Education Act 1944 (repealed 1.11.1996)

Part IIE+W THE STATUTORY SYSTEM OF EDUCATION

Local AdministrationE+W

6 Local education authorities.E+W

(1)Subject to the provisions of Part I of the First Schedule to this Act, the local education authority for each county shall be the council of the county, and the local education authority for each county borough shall be the council of the county borough.

(2)The local administration of the statutory system of public education shall be conducted in accordance with the provisions of Parts II . . . F1 of the said Schedule.

(3)All property which immediately before the date of the commencement of this Part of this Act was held by the council of any county district solely or mainly for the purposes of any functions exercisable by them under the Education Acts 1921 to 1939, and all rights and liabilities, whether vested or contingent, to which any such council were entitled or subject immediately before the said date by reason of the exercise of such functions shall, save as may be otherwise directed by the Minister under the powers conferred on him by this Act, be transferred by virtue of this section to the local education authority for the county in which the county district is situated.

(4)All officers who immediately before the said date were employed by the council of any county district solely or mainly for the purposes of any such functions as aforesaid shall by virtue of this section be transferred to and become officers of the local education authority for the county in which the county district is situated, and shall be employed by that authority upon the terms and conditions upon which they were employed by the council of the county district immediately before that date.

The Three Stages of the SystemE+W

7 Stages and purposes of statutory system of education. E+W

The statutory system of public education shall be organised in three progressive stages to be known as primary education, secondary education, and further education; and it shall be the duty of the local education authority for every area, so far as their powers extend, to contribute towards the spiritual, moral, mental, and physical development of the community by securing that efficient education throughout those stages shall be available to meet the needs of the population of their area.

Primary and Secondary EducationE+W

Provision and Maintenance of Primary and Secondary SchoolsE+W

8 Duty of local education authorities to secure provision of primary and secondary schools. E+W

(1)It shall be the duty of every local education authority to secure that there shall be available for their area sufficient schools—

(a)for providing [F2primary education, that is to say, full-time education suitable to the requirements of junior pupils who have not attained the age of ten years and six months, and full-time education suitable to the requirements of junior pupils who have attained that age and whom it is expedient to educate together with junior pupils who have not attained that age]; and

(b)for providing secondary education, that is to say, full-time education suitable to the requirements of senior pupils, . . . F3[F4and full-time education suitable to the requirements of junior pupils who have attained the age of ten years and six months and whom it is expedient to educate together with senior pupils];

and the schools available for an area shall not be deemed to be sufficient unless they are sufficient in number, character, and equipment to afford for all pupils opportunities for education offering such variety of instruction and training as may be desirable in view of their different ages, abilities, and aptitudes, and of the different periods for which they may be expected to remain at school, including practical instruction and training appropriate to their respective needs.

(2)In fulfilling their duties under this section, a local education authority shall, in particular, have regard—

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

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

[F6(c)to the need for securing that special educational provision is made for pupils who have special educational needs; and]

(d)to the expediency of securing the provision of boarding accomodation, either in boarding schools or otherwise, for pupils for whom education as boarders is considered by their parents and by the authority to be desirable:

Provided that paragraph (a) of this subsection shall not have effect with respect to special schools.

[F7(3)In fulfilling their duty under subsection (1)(b) above a local education authority shall have regard to any facilities for full-time education-

(a)provided for senior pupils by any educational institution maintained or assisted by the authority in exercise of their functions under section 41 of this Act; or

(b)otherwise secured for such pupils by the authority in exercise of those functions.]

9 County schools, voluntary schools, nursery schools, and special schools.E+W

(1)For the purpose of fulfilling their duties under this Act, a local education authority shall have power to establish primary and secondary schools, to maintain such schools whether established by them or otherwise, and . . . F8 to assist any such school which is not maintained by them.

(2)Primary and secondary schools maintained by a local education authority, not being nursery schools or special schools, shall, if established by a local education authority or by a former authority, be known as county schools and, if established otherwise than by such an authority, be known as voluntary schools:

(3)Subject to the provisions hereinafter contained as to the discontinuance of voluntary schools, every school which immediately before the commencement of this Part of this Act was, within the meaning of the enactments repealed by this Act, a public elementary school provided otherwise than by a former authority shall, if it was then maintained by a former authority, be maintained as a voluntary school by the local education authority for the area in which the school is situated.

(4)Primary schools which are used mainly for the purpose of providing education for children who have attained the age of two years but have not attained the age of five years shall be known as nursery schools.

[F9(5)Schools which are specially organised to make special educational provision for pupils with special educational needs and which are for the time being approved by the Secretary of State as special schools shall be known as special schools.]

(6)The powers conferred by subsection (1) of this section on local education authorities shall be construed as including power to establish maintain and assist schools outside as well as inside their areas.

10 Requirements as to school premises.E+W

(1)The [F10Secretary of State for Education and Science] shall make regulations prescribing the standards to which the premises of schools maintained by local education authorities [F11and of grant-maintained schools] are to conform, and such regulations may prescribe different standards for such descriptions of schools as may be specified in the regulations.

(2)Subject as hereinafter provided, it shall be the duty of a local education authority to secure that the premises of every school maintained by them [F12or, in the case of a grant-maintained school, the duty of the governing body of the school to secure that the premises of the school] conform to the standards prescribed for schools of the description to which the school belongs:

(a)that having regard to the nature of the existing site or to any existing buildings thereon or to other special circumstances affecting the school premises it would be unreasonable to require conformity with a requirement of the regulations as to any matter, or

(b)where the school is to have an additional or new site that, having regard to shortage of suitable sites it would be unreasonable to require conformity with a requirement of the regulations relating to sites, or

(c)where the school is to have additional buildings or is to be transferred to a new site, and existing buildings not theretofore part of the school premises, or temporary buildings, are to be used for that purpose, that [F14having regard to the need to control public expenditure in the interests of the national economy] it would be unreasonable to require conformity with a requirement of the regulations relating to buildings,

he may give a direction that, notwithstanding that that requirement is not satisfied, the school premises shall, whilst the direction remains in force, be deemed to conform to the prescribed standards as respects matters with which the direction deals if such conditions, if any, as may be specified in the direction as respects those matters are observed.]

11, 12. F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

13 F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

14 Restrictions on discontinuance of voluntary schools by managers and governors. E+W

(1)Subject to the provisions of this section, the . . . F17 governors of a voluntary school shall not discontinue the school except after serving on the [F18Secretary of State for Education and Science] and on the local education authority by whom the school is maintained not less than two years’ notice of their intention to do so:

If the [F18Secretary of State for Education and Science] grants such leave, he may impose such requirements as he thinks just—

(a)in regard to the repayment of the whole or any part of the amount of the expenditure so incurred by the [F18Secretary of State for Education and Science];

(b)where the [F18Secretary of State for Education and Science] is satisfied that the local education authority will require for any purpose connected with education, any premises which are for the time being used for the purposes of the school in regard to the conveyance of those premises to the authority;

(c)in regard to the payment by the local education authority of such part of the value of any premises so conveyed as is just having regard to the extent to which those premises were provided otherwise than at the expense of the authority of a former authority;

(d)where any premises for the time being used for the purposes of the school are not to be so conveyed in regard to the payment to the authority by the . . . F17 governors of the school of such part of the value of those premises as is just having regard to the extent to which they were provided at the expense of the authority or a former authority.]

(2)No such notice as aforesaid shall be withdrawn except with the consent of the local education authority.

(3)If, while any such notice as aforesaid is in force with respect to a voluntary school, the . . . F17 governors of the school inform the local education authority that they are unable or unwilling to carry on the school until the expiration of the notice, the authority may conduct the school during the whole or any part of the unexpired period of the notice as if it were a county school, and shall be entitled to the use of the school premises, free of charge, for that purpose.

(4)While any school is being conducted by a local education authority as a county school under the last foregoing subsection, the authority shall keep the school premises in good repair, and, for all purposes relating to the condition of the school premises, the occupation and use thereof, and the making of alterations thereto, any interest in the said premises which is held for the purposes of the school shall be deemed to be vested in the authority:

(5)Where any school is discontinued in accordance with the provisions of this section, the duty of the local education authority to maintain the school as a voluntary school shall be extinguished.

15 Classification of voluntary schools as controlled schools, aided schools, or special agreement schools.E+W

(1)Voluntary schools shall be of three categories, that is to say, controlled schools, aided schools, and special agreement schools, and in schools of those several categories the management of the school, the secular instruction and religious education, and the appointment and dismissal of teachers, shall be regulated in accordance with the provisions hereinafter contained relating to those matters in controlled schools aided schools and special agreement schools respectively.

(2)Upon application being duly made to him with respect to any voluntary school, the [F20Secretary of State for Education and Science] may by order direct that the school shall be a controlled school an aided school or a special agreement school, and where he is satisfied that the . . . F21 or governors of the school will be able and willing, with the assistance of the maintenance contribution payable by the [F20Secretary of State for Education and Science] under this Act, to defray the expenses which would fall to be borne by them under paragraph (a) of the next following subsection, the order shall direct that the school shall be an aided school, or, in the case of a school with respect to which a special agreement has been made under the Third Schedule to this Act, a special agreement school:

(3)The . . . F21 governors of a controlled school shall not be responsible for any of the expenses of maintaining the school, but the following provisions shall have effect with respect to the maintenance of aided schools and special agreement schools:

(a)the following expenses shall be payable by the . . . F21 governors of the school, that is to say, the expenses of discharging any liability incurred by them or on their behalf or by or on behalf of any former . . . F21 governors of the school or any trustees thereof [F24in connection with the provision of premises or equipment for the purposes of the school]; any expenses incurred in effecting such alterations to the school buildings as may be required by the local education authority for the purpose of securing that the school premises should conform to the prescribed standards, and any expenses incurred in effecting repairs to the [F24school buildings] not being repairs which are excluded from their responsibility by the following paragraph:

[F25(b)the . . . F21 governors of the school shall not be responsible for repairs to the interior of the school buildings, or for repairs to those buildings necessary in consequence of the use of the school premises, in pursuance of any direction or requirement of the authority, for purposes other than those of the school.]

(4)If at any time the . . . F21 governors of an aided school or a special agreement school are unable or unwilling to carry out their obligations under paragraph (a) of the last foregoing subsection, it shall be their duty to apply to the [F20Secretary of State for Education and Science] for an order revoking the order by virtue of which the school is an aided school or a special agreement school, and upon such an application being made to him the [F20Secretrary of State for Education and Science] shall revoke the order.

(5)If at any time the [F20Secretary of State for Education and Science] is satisfied that the grant made in respect of a special agreement school in pursuance of the special agreement made with respect to the school under this Act has been repaid to the local education authority by which the school is maintained, the [F20Secretary of State for Education and Science] shall, upon application being made to him for that purpose by the . . . F21 governors of the school, by order revoke the order by virtue of which the school is a special agreement school and, if satisfied that the . . . F21 governors of the school will be able and willing, with the assistance of the maintenance contribution payable by the [F20Secretary of State for Education and Science] under this Act, to defray the expenses which would fall to be borne by them under paragraph (a) of subsection (3) of this section, shall by order direct that the school shall be an aided school.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

16 Transfer of county and voluntary schools to new sites, and substitution of new voluntary schools for old ones.E+W

(1)Where the [F27Secretary of State for Education and Science] is satisfied that it is expedient that any county school or any voluntary school should be transferred to a new site either because it is not reasonably practicable to make to the existing premises of the school the alterations necessary for securing that they should conform to the prescribed standards, or in consequence of any movement of population or of any action taken or proposed to be taken under the enactments relating to housing or to town and country planning, the [F27Secretary of State for Education and Science] may by order authorise the transfer of the school to the new site; [F28and a voluntary school shall not be transferred to a new site without the authority of an order under this subsection].

(2)Where in connection with any proposals submitted to the [F27Secretary of State for Education and Science] under [F29section 13 of the Education Act 1980] it is claimed that any school or schools thereby proposed to be established should be maintained by the local education authority as a voluntary school in substitution for another school at the time being maintained by a local education authority as a voluntary school or for two or more such schools which is or are to be discontinued, then, if the [F27Secretary of State for Education and Science] is satisfied that the school or schools proposed to be established will be so maintained, he may, if he approves the proposals with or without modifications, by order direct that the school or schools proposed to be established shall be established in substitution for the school or schools to be discontinued, and where such an order is made, the provisions of this Act relating to the discontinuance of voluntary schools shall not apply with respect to the discontinuance of the school or schools to be discontinued.

(3)Before making any order under this section, the [F27Secretary of State for Education and Science] shall consult any local education authority which will, in his opinion, be affected by the making of the order, and the . . . F30 governors of any voluntary school which in his opinion will be so affected; and any such order may impose such conditions on any such local education authority or . . . F30 governors and may contain such incidental and consequential provisions as the [F27Secretary of State for Education and Science] thinks fit.

Management of Primary Schools and Government of Secondary SchoolsE+W

17—21. F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

22 Powers of local education authority as to use and care of premises of voluntary schools.E+W

(1)The . . . F32 governors of a controlled school shall be entitled to determine the use to which the school premises or any part thereof shall be put on Saturdays, except when required to be used on Saturdays for the purposes of the school or for any purpose connected with education or with the welfare of the young for which the local education authority desire to provide accommodation on the premises or on that part thereof, and the . . . F32 foundation governors shall be entitled to determine the use to which the school premises or any part thereof shall be put on Sundays, but save as aforesaid the local education authority may give such directions as to the occupation and use of the school premises of a controlled school as they think fit.

(2)If the local education authority desire to provide accommodation for any purpose connected with education or with the welfare of the young and are satisfied that there is no suitable alternative accommodation in their area for that purpose, they may direct the . . . F32 governors of any aided school or special agreement school to provide free of charge accommodation for that purpose on the school premises or any part thereof on any week-day when not required for the purposes of the school, so, however, that the . . . F32 governors shall not be directed to provide such accommodation on more than three days in any week.

(3)Subject to any directions given by a local education authority under the foregoing provisions of this section and to the requirements of any enactment other than this Act or the regulations made thereunder, the occupation and use of the school premises of any voluntary school shall be under the control of the . . . F32 governors thereof.

[F33(4)The local education authority may give directions to the governors of any aided school as to the number and conditions of service of persons employed at the school for the purposes of the care and maintenance of the school premises.]

(5)In relation to any school with respect to which the trust deed provides for any person other than the . . . F32 governors of the school being entitled to control the occupation and use of the school premises, this section shall have effect as if for the references to the . . . F32 governors there were substituted references to that person.

Secular Instruction and Appointment and Dismissal of Teachers in County and Voluntary Schools.E+W

23 F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

24 Appointment and dismissal of teachers in county schools and in voluntary schools. E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

(2)In every aided school the respective functions of the local education authority and of the . . . F36 governors of the school with respect to the appointment of teachers, and, subject to the provisions hereinafter contained as to religious education, with respect to the dismissal of teachers, shall be regulated by the . . . F36 or articles of government for the school:

(a)shall make provision for the appointment of the teachers by the . . . F36 governors of the school, for enabling the local education authority to determine the number of teachers to be employed, and for enabling the authority, except for reasons for which the . . . F36 governors are expressly empowered by this Act to dismiss teachers without such consent, to prohibit the dismissal of teachers without the consent of the authority and to require the dismissal of any teacher; and

(b)may make such provision as may be agreed between the local education authority and the . . . F36 governors of the school, or in default of such agreement as may be determined by the [F37Secretary of State for Education and Science], for enabling the authority to prohibit the appointment, without the consent of the authority, of teachers to be employed for giving secular instruction, and for enabling the authority to give directions as to the educational qualifications of the teachers to be so employed.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

Religious Education in County and Voluntary SchoolsE+W

25 F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F4026 Special provisions as to religious education in county schools.E+W

(1)In the case of a county school the provision for religious education for pupils at the school which is required by section 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum shall be provision for religious education in accordance with an agreed syllabus adopted for the school or for those pupils.

(2)No such syllabus shall provide for religious education to be given to pupils at such a school by means of any catechism or formularly which is distinctive of any particular religous denomination; but this provision is not to be taken as prohibiting provision in such a syllabus for the study of such catechisms or formularies.

(3)Subsection (4) below applies where a county secondary school is so situated that arrangements cannot conveniently be made for the withdrawal of pupils from the school in accordance with section 9 of that Act to receive religious education elsewhere.

(4)If in any such case the local education authority are satisfied—

(a)that the parents of pupils in attendance at the school desire them to receive religious education in the school in accordance with the tenets of a particular religious denomination; and

(b)that satisfactory arrangements have been made for the provision of such education to those pupils in the school, and for securing that the cost of providing such education to those pupils in the school will not fall upon the authority;

the authority shall, unless they are satisfied that owing to any special circumstances it would be unreasonable to do so, provide facilities for the carrying out of those arrangements.]

27 Special provisions as to religious education in controlled schools.E+W

(1)Where the parents of any pupils in attendance at a controlled school request that they may receive religious [F41education] in accordance with the provisions of the trust deed relating to the school, or where provision for that purpose is not made by such a deed in accordance with the practice observed in the school before it became a controlled school, the foundation . . . F42 foundation governors shall, unless they are satisfied that owing to special circumstances it would be unreasonable so to do, make arrangements for securing that such religious [F41education] is given to those pupils at the school during not more than two periods in each week.

(2)Without prejudice to the duty to make such arrangements as aforesaid whatever the number of the teaching staff of the school, where the number of the teaching staff of a controlled school exceeds two the teaching staff shall include persons (hereinafter referred to as “reserved teachers”) selected for their fitness and competence to give such religious [F41education] as is required to be given under such arrangements and specifically appointed to do so:

(3)The head teacher of a controlled school shall not, while holding that position, be a reserved teacher . . . F43.

(4)Where the local education authority propose to appoint any person to be a reserved teacher in a controlled school, the authority shall consult the foundation . . . F42 foundation governors of the school, and, unless the said . . . F42 governors are satisfied as to that person’s fitness and competence to give such religious [F41education] as is required in pursuance of such arrangements as aforesaid the authority shall not appoint that person to be a reserved teacher.

(5)If the . . . F42 foundation governors of a controlled school are of opinion that any reserved teacher has failed to give such religious [F41education] as aforesaid efficiently and suitably, they may require the authority to dismiss him from employment as a reserved teacher in the school.

[F44(6)In the case of a controlled school the provision for religious education for pupils at the school which is required by section 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum shall be provision for religious education-

(a)in accordance with any arrangements made under subsection (1) of this section; or

(b)subject to any such arrangements, in accordance with an agreed syllabus adopted for the school or for those pupils.]

28 Special provisions as to religious education in aided schools and in special agreement schools.E+W

[F45(1)In the case of an aided or special agreement school the provision for religious education for pupils at the school which is required by section 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum shall be provision for religious education-

(a)in accordance with any provision of the trust deed relating to the school or, where provision for that purpose is not made by such a deed, in accordance with the practice observed in the school before it became a voluntary school; or

(b)in accordance with any arrangements under this section.

(1A)Subject to subsection (1C) of this section, the religious education given to pupils at such a school shall be under the control of the governors of the school.

(1B)Where the parents of pupils in attendance at such a school—

(a)desire them to receive religious education in accordance with any agreed syllabus adopted by the local education authority; and

(b)cannot with reasonable convenience cause those pupils to attend any school at which that syllabus is in use;

then, unless the authority are satisfied that owing to any special circumstances it would be unreasonable to do so, arrangements shall be made for religious education in accordance with that syllabus to be given to those pupils in the school during the times set apart for the giving of religious education in the school in accordance with the provision for that purpose included in the school’s basic curriculum by virtue of section 2(1)(a) of that Act.

(1C)Those arrangements shall be made by the governors of the school, unless the local education authority are satisfied that the governors are unwilling to make the arrangements, in which case they shall be made by the authority.]

(2)If a teacher appointed to give in an aided school religious [F46education], other than [F46education] in accordance with an agreed syllabus, fails to give such [F46education] efficiently and suitably, he may be dismissed on that ground by the . . . F47 governors of the school without the consent of the local education authority.

(3)Where the special agreement made with respect to any special agreement school provides for the employment of reserved teachers, the local education authority shall, when they propose to appoint any person to be such a teacher in the school, consult the . . . F48 foundation governors of the school, and unless the said . . . F48 governors are satisfied as to that person’s fitness and competence to give such religious [F46education] as aforesaid, the authority shall not appoint that person to be such a teacher.

(4)If the . . . F48 foundation governors of a special agreement school are of opinion that any such reserved teacher as aforesaid has failed to give, efficiently and suitably, such religious [F46education] as he was appointed to give, they may require the authority to dismiss him from employment as a reserved teacher in the school.

29 Provisions as to religious instruction in accordance with agreed syllabus.E+W

(1)The provisions of the Fifth Schedule to this Act shall have effect with respect to the preparation, adoption, and reconsideration, of an agreed syllabus of religious [F49education].

(2)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

30 Saving as to position of teachers. E+W

Subject as hereinafter provided, no person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, from being a teacher in a county school or in any voluntary school, or from being otherwise employed for the purposes of such a school; and no teacher in any such school shall be required to give religious [F51education] or receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage by reason of the fact that he does or does not give religious [F51education] or by reason of his religious opinions or of his attending or omitting to attend religious worship:

Transitional Provisions as to County and Voluntary SchoolsE+W

31 Transitional provisions as to the separation of primary and secondary schools.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

(2)Save as may be otherwise directed by the [F53Secretary of State for Education and Science], every county school and voluntary school which immediately before the commencement of this Part of this Act was used for providing primary education shall be managed and conducted as a primary school, every such school which was used for providing secondary education shall be managed and conducted as a secondary school, and every such school which was used for providing primary and secondary education indiscriminately shall be managed and conducted as if it were a primary school.

(3)If it appears to the [F53Secretary of State for Education and Science] to be expedient that any county school or voluntary school should be managed and conducted otherwise than in accordance with the provisions of the last foregoing subsection, he may direct that the school be managed and conducted as a primary school or as a secondary school as the case may be:

(4)Where it appears to a local education authority that the process of securing that primary and secondary education shall be provided in separate schools can be accelerated by the giving of a direction under this section, it shall be the duty of the authority to apply to the [F53Secretary of State for Education and Science] for such a direction.

32 F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

E+W

33, 34. F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Compulsory Attendance at Primary and Secondary SchoolsE+W

35 Compulsory school age. E+W

In this Act the expression “compulsory school age” means any age between five years and [F57sixteen] years, and accordingly a person shall be deemed to be of compulsory school age if he has attained the age of five years and has not attained the age of [F57sixteen] years and a person shall be deemed to be over compulsory school age as soon as he has attained the age of [F57sixteen] years:

36 Duty of parents to secure the education of their children. E+W

It shall be the duty of the parent of every child of compulsory school age to cause him to receive efficient full-time education suitable to his age, ability, and aptitude [F58and to any special educational needs he may have], either by regular attendance at school or otherwise.

37 School attendance orders. E+W

(1)If it appears to a local education authority that the parent of any child of compulsory school age in their area is failing to perform the duty imposed on him by the last foregoing section, it shall be the duty of the authority to serve upon the parent a notice requiring him, within such time as may be specified in the notice not being less than fourteen days from the service thereof, to satisfy the authority that the child is receiving efficient full-time education suitable to his age, ability, and aptitude [F59and to any special educational needs he may have] either by regular attendance at school or otherwise.

(2)If, after such a notice has been served upon a parent by a local education authority, the parent fails to satisfy the authority in accordance with the requirements of the notice that the child to whom the notice relates is receiving efficient full-time education suitable to his age, ability, and aptitude [F59and to any special educational needs he may have], then, if in the opinion of the authority it is expedient that he should attend school, the authority shall serve upon the parent an order in the prescribed form (hereinafter referred to as a “school attendance order”) requiring him to cause the child to become a registered pupil at a school named in the order . . . F60.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

(4)If at any time while a school attendance order is in force with respect to any child the parent of the child makes application to the local education authority by whom the order was made . . . F60 requesting that the order be revoked on the ground that arrangements have been made for the child to receive efficient full-time education suitable to his age, ability, and aptitude [F59and to any special educational needs he may have] otherwise than at school, the authority shall . . . F62 revoke the order in compliance with the request unless they are of opinion . . . F62 that no satisfactory arrangements have been made for the education of the child otherwise than at school . . . F62; and if a parent is aggrieved by a refusal of the authority to comply with any such request, he may refer the question to the [F63Secretary of State for Education and Science], who shall give such direction thereon as he thinks fit.

(5)If any person upon whom a school attendance order is served fails to comply with the requirements of the order, he shall be guilty of an offence against this section unless he proves that he is causing the child to receive efficient full-time education suitable to his age, ability, and aptitude [F59and to any special educational needs he may have] otherwise than at school.

(6)If in proceedings against any person for a failure to comply with a school attendance order that person is acquitted, the court may direct that the school attendance order shall cease to be in force, but without prejudice to the duty of the local education authority to take further action under this section if at any time the authority are of opinion that having regard to any change of circumstances it is expedient so to do.

(7)Save as provided by the last foregoing subsection, a school attendance order made with respect to any child shall, subject to any amendment thereof which may be made by the local education authority, continue in force so long as he is of compulsory school age unless revoked by that authority.

38 F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

39 Duty of parents to secure regular attendance of registered pupils. E+W

(1)If any child of compulsory school age who is a registered pupil at a school fails to attend regularly thereat, the parent of the child shall be guilty of an offence against this section.

(2)In any proceedings for an offence against this section in respect of a child who is not a boarder at the school at which he is a registered pupil, the child shall not be deemed to have failed to attend regularly at the school by reason of his absence therefrom with leave or—

(a)at any time when he was prevented from attending by reason of sickness or any unavoidable cause;

(b)on any day exclusively set apart for religious observance by the religious body to which his parent belongs;

(c)if the parent proves that the school at which the child is a registered pupil is not within walking distance of the child’s home, and that no suitable arrangements have been made by the local education authority either for his transport to and from the school or for boarding accommodation for him at or near the school or for enabling him to become a registered pupil at a school nearer to his home.

(3)Where in any proceedings for an offence against this section it is proved that the child has no fixed abode, paragraph (c) of the last foregoing subsection shall not apply, but if the parent proves that he is engaged in any trade or business of such a nature as to require him to travel from place to place and that the child has attended at a school at which he was a registered pupil as regularly as the nature of the trade or business of the parent permits, the parent shall be acquitted:

(4)In any proceedings for an offence against 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 deemed to have failed to attend regularly at the school if he is absent therefrom without leave during any part of the school term at a time when he was not prevented from being present by reason of sickness or any unavoidable cause.

(5)In this section the expression “leave” in relation to any school means leave granted by any person authorised in that behalf by the . . . F65 governors or proprietor of the school, and the expression “walking distance” means, in relation to a child who has not attained the age of eight years two miles, and in the case of any other child three miles, measured by the nearest available route.

40 Enforcement of school attendance.E+W

(1)Subject to the provisions of this section, any person guilty of an offence against section thirty-seven or section thirty-nine of this Act shall be liable on summary conviction, in the case of a first offence against that section to a fine not exceeding [F66£200], in the case of a second offence against that section to a fine not exceeding [F66£200], and in the case of a third or subsequent offence against that section to a fine not exceeding [F66£200] or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.

[F67(2)Proceedings for such offences as aforesaid shall not be instituted except by a local education authority; and before instituting such proceedings the authority shall consider whether it would be appropriate, instead of or as well as instituting the proceedings, to bring the child in question before a juvenile court under section 1 of the M1Children and Young Persons Act 1969.

(3)The court by which a person is convicted of an offence against section 37 of this Act or before which a person is charged with an offence against section 39 of this Act may if it thinks fit direct the authority who instituted the proceedings to bring the child to whom the proceedings relate before a juvenile court under the said section 1; and it shall be the duty of the authority to comply with the direction.

(4)Where a child in respect of whom a school attendance order is in force is brought before a juvenile court by a local education authority under the said section 1 and the court finds that the condition set out in subsection (2)(e) of that section is not satisfied with respect to him, the court may direct that the order shall cease to be in force.]

40A F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Further EducationE+W

[F6941 Functions of local education authorities with respect to further education. E+W

(1)It shall be the duty of every local education authority to secure the provision for their area of adequate facilities for further education.

(2)Subject to the following provisions of this section, in this Act “further education” means—

(a)full–time and part–time education for persons over compulsory school age (including vocational, social, physical and recreational training); and

(b)organized leisure-time occupation provided in connection with the provision of such education.

(3)In this Act “further education” does not include higher education.

(4)Full-time education suitable to the requirements of senior pupils over compulsory school age shall not be regarded for the purposes of this Act as further education if it is or is to be provided by an institution which does not provide part-time senior education or post-school age education to a significant extent.

(5)In this Act—

(a) “part–time senior education” means part–time education for senior pupils over compulsory school age; and

(b) “post–school age education” means full–time or part–time education for persons of or over nineteen years of age.

(6)The duty of a local education authority under subsection (1) above extends, in the case of further education of a vocational kind, to the provision of facilities for continuing education for persons already in employment or already engaged in a vocation as well as to the provision of facilities for education with a view to entry into any employment or vocation.

(7)In subsection (2)(b) above “organized leisure time occupation” means leisure–time occupation, in such organized cultural training and recreative activities as are suited to their requirements, for any persons over compulsory school age who are able and willing to profit by facilities provided for that purpose.

(8)A local education authority shall have power to secure the provision of further education for persons living outside their area.

(9)In fulfilling their duty under subsection (1) above a local education authority shall have regard to any educational facilities provided by universities, institutions within the PCFC funding sector and other bodies which are provided for, or available for use by persons living in, their area.

(10)In fulfilling that duty a local education authority shall also have regard to the requirements of persons over compulsory school age who have learning difficulties.

(11) Subject to subsection (12) below, for the purposes of subsection (10) above a person has a ’’learning difficulty’’ if-

(a)he has a significantly greater difficulty in learning than the majority of persons of his age; or

(b)he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by the local education authority concerned in pursuance of their duty under subsection (1) above for persons of his age.

(12) A person is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.

(13)A local education authority shall have power to 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.]

42 F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

43—46. F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

47 Interim provisions as to further education. E+W

Until the date upon which a scheme of further education is first approved by the Minister for the area of a local education authority under the foregoing provisions of this Part of this Act, the authority shall, unless the Minister otherwise directs, continue to maintain or assist any school or other educational institution which, immediately before the date of the commencement of this Part of this Act was maintained or assisted by them or by the council of any county district within their area, under the powers conferred by section seventy of the M2Education Act 1921, not being a school or institution which under this Act is maintained or assisted as a secondary school, and may, in accordance with arrangements approved by the Minister, provide such additional facilities for further education, other than education at county colleges, as appear to the authority to be expedient for meeting the needs of their area.

E+W Supplementary Provisions as to Primary, Secondary and Further Education

Ancillary ServicesE+W

48 Medical inspection and treatment of pupils.E+W

(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

(4)It shall be the duty of every local education authority [F73or, in the case of pupils at a grant-maintained school, the duty of the governing body of the school] to make arrangements for encouraging and assisting pupils to take advantage of [F74the provision for medical and dental inspection and treatment made for them in pursuance of [F75section 5(1) of the M3National Health Service Act 1977 or paragraph 1(a)(i) of Schedule 1 to that Act]]:

Provided that if the parent of any pupil gives to the authority [F76or, as the case may be, to the governing body] notice that he objects to the pupil availing himself of any [F74of the provision so made], the pupil shall not be encouraged or assisted so to do.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

49 F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

50 Provision of board and lodging otherwise than at boarding schools or colleges.E+W

(1)Where the local education authority are satisfied with respect to any [F78pupil] that primary or secondary education suitable to his age ability and aptitude [F79and to any special educational needs he may have] can best be provided by them for him at any particular county school, voluntary school [F80, grant-maintained school], or special school, . . . F81 but that such education cannot be so provided unless boarding accommodation is provided for him otherwise than at the school . . . F81, [F82and where a local education authority are satisfied, with respect to a pupil [F83having special educational needs], that provision for him of board and lodging is necessary for enabling him to receive the required special educational [F83provision],] the authority may provide such board and lodging for him under such arrangements as they think fit.

(2)In making any arrangements under this section for any [F78pupil] . . . F81, a local education authority shall, so far as practicable, give effect to the wishes of the parent of the [F78pupil] . . . F81, with respect to the religious denomination of the person with whom he will reside.

51 F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

52†Recovery of cost of boarding accommodation and of clothing.E+W

(1)Where a local education authority have, under the powers conferred by the foregoing provisions of this Act, provided a pupil with board and lodging otherwise than at a boarding school . . . F85 . . . F86 the authority shall require the parent to pay to the authority in respect thereof such sums, if any, as in the opinion of the authority he is able without financial hardship to pay:

(a)where the board and lodging provided for the pupil were so provided under arrangements made by the local education authority on the ground that in their opinion education suitable to his age ability and aptitude [F87or special educational needs] could not otherwise be provided by the authority for him, no sum shall be recoverable in respect thereof under this section . . . F85

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85

(2)The sums recoverable under this section shall not exceed the cost to the local education authority of providing the board and lodging . . . F86

(3)Any sums payable by virtue of this section may be recovered summarily as a civil debt.

53 Provision of facilities for recreation and social and physical training.E+W

(1)It shall be the duty of every local education authority to secure that the facilities for primary secondary and further education provided for their area include adequate facilities for recreation and social and physical training, and for that purpose a local education authority . . . F88 may establish maintain and manage, or assist the establishment, maintenance, and management of camps, holiday classes, playing fields, play centres, and other places (including playgrounds, gymnasiums, and swimming baths not appropriated to any school [F89or other educational institution], at which facilities for recreation and for such training as aforesaid are [F90available for persons receiving primary secondary or further education], and may organise games, expeditions and other activities for such persons, and may defray or contribute towards the expenses thereof.

(2)A local education authority, in making arrangements for the provision of facilities or the organisation of activities under the powers conferred on them by the last foregoing subsection shall, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92

54 Power to ensure cleanliness.E+W

(1)A local education authority may, by directions in writing issued with respect to all schools maintained by them or with respect to any of such schools named in the directions, authorise a medical officer of the authority to cause examinations of the persons and clothing of pupils in attendance at such school to be made whenever in his opinion such examinations are necessary in the interests of cleanliness . . . F93.

(2)Any such examination as aforesaid shall be made by a person authorised by the local education authority to make such examinations, and if the person or clothing of any pupil is found upon such an examination to be infested with vermin or in a foul condition, any officer of the authority may serve upon the parent of the pupil . . . F93 a notice requiring him to cause the person and clothing of the pupil to be cleansed.

(3)A notice served under the last foregoing subsection shall inform the person upon whom it is served that unless within the period limited by the notice, not being less than twenty-four hours after the service thereof, the person and clothing of the pupil to whom the notice relates are cleansed to the satisfaction of such person as may be specified in the notice the cleansing thereof will be carried out under arrangements made by the local education authority; and if, upon a report being made to him by that person at the expiration of that period, a medical officer of the authority is not satisfied that the person and clothing of the pupil have been properly cleansed, the medical officer may issue an order directing that the person and clothing of the pupil be cleansed under such arrangements.

(4)It shall be the duty of the local education authority to make arrangements for securing that any person or clothing required under this section to be cleansed may be cleansed (whether at the request of a parent . . . F93 or in pursuance of an order issued under this section) at suitable premises by suitable persons and with suitable appliances; and where [F94the council of any . . . F95 district in the area of the authority][F94the council of any inner London borough or the Common Council of the City of London] are entitled to the use of any premises or appliances for cleansing the person or clothing of persons infested with vermin, the authority may require the council to permit the authority to use those premises or appliances for such purposes upon such terms as may be determined by agreement between the authority and the council or, in default of such agreement, by the [F96Secretary of State for Social Services].

(5)Where an order has been issued by a medical officer under this section directing that the person and clothing of a pupil be cleansed under arrangements made by a local education authority, the order shall be sufficient to authorise any officer of the authority to cause the person and clothing of the pupil in the order to be cleansed in accordance with arrangements made under the last foregoing subsection, and for that purpose to convey him to, and detain him at, any premises provided in accordance with such arrangements.

(6)If, after the cleansing of the person or clothing of any pupil has been carried out under this section, his person or clothing is again found to be infested with vermin or in a foul condition at any time while he is in attendance at a school maintained by a local education authority . . . F93, and it is proved that the condition of his person or clothing is due to neglect on the part of his parent . . . F93, the parent . . . F93 shall be liable on summary conviction to a fine not exceeding [F97level 1 on the standard scale.]

(7)Where a medical officer of a local education authority suspects that the person or clothing of any pupil in attendance at a school maintained by the authority . . . F93 is infested with vermin or in a foul condition, but action for the examination or cleansing thereof cannot immediately be taken, he may, if he considers it necessary so to do either in the interest of the pupil or of other pupils in attendance at the school . . . F93, direct that the pupil be excluded from the school . . . F93 until such action has been taken; and such a direction shall be a defence to any proceedings under this Act in respect of the failure of the pupil to attend school . . . F93 on any day on which he is excluded in pursuance of the direction, unless it is proved that the issue of the direction was necessitated by the wilful default of the pupil or his parent.

(8)No girl shall be examined or cleansed under the powers conferred by this section except by a duly qualified medical practitioner or by a woman authorised for that purpose by a local education authority.

55 Provision of transport and other facilities. E+W

(1)A local education authority shall make such arrangements for the provision of transport and otherwise as they consider necessary or as the [F98Secretary of State for Education and Science] may direct for the purpose of facilitating the attendance of pupils at schools or [F99at any institution maintained or assisted by them which provides higher education or further education or (both)], and any transport provided in pursuance of such arrangements shall be provided free of charge.

(2)A local education authority [F100may pay the whole or any part, as the authority think fit, of the reasonable travelling expenses] of any pupil in attendance at any school [F101or any such institution as is mentioned in subsection (1) above] for whose transport no arrangements are made under this section.

[F102(3)In considering whether or not they are required by subsection (1) above to make arrangements in relation to a particular pupil, the local education authority shall have regard (amongst other things) to the age of the pupil and the nature of the route, or alternative routes, which he could reasonably be expected to take.]

[F103(4)Arrangements made by a local education authority under subsection (1) above shall make provision for pupils at grant-maintained schools which is no less favourable than the provision made in pursuance of the arrangements for pupils at schools maintained by a local education authority.]

56 Power to provide primary and secondary education otherwise than at school.E+W

If a local education authority are satisfied that by reason of any extraordinary circumstances a child or young person is unable to attend a suitable school for the purpose of receiving primary or secondary education [F104they shall have power with the approval of the [F105Secretary of State for Education and Science] to make special arrangements for him to receive education otherwise than at school, being primary or secondary education, as the case may require, or if the authority are satisfied that it is impracticable for him to receive full-time education and the [F105Secretary of State for Education and Science] approves, education similar in other respects but less than full-time.]

57—57B. F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Employment of Children and Young PersonsE+W

58 Adaptation of enactments relating to the employment of children or young persons.E+W

For the purposes of any enactment relating to the prohibition or regulation of the employment of children or young persons, any person who is not for the purposes of this Act over compulsory school age shall be deemed to be a child within the meaning of that enactment.

[F10759 Power of local education authorities to prohibit or restrict employment of children.E+W

(1)If it appears to a local education authority that any child who is a registered pupil at a county school, voluntary school, or special school, is being employed in such manner as to be prejudicial to his health or otherwise to render him unfit to obtain the full benefit of the education provided for him, the authority may, by notice in writing served upon the employer, prohibit him from employing the child, or impose such restrictions upon his employment of the child as appear to them to be expedient in the interests of the child.

(2)A local education authority may, by notice in writing served upon the parent or employer of any child who is a registered pupil at a county school, voluntary school, or special school, require the parent or employer to provide the authority, within such period as may be specified in the notice, with such information as appears to the authority to be necessary for the purpose of enabling them to ascertain whether the child is being employed in such a manner as to render him unfit to obtain the full benefit of the education provided for him.

(3)Any person who employs a child in contravention of any prohibition or restriction imposed under subsection (1) of this section, or who fails to comply with the requirements of a notice served under subsection (2) of this section, shall be guilty of an offence against this section and liable on summary conviction, in the case of a first offence to a fine not exceeding [F108level 1 on the standard scale], in the case of a second offence to a fine not exceeding [F108level 1 on the standard scale], and in the case of a third or subsequent offence to a fine not exceeding [F108level 1 on the standard scale] or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.

(4)Subsection (1) and subsection (3) of section twenty-eight of the M4Children and Young Persons Act 1933 (which relate to powers of entry for the enforcement of the provisions of Part II of that Act with respect to the employment of children) shall apply with respect to the provisions of any notice served under this section as they apply with respect to the provisions of the said Part II.]

60, 61. F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

62†Duties of Minister and of local education authorities as to the training of teachers.E+W

(1)In execution of the duties imposed on him by this Act, the [F110Secretary of State for Education and Science] shall, in particular, make such arrangement as he considers expedient for securing that there shall be available sufficient facilities for the training of teachers for [F111service in schools maintained by local education authorities, grant-maintained schools and institutions which are maintained by such authorities and provide higher education or further education (or both)].

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F112

63 Exemption from building byelaws of buildings approved by the Minister.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113

(2)Where plans for any building required for the purposes of any school or other educational establishment are approved by the [F114Secretary of State for Education and Science], he may by order direct that any provision of any local Act or of any byelaw made under such an Act shall not apply in relation to the building or shall apply in relation thereto with such modifications as may be specified in the order.

64 F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

65 Endowments for maintenance of voluntary schools.E+W

Where any sums which accrue after the date of the commencement of this Part of this Act in respect of the income of any endowment are required by virtue of the provisions of any trust deed to be applied towards the maintenance of a school which a local education authority are required to maintain as a voluntary school, the said sums shall not be payable to the local education authority, but shall be applied by the . . . F116 governors of the school towards the discharge of their obligations, if any, with respect to the maintenance of the school, or in such other manner, if any, as may be determined by a scheme for the administration of the endowment made after the date of the commencement of this Part of this Act.

66 F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

67 Determination of disputes and questions.E+W

(1)Save as otherwise expressly provided by this Act, any dispute between a local education authority and the . . . F118 governors of any school with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, may, notwithstanding any enactment rendering the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the . . . F118 governors, be referred to the [F119Secretary of State for Education and Science]; and any such dispute so referred shall be determined by him.

(2)Any dispute between two or more local education authorities as to which of them is responsible for the provision of education for any pupil . . . F120 shall be determined by the [F119Secretary of State for Education and Science.]

(3)Where any trust deed relating to a voluntary [F121or grant-maintained] school makes provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide whether the religious [F122education] 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.

[F123(4)If in the case of a county [F124voluntary or grant-maintained] school a question arises whether a change in the character of the school or enlargement of the school premises would be a significant change or enlargement, that question shall be determined by the Secretary of State.]

[F125(4A)If in the case of any institution a question arises as to whether any current or proposed provision of part-time senior education or post-school age education by that institution amounts or would amount to the provision of such education to a significant extent, that question shall be determined by the Secretary of State.]

68†Power of Minister to prevent unreasonable exercise of functions. E+W

If the [F126Secretary of State for Education and Science] is satisfied, either on complaint by any person or otherwise, that any local education authority or the . . . F127 governors of any county or voluntary school have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, he may, notwithstanding any enactment rendering the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the . . . F127 governors, give such directions as to the exercise of the power or the performance of the duty as appear to him to be expedient.

[F128In this section, references to a local education authority shall be construed as including references to any body of persons authorised, in accordance with the First Schedule to this Act, . . . F129, to exercise functions of such an authority.]

69†Powers of Minister as to medical examinations and inspections.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130

(2)Where any question is referred to the [F131Secretary of State for Education and Science] under this Part of this Act, then, if in the opinion of the [F131Secretary of State for Educationnand and Science] the examination of any pupil by a duly qualified medical practitioner appointed for the purpose by him would assist the determination of the question referred to him, the [F131Secretary of State for Education and Science] may by notice in writing served on the parent of that pupil . . . F132 require the parent to submit him . . . F132 for examination by such a practitioner; and if any person on whom such a notice is served fails without reasonable excuse to comply with the requirements thereof, he shall be liable on summary conviction to a fine not exceeding [F133level 1 on the standard scale].