Education Act 1944 (repealed 1.11.1996)

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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(4)It shall be the duty of every local education authority [F2or, 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 [F3the provision for medical and dental inspection and treatment made for them in pursuance of [F4section 5(1) of the M1National 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 [F5or, as the case may be, to the governing body] notice that he objects to the pupil availing himself of any [F3of the provision so made], the pupil shall not be encouraged or assisted so to do.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

49 F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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 [F7pupil] that primary or secondary education suitable to his age ability and aptitude [F8and to any special educational needs he may have] can best be provided by them for him at any particular county school, voluntary school [F9, grant-maintained school], or special school, . . . F10 but that such education cannot be so provided unless boarding accommodation is provided for him otherwise than at the school . . . F10, [F11and where a local education authority are satisfied, with respect to a pupil [F12having special educational needs], that provision for him of board and lodging is necessary for enabling him to receive the required special educational [F12provision],] 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 [F7pupil] . . . F10, a local education authority shall, so far as practicable, give effect to the wishes of the parent of the [F7pupil] . . . F10, with respect to the religious denomination of the person with whom he will reside.

51 F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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 . . . F14 . . . F15 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 [F16or special educational needs] could not otherwise be provided by the authority for him, no sum shall be recoverable in respect thereof under this section . . . F14

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(2)The sums recoverable under this section shall not exceed the cost to the local education authority of providing the board and lodging . . . F15

(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 . . . F17 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 [F18or other educational institution], at which facilities for recreation and for such training as aforesaid are [F19available 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

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 . . . F22.

(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 . . . F22 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 . . . F22 or in pursuance of an order issued under this section) at suitable premises by suitable persons and with suitable appliances; and where [F23the council of any . . . F24 district in the area of the authority][F23the 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 [F25Secretary 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 . . . F22, and it is proved that the condition of his person or clothing is due to neglect on the part of his parent . . . F22, the parent . . . F22 shall be liable on summary conviction to a fine not exceeding [F26level 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 . . . F22 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 . . . F22, direct that the pupil be excluded from the school . . . F22 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 . . . F22 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 [F27Secretary of State for Education and Science] may direct for the purpose of facilitating the attendance of pupils at schools or [F28at 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 [F29may pay the whole or any part, as the authority think fit, of the reasonable travelling expenses] of any pupil in attendance at any school [F30or any such institution as is mentioned in subsection (1) above] for whose transport no arrangements are made under this section.

[F31(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.]

[F32(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 [F33they shall have power with the approval of the [F34Secretary 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 [F34Secretary of State for Education and Science] approves, education similar in other respects but less than full-time.]

57—57B. F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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.

[F3659 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 [F37level 1 on the standard scale], in the case of a second offence to a fine not exceeding [F37level 1 on the standard scale], and in the case of a third or subsequent offence to a fine not exceeding [F37level 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 M2Children 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. F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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 [F39Secretary 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 [F40service 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

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

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

(2)Where plans for any building required for the purposes of any school or other educational establishment are approved by the [F43Secretary 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 F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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 . . . F45 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 F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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 . . . F47 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 . . . F47 governors, be referred to the [F48Secretary 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 . . . F49 shall be determined by the [F48Secretary of State for Education and Science.]

(3)Where any trust deed relating to a voluntary [F50or grant-maintained] school makes provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide whether the religious [F51education] 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.

[F52(4)If in the case of a county [F53voluntary 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.]

[F54(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 [F55Secretary of State for Education and Science] is satisfied, either on complaint by any person or otherwise, that any local education authority or the . . . F56 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 . . . F56 governors, give such directions as to the exercise of the power or the performance of the duty as appear to him to be expedient.

[F57In 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, . . . F58, to exercise functions of such an authority.]

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

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

(2)Where any question is referred to the [F60Secretary of State for Education and Science] under this Part of this Act, then, if in the opinion of the [F60Secretary 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 [F60Secretary of State for Education and Science] may by notice in writing served on the parent of that pupil . . . F61 require the parent to submit him . . . F61 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 [F62level 1 on the standard scale].