the period of 15 days beginning with the day on which the notice was received, apply to the Secretary of State for a direction under this section and, if they do so, shall inform the F39local authority which served the notice.
8
Where the Secretary of State gives a direction under this section, the school or schools to be specified in the notice under section 438(2) shall be determined in accordance with the direction.
440 Amendment of order at request of parent: child without F68EHC plan F88or statement of special educational needsF88, or an individual development plan which names a school.
1
This section applies where a school attendance order is in force in respect of a child, other than a child for whom the F39local authority maintain F69an EHC plan (in the case of a local authority in England) orF86a statement under section 324F86a child for whom an individual development plan is maintained in which a particular school is namedF70(in the case of a local authority in Wales).
2
If at any time—
a
b
the child is offered a place at the school as a result of the application, and
c
the parent requests the F39local authority by whom the order was served to amend it by substituting that school for the one currently named,
the authority shall comply with the request.
3
If at any time—
F10a
the parent applies to the authority for education to be provided for the child at a school which is not a school maintained by a F39local authority and which is different from the school named in the order,
b
the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school, and
c
the parent requests the authority to amend the order by substituting that school for the one currently named,
the authority shall comply with the request.
4
If at any time—
a
b
as a result of the application, the child is offered a place at the school, being a school which is suitable to his age, ability and aptitude and F87to any special educational needs he may haveF87—
i
(in the case of a local authority in England) any special educational needs the child may have, or
ii
(in the case of a local authority in Wales) any additional learning needs the child may have, and
c
the parent requests the authority to amend the order by substituting that school for the one currently named,
the authority shall comply with the request.
441 Choice of school: child with F72EHC plan F97or statement of special educational needs.
1
Subsections (2) and (3) apply where a F39local authorityF89in England are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom they maintain F75an EHC plan F90(in the case of a local authority in England) or a statement under section 324 F76(in the case of a local authority in Wales).
2
3
a
b
that school shall then be named in the order.
F133A
F94An amendment to a statement required to be made under subsection (3)(a) shall be treated for the purposes of Schedule 27 as if it were an amendment proposed following a periodic review (within the meaning of that Schedule).
F713B
An amendment to an EHC plan required to be made under subsection (3)(a) shall be treated as if it were an amendment made following a review under section 44 of the Children and Families Act 2014, and that section and regulations made under it apply accordingly.
4
Where—
a
the F39local authority shall amend the order accordingly.
441AF98Choice of school: child with individual development plan which names a school
1
Where a local authority in Wales are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom an individual development plan is maintained in which a particular school is named, that school must be named in the order.
2
Where—
a
a school attendance order is in force in respect of a child for whom an individual development plan is maintained in which a particular school is named, and
b
the name of the school specified in the plan is changed,
the local authority must amend the order accordingly.
3
Where—
a
a school attendance order is in force in respect of a child for whom no individual development plan is maintained in which a particular school is named, and
b
an individual development plan in which a particular school is named begins to be maintained for the child,
the local authority must amend the order accordingly.
442 Revocation of order at request of parent.
1
This section applies where a school attendance order is in force in respect of a child.
2
If at any time the parent applies to the F39local authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education otherwise than at school, the authority shall comply with the request, unless they are of the opinion that no satisfactory arrangements have been made for the education of the child otherwise than at school.
3
If a parent is aggrieved by a refusal of the F39local authority to comply with a request under subsection (2), he may refer the question to the Secretary of State.
4
Where a question is referred to the Secretary of State under subsection (3), he shall give such direction determining the question as he thinks fit.
5
Where the child in question is one for whom the authority maintain F80an EHC plan (in the case of a local authority in England)F99or a statement under section 324 (in the case of a local authority in Wales)—
a
b
in any other case a direction under subsection (4) may require the authority to make such amendments in the plan F101or the statement as the Secretary of State considers necessary or expedient in consequence of his determination.
F1026
Where, in the case of a local authority in Wales, the child in question is one for whom an individual development plan is maintained by the authority or by another local authority—
a
subsections (2) to (4) do not apply if a school or other institution is named in the individual development plan, and
b
in any other case a direction under subsection (4) may require the authority maintaining the individual development plan to make such amendments to the plan as is considered necessary or expedient in consequence of the determination.
School attendance: offences and education supervision orders
C10C13443 Offence: failure to comply with school attendance order.
1
If a parent on whom a school attendance order is served fails to comply with the requirements of the order, he is guilty of an offence, unless he proves that he is causing the child to receive suitable education otherwise than at school.
2
If, in proceedings for an offence under this section, the parent is acquitted, the court may direct that the school attendance order shall cease to be in force.
3
A direction under subsection (2) does not affect the duty of the F39local authority to take further action under section 437 if at any time the authority are of the opinion that, having regard to any change of circumstances, it is expedient to do so.
4
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
444 Offence: failure to secure regular attendance at school of registered pupil.
C11C141
If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence.
C11C14F141A
If in the circumstances mentioned in subsection (1) the parent knows that his child is failing to attend regularly at the school and fails F22... to cause him to do so, he is guilty of an offence.
F231B
It is a defence for a person charged with an offence under subsection (1A) to prove that he had a reasonable justification for his failure to cause the child to attend regularly at the school.
2
Subsections F24(2A) to (6) below apply in proceedings for an offence under this section in respect of a child who is not a boarder at the school at which he is a registered pupil.
F252A
The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school at any time if the parent proves that at that time the child was prevented from attending by reason of sickness or any unavoidable cause.
3
The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school—
a
with leave, F26 or
F27b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
on any day exclusively set apart for religious observance by the religious body to which his parent belongs.
F313A
Subsections (3B) and (3D) apply where the child's home is in England.
3B
The child shall not be taken to have failed to attend regularly at the school if the parent proves that—
a
the F39local authority have a duty to make travel arrangements in relation to the child under section 508B(1) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty, or
b
the F39local authority have a duty to make travel arrangements in relation to the child by virtue of subsection (2)(c) of section 508E (school travel schemes) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty.
3C
For the purposes of subsection (3B)—
a
the reference to “travel arrangements” in paragraph (a) has the same meaning as in section 508B, and
b
the reference to “travel arrangements” in paragraph (b) has the same meaning as in paragraph 3 of Schedule 35C.
3D
Where the school is an independent school which is not a qualifying school, the child shall not be taken to have failed to attend regularly at the school if the parent proves—
a
that the school is not within walking distance of the child's home,
b
that no suitable arrangements have been made by the F39local authority for boarding accommodation for him at or near the school, and
c
that no suitable arrangements have been made by the F39local authority for enabling him to become a registered pupil at a qualifying school nearer to his home.
3E
For the purposes of subsection (3D), “qualifying school” has the same meaning as it has for the purposes of Schedule 35B (meaning of “eligible child” for the purposes of section 508B).
3F
Subsection (4) applies where the child's home is in Wales.
F374
The child is not to be taken to have failed to attend regularly at the school if the parent proves that the local authority have failed to discharge—
a
a duty to make transport arrangements in relation to the child under section 3 of the Learner Travel (Wales) Measure 2008, or
b
a duty to make travel arrangements in relation to the child under section 4 of that Measure.
5
In F38subsection (3D) “walking distance”—
a
in relation to a child who is under the age of eight, means 3.218688 kilometres (two miles), and
b
in relation to a child who has attained the age of eight, means 4.828032 kilometres (three miles),
in each case measured by the nearest available route.
6
If it is proved that the child has no fixed abode, F32subsections (3B), (3D) and (4) shall not apply, but F28it is a defence for the parent to prove —
a
that he is engaged in a trade or business of such a nature as to require him to travel from place to place,
b
that the child has attended at a school as a registered pupil as regularly as the nature of that trade or business permits, and
c
if the child has attained the age of six, that he has made at least 200 attendances during the period of 12 months ending with the date on which the proceedings were instituted.
7
In proceedings for an offence under this section in respect of a child who is a boarder at the school at which he is a registered pupil, the child shall be taken to have failed to attend regularly at the school if he is absent from it without leave during any part of the school term F29unless the parent proves that at that time the child was prevented from being present by reason of sickness or any unavoidable cause.
F337A
Where—
a
a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a school in England which is—
i
a maintained school,
ii
a pupil referral unit,
F46iii
an Academy school,
iiia
an alternative provision Academy,
iv
a city technology college, or
v
a city college for the technology of the arts,
b
he remains for the time being a registered pupil at the school,
c
the appropriate authority make arrangements for the provision of full-time education for him at the school during the period of exclusion, and
d
notice in writing of the arrangements has been given to the child's parent,
the exclusion does not affect the application of subsections (1) to (7) to the child's attendance at the school on any day to which the arrangements relate.
7B
In subsection (7A)(c) “the appropriate authority” means—
a
in relation to a maintained school, the governing body of the school,
b
in relation to a pupil referral unit, the F39local authority, and
c
in relation to any school mentioned in subsection (7A)(a)(iii) to (v), the proprietor of the school.
8
A person guilty of an offence under F15subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
F168A
A person guilty of an offence under subsection (1A) is liable on summary conviction—
a
to a fine not exceeding level 4 on the standard scale, or
b
to imprisonment for a term not exceeding three months,
or both.
8B
If, on the trial of an offence under subsection (1A), the court finds the defendant not guilty of that offence but is satisfied that he is guilty of an offence under subsection (1), the court may find him guilty of that offence.
9
In this section “leave”, in relation to a school, means leave granted by any person authorised to do so by the governing body or proprietor of the school.
444ZAF21Application of section 444 to alternative educational provision
1
Where, in the case of a child of compulsory school age who is not a registered pupil at any school—
a
a F39local authority has made arrangements under section 19 for the provision of education for him otherwise than at a school or at his home, and
b
notice in writing of the arrangements has been given to the child's parent,
subsections (1) to (7) of section 444 have effect as if the place at which the education is provided were a school and the child were a registered pupil at that school.
F481A
Where—
a
a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a relevant school in England,
b
the child remains for the time being a registered pupil at the school,
c
the appropriate authority for the school has made arrangements under section 19 above or section 100 of the Education and Inspections Act 2006 for the provision of full-time education for the child otherwise than at the school or at the child's home during the period of exclusion, and
d
notice in writing of the arrangements has been given to the child's parent,
subsections (1) to (7) of section 444 have effect during that period as if the child were not a registered pupil at the school and as if the place at which the education is provided were a school and the child were a registered pupil at that school (so far as that would not otherwise be the case).
1B
Where—
a
a child of compulsory school age who is a registered pupil at a relevant school in England is required by the appropriate authority for the school to attend at a place outside the school premises for the purpose of receiving any educational provision, and
b
notice in writing of the requirement has been given to the child's parent,
subsections (1) to (7) of section 444 have effect as if the place at which the child is required to attend were a school and the child were a registered pupil at that school (in addition to being a registered pupil at the school mentioned in paragraph (a)).
1C
Subsection (1B) does not apply if—
a
the place at which the child is required to attend is another relevant school (whether in England or elsewhere), and
b
the child is a registered pupil at that other school.
1D
In relation to a maintained school or a pupil referral unit—
a
references in subsection (1A) to exclusion are references to exclusion under F57section 51A of the Education Act 2002, and
b
the requirement referred to in subsection (1B) is a requirement imposed under section 29(3) or 29A(1) of that Act.
2
Where—
a
a child of compulsory school age has been excluded from a relevant school F50in Wales,
b
he remains for the time being a registered pupil at the school,
c
he is required by the appropriate authority for the school to attend at a place outside the school premises for the purpose of receiving any instruction or training, and
d
notice in writing of the requirement has been given to the child's parent,
subsections (1) to (7) of section 444 have effect as if the place at which the child is required to attend were a school and the child were a registered pupil at that school (and not at the school mentioned in paragraph (b)).
3
In relation to a maintained school or a pupil referral unit—
a
the reference in subsection (2)(a) to exclusion is a reference to exclusion under section 52 of the Education Act 2002, and
b
the requirement referred to in subsection (2)(c) is a requirement imposed under section 29(3) of that Act.
4
A child shall not be taken to have failed to attend regularly—
a
in a case falling within subsection (1) F52or (1A), at the place at which education is provided for him, or
b
in a case falling within subsection F53(1B) or (2), at the place at which he is required to attend,
unless he has failed to attend regularly since the giving of the notice mentioned in subsection (1)(b)F51, (1A)(d), (1B)(b) or (2)(d).
5
Section 572, which provides for the methods by which notices may be served under this Act, does not preclude the notice mentioned in subsection (1)(b)F54, (1A)(d), (1B)(b) or (2)(d) from being given to a child's parent by any other effective method.
6
In proceedings for an offence under section 444 in a case falling within subsection (1) F49or (1A) of this section, F30it is a defence for the parent to prove that the child is receiving suitable education otherwise than by regular attendance at a school or at the place mentioned in subsection (1) F49or (1A).
7
In section 444 “leave”—
a
in relation to a place at which education is provided as mentioned in subsection (1) of this section, means leave granted by any person authorised to do so by the F39local authority;
F55aa
in relation to a place at which education is provided as mentioned in subsection F56(1B)(a) or (1A) of this section, means leave granted by any person authorised to do so by the appropriate authority for the school;
b
in relation to a place at which a child is required to attend as mentioned in subsection F56(1B)(a) or (2)(c) of this section, means leave granted by any person authorised to do so by the appropriate authority for the school.
8
In this section—
a
“relevant school” means—
i
a maintained school,
ii
a pupil referral unit,
F44iii
an Academy school,
iiia
an alternative provision Academy,
iv
a city technology college, or
v
a city college for the technology of the arts;
444AC4F18Penalty notice in respect of failure to secure regular attendance at school of registered pupil
1
Where an authorised officer has reason to believe—
a
that a person has committed an offence under section 444(1), and
F19b
that the offence relates—
i
to a relevant school F59...
ii
F58iii
in a case falling within subsection (1A) of that section, to a place at which education is provided for a child in the circumstances mentioned in that subsection, or
iv
in a case falling within subsection (1B) of that section, to a place at which a child is required to attend in the circumstances mentioned in that subsection,
he may give the person a penalty notice in respect of the offence.
2
A penalty notice is a notice offering a person the opportunity of discharging any liability to conviction for the offence under section 444(1) to which the notice relates by payment of a penalty in accordance with the notice.
3
Where a person is given a penalty notice, proceedings for the offence to which the notice relates (or an offence under section 444(1A) arising out of the same circumstances) may not be instituted before the end of such period as may be prescribed.
4
Where a person is given a penalty notice, he cannot be convicted of the offence to which the notice relates (or an offence under section 444(1A) arising out of the same circumstances) if he pays a penalty in accordance with the notice.
5
F346
Sums received by a F39local authority under this section may be used by the authority for the purposes of any of its functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.
444BC5Penalty notices: supplemental
1
Regulations may make—
a
provision as to the form and content of penalty notices,
b
provision as to the monetary amount of any penalty and the time by which it is to be paid,
c
provision for determining the F39local authority to which a penalty is payable,
d
provision as to the methods by which penalties may be paid,
e
provision as to the records which are to be kept in relation to penalty notices,
f
provision as to the persons who may be authorised by a F39local authority or a head teacher to give penalty notices,
g
provision limiting the circumstances in which authorised officers of a prescribed description may give penalty notices,
h
provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—
i
repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and
ii
prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates (and any offence under section 444(1A) arising out of the same circumstances),
i
provision for a certificate—
i
purporting to be signed by or on behalf of a prescribed person, and
ii
stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,
to be received in evidence of the matters so stated,
j
provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice,
k
provision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices,
l
such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient.
2
Without prejudice to the generality of subsection (1) or section 569(4), regulations under subsection (1)(b) may make provision for penalties of different amounts to be payable in different cases or circumstances (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).
3
F40Local authorities, head teachers and authorised officers shall, in carrying out their functions in relation to penalty notices, have regard to any guidance which is published by the Secretary of State from time to time in relation to penalty notices.
4
In this section and section 444A—
“authorised officer” means—
“authorised staff member” means—
“penalty” means a penalty under a penalty notice,
“penalty notice” has the meaning given by section 444A(2),
“relevant school” means—
- a
a maintained school,
- b
a pupil referral unit,
- c
F47an Academy school,
- ca
an alternative provision Academy,
- d
a city technology college, or
- e
a city college for the technology of the arts.
- a
445 Presumption of age.
1
This section applies for the purposes of any proceedings for an offence under section 443 or 444.
2
In so far as it is material, the child in question shall be presumed to have been of compulsory school age at any time unless the parent proves the contrary.
3
Where a court is obliged by virtue of subsection (2) to presume a child to have been of compulsory school age, section 565(1) (provisions as to evidence) does not apply.
446 Institution of proceedings.
Proceedings for an offence under section 443 or 444 shall not be instituted except by a F39local authority.
447 Education supervision orders.
1
Before instituting proceedings for an offence under section 443 or 444, a F39local authority shall consider whether it would be appropriate (instead of or as well as instituting the proceedings) to apply for an education supervision order with respect to the child.
C82
The court—
a
by which a person is convicted of an offence under section 443, or
b
before which a person is charged with an offence under section 444,
F412A
A local authority may not make a decision as mentioned in subsection (2) unless—
a
they are the appropriate local authority, or
b
they have consulted that authority.
C83
4
Unless the court has directed otherwise, the information required under subsection (3) shall be given to the court before the end of the period of eight weeks beginning with the date on which the direction was given.
5
Where—
a
a F39local authority apply for an education supervision order with respect to a child who is the subject of a school attendance order, and
b
the court decides that section 36(3) of the M1Children Act 1989 (education supervision orders) prevents it from making the order,
the court may direct that the school attendance order shall cease to be in force.
6
In this section—
“the appropriate local authority” has the same meaning as in section 36(9) of the M2Children Act 1989, and
“education supervision order” means an education supervision order under that Act.
S. 436A and cross-heading inserted (27.2.2007 for E., 1.9.2009 for W.) by Education and Inspections Act 2006 (c. 40), ss. 4(1), 188(3); S.I. 2006/3400, art. 6(a); S.I. 2009/1027, art. 3(a)