Education Act 2002 (c. 32)

(The document as of February, 2008)

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(6) Where an action plan is required under subsection (3) but is not submitted in accordance with that subsection, or is so submitted but rejected, the registration authority may--

(a) determine that the school is to be removed from the register on such date after the appeal period as the authority may determine, or

(b) make an order under subsection (8).

(7) Where an action plan has been approved under subsection (5), but any step specified in the plan is not taken by the date specified in the plan (whether as originally approved or as varied under paragraph (a)), the registration authority may--

(a) substitute a later date for the taking of that step,

(b) make an order under subsection (8), or

(c) determine that the school is to be removed from the register on such date after the appeal period as the authority may determine.

(8) An order under this subsection is an order requiring the proprietor of the school to do one or more of the following no later than such date after the appeal period as may be specified in the order--

(a) to cease using any part of the school premises for all purposes or purposes specified in the order;

(b) to close any part of the school's operation;

(9) If the proprietor of a school fails to comply with an order under subsection (8)--

(a) he is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both, and

(b) e registration authority may determine that the school is to be removed from the register on such date after the appeal period as the authority may determine.

(10) Where the proprietor of a school in respect of which an order is made under subsection (8) applies to the registration authority for the order to be varied or revoked, the authority shall--

(a) vary or revoke the order as requested in the application, if it is satisfied that it is appropriate to do so because of any change of circumstance, and

(b) in any other case, refuse to do so.

(11) The variation or revocation of an order under subsection (10) shall take effect as from the date on which the proprietor of the school is notified of it.

(12) Where the registration authority has made a determination under this section to remove a school from the register on a particular date and no appeal is made against the determination under section 166, the authority shall remove the school from the register on that date.

(13) For the purposes of this Chapter, the "appeal period" in relation to a determination or order is the period within which an appeal against it may be made under section 166.

166 Appeals

(1) The proprietor of a registered school may appeal to the tribunal established under section 9 of the Protection of Children Act 1999 (c. 14) against--

(a) a refusal under section 162 to approve a material change,

(b) a determination under section 165 to remove the school from the register,

(d) a refusal under section 165(10) to vary or revoke such an order.

(2) An appeal under subsection (1) must be made within the period of 28 days beginning with the day on which notice of the refusal, determination or order is served on the proprietor.

(3) Where an appeal is made under subsection (1)(b) against a determination under section 165--

(a) if the appeal is withdrawn or otherwise disposed of before it is determined by the tribunal under section 167, the registration authority may remove the school from the register on such date after the appeal period as it may determine, and

(b) in any other case the registration authority may only remove the school pursuant to the determination in accordance with section 167.

(4) Where an appeal is made under subsection (1)(c) against an order under section 165(8), the order shall not have effect in relation to any time before the appeal is determined by the tribunal under section 167 or withdrawn or otherwise disposed of.

(5) In the case of an appeal against a determination under section 165(2), if at any time the tribunal considers that there is a risk of serious harm occurring to the welfare of pupils before the determination of the appeal, it may by order provide that the school is to be regarded as not registered for the purposes of section 159 until the tribunal determines the appeal under section 167 (or revokes the order before so determining the appeal).

167 Determination of appeals

(1) This section applies where an appeal is made under section 166 to the tribunal established under section 9 of the Protection of Children Act 1999 (c. 14).

(2) In the case of an appeal against a refusal under section 162 to approve a material change, the tribunal may--

(a) uphold the refusal to approve, or

(b) itself approve the change.

(3) In the case of an appeal against a determination under section 165 to remove the school from the register, the tribunal may--

(a) uphold the determination, or

(b) revoke the determination.

(4) Where under subsection (3)(a) the tribunal upholds a determination, the registration authority shall remove the school from the register on such date as the tribunal may specify or, if it does not specify a date, on such date as the registration authority may determine.

(5) Where under subsection (3)(b) the tribunal revokes a determination, it may order the proprietor of the school to do one or more of the following by such time as may be specified in the order--

(a) to cease using any part of the school premises for all purposes or purposes specified in the order;

(b) to close any part of the school's operation;

(6) In the case of an appeal against an order under section 165(8) requiring the taking of specified action, the tribunal may--

(a) uphold the order,

(b) vary the order, or

(7) In the case of an appeal against a refusal under section 165(10) to vary or revoke an order under section 165(8), the tribunal may--

(a) uphold the refusal, or

(b) if in any case it is satisfied that it is appropriate to do so because of any change of circumstance after the making of the order--

(i) vary the order in such manner as it thinks fit, or

(ii) revoke the order.

(8) The tribunal may, on the application of the proprietor of a registered school, vary or revoke any order made by it under subsection (5) in relation to the school where it is satisfied that it is appropriate to do so because of any change of circumstance.

(9) If the proprietor of a school fails to comply with an order of the tribunal under subsection (5)--

(a) he is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both, and

(b) the tribunal may, on the application of the registration authority, authorise the registration authority to remove the school from the register on such date as the tribunal may determine.

Supplementary

168 Provision of information

(1) Regulations may make provision for requiring the proprietor of a registered school to provide the registration authority, when the authority so requests, with such particulars relating to the school as may be prescribed.

(2) Regulations under this section may in particular--

(a) require the provision of such information as is required by the local authority for the purposes of determining whether the school is a children's home (within the meaning of the Care Standards Act 2000 (c. 14));

(b) provide for the registration authority to remove from the register any school in respect of which any requirement imposed by or under the regulations is not complied with;

(c) provide that a person who fails to comply with any specified provision of the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

169 Unsuitable persons

The registration authority may remove a registered school from the register where it is satisfied that any person who, in relation to the school, carries out any work to which section 142 applies--

(a) is carrying out that work in contravention of a direction under that section, or

(b) is subject to an order under section 28 or 29 of the Criminal Justice and Court Services Act 2000 (c. 43) (disqualification from working with children).

170 Service of notice etc.

(1) The registration authority must serve on the proprietor of a registered school notice of--

(a) any decision made by the authority under section 162 in relation to the school;

(b) any determination or order made by the authority under section 165 in relation to the school;

(2) For the purposes of this Chapter, any notice, order or other document required to be given to or served on the proprietor of a registered school may be given to or served on him by delivering it to the registered address of the school.

171 Interpretation of Chapter 1

In this Chapter--

"appeal period" has the meaning given by section 165;
"Chief Inspector" means--
(a)
in relation to a school in England, Her Majesty's Chief Inspector of Schools in England, and
(b)
in relation to a school in Wales, Her Majesty's Chief Inspector of Education and Training in Wales;
"independent school standards" has the meaning given by section 157;
"the register" means--
(a)
in relation to a school in England, the register of independent schools in England, and
(b)
in relation to a school in Wales, the register of independent schools in Wales;
"registered" means entered in the register;
"registered inspector" means a person registered under section 7(1) or (2) of the School Inspections Act 1996 (c. 57);
"registration authority" means--
(a)
in relation to a school in England, the Secretary of State, and
(b)
in relation to a school in Wales, the National Assembly for Wales.

Chapter 2 Children with special educational needs

172 Alteration to definition of "independent school"

For section 463 of the Education Act 1996 (c. 56) (meaning of "independent school") there is substituted--

" 463 Meaning of "independent school"

(1) In this Act "independent school" means any school at which full-time education is provided for--

(a) five or more pupils of compulsory school age, or

(b) at least one pupil of that age for whom a statement is maintained under section 324, or who is looked after by a local authority (within the meaning of section 22 of the Children Act 1989),

and which is not a school maintained by a local education authority or a special school not so maintained.

(2) For the purposes of subsection (1)(a) and (b) it is immaterial if full-time education is also provided at the school for pupils under or over compulsory school age. "

173 Right of access of LEA

In section 327 of the Education Act 1996 (c. 56) (local education authority to have access to certain schools to monitor provision made for child with special educational needs), in subsection (1)(b) (schools to which section applies), at the end there is inserted "or at an independent school".

174 Consent to placement

In section 347 of the Education Act 1996 (approval of independent schools as suitable to provide special education), in subsection (5)(b) (no child to be placed at an unapproved school unless the Secretary of State consents), after "Secretary of State" there is inserted "is satisfied that there is a place available for the child at the school and".

Part 11 Miscellaneous and General

General duties of LEAs and governing bodies

175 Duties of LEAs and governing bodies in relation to welfare of children

(1) A local education authority shall make arrangements for ensuring that the functions conferred on them in their capacity as a local education authority are exercised with a view to safeguarding and promoting the welfare of children.

(2) The governing body of a maintained school shall make arrangements for ensuring that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school.

(3) The governing body of an institution within the further education sector shall make arrangements for ensuring that their functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution.

(4) An authority or body mentioned in any of subsections (1) to (3) shall, in considering what arrangements are required to be made by them under that subsection, have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.

(5) In this section--

"child" means a person under the age of eighteen;
"governing body", in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13);
"maintained school" means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school.

176 Consultation with pupils

(1) It shall be the duty--

(a) of a local education authority, in the exercise of any of their schools functions, and

(b) of the governing body of a maintained school, in the exercise of any function relating to the conduct of the school,

to have regard to any guidance given from time to time by the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) about consultation with pupils in connection with the taking of decisions affecting them.

(2) Any guidance under this section must provide for a pupil's views to be considered in the light of his age and understanding.

(3) In this section--

"maintained school" means a community, foundation or voluntary school or a community or foundation special school;
"pupil" does not include a child who is being provided with nursery education (whether at a school or elsewhere);
"schools functions", in relation to a local education authority, means functions relating to--
(a)
maintained schools,
(b)
pupil referral units, or
(c)
the provision of education for children of compulsory school age otherwise than at school.

Education and training outside schools

177 Meaning of "secondary education"

(1) Section 2 of the Education Act 1996 (c. 56) (definition of primary, secondary and further education) is amended as follows.

(2) In subsection (2B) (which extends "secondary education" to include education received partly at a school and partly at another institution)--

(a) in paragraph (b), after "another institution" there is inserted "or any other establishment", and

(b) after "other institution" there is inserted "or establishment".

(3) After subsection (6) there is inserted--

" (6A) In the context of the definitions of secondary education and further education, references in this section to education include vocational, social, physical and recreational training. "

(4) The Education Acts shall have effect in their application to persons receiving secondary education within section 2(2B) of the Education Act 1996 (c. 56) with such modifications as may be specified in an order under this subsection.

(5) The power to make an order under subsection (4) is exercisable--

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

(b) in relation to Wales, by the National Assembly for Wales.

178 Training and education provided in the workplace for 14 to 16 year olds

(1) The Learning and Skills Act 2000 (c. 21) is amended as follows.

(2) In section 5 (provision of financial resources)--

(a) after subsection (1)(e) there is inserted--

" (ea) persons providing or proposing to provide, wholly or partly at the premises of an employer, education or training that is suitable to the requirements of pupils who--

(i) have attained the age of 15 or will attain that age in the current school year, but

(ii) have not ceased to be of compulsory school age; " , and

(b) after subsection (3) there is inserted--

" (4) For the purposes of subsection (1)(ea) "compulsory school age", "pupil" and "school year" have the same meaning as in the Education Act 1996. "

(3) In section 65 (area inspections in England)--

(a) in subsection (1)(a) for "16" there is substituted "15", and

(b) after subsection (9) there is inserted--

" (10) In subsection (1)(a) "persons who are aged 15" includes persons for whom education is being provided at a school who will attain that age in the current school year; and for this purpose "school" and "school year" have the same meaning as in the Education Act 1996. "

(4) In section 83 (area inspections in Wales)--

(a) in subsection (1)(a) for "16" there is substituted "15", and

(b) after subsection (10) there is inserted--

" (11) In subsection (1)(a) "persons who are aged 15" includes persons for whom education is being provided at a school who will attain that age in the current school year; and for this purpose "school" and "school year" have the same meaning as in the Education Act 1996. "

179 Rights of entry in relation to inspections

(1) The School Inspections Act 1996 (c. 57) is amended as follows.

(2) In section 2 (functions of the Chief Inspector for England)--

(a) after subsection (8) (rights of entry etc.) there is inserted--

" (8A) For the purposes of the exercise of any function conferred by or under this section the Chief Inspector for England shall have at all reasonable times--

(a) a right of entry to any premises (other than school premises) on which, by virtue of arrangements made by a school in England, any pupils who--

(i) are registered at the school, and

(ii) have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,

are provided with part of their education by any person ("the provider");

(b) a right of entry to any premises of the provider used in connection with the provision by him of that education; and

(i) any records kept by the provider relating to the provision of that education, and

(ii) any other documents containing information so relating,

which the Chief Inspector requires for those purposes. " , and

(b) in subsection (9)(b) (which makes it an offence to obstruct the exercise by the Chief Inspector of his rights of entry), after "subsection (8)" there is inserted "or (8A)".

(3) In section 3 (power of Chief Inspector for England to arrange for inspections), in subsection (3) (rights of entry etc.)--

(a) after paragraph (a) there is inserted--

" (aa) a right of entry to any other premises on which, by virtue of arrangements made by the school, any pupils who--

(i) are registered at the school, and

(ii) have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,

are receiving part of their education from any person ("the provider");

(ab) a right of entry to any premises of the provider used in connection with the provision by him of that education; " , and

(b) after paragraph (b) there is inserted " and

(i) any records kept by the provider relating to the provision of education for pupils registered at the school, and

(ii) any other documents containing information relating to the provision of such education by the provider,

which the Inspector considers relevant to the discharge of his functions. "

(4) In section 5 (functions of the Chief Inspector for Wales)--

(a) after subsection (8) (rights of entry etc.) there is inserted--

" (8A) For the purposes of the exercise of any function conferred by or under this section the Chief Inspector for Wales shall have at all reasonable times--

(a) a right of entry to any premises (other than school premises) on which, by virtue of arrangements made by a school in Wales, any pupils who--

(i) are registered at the school, and

(ii) have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,

are provided with part of their education by any person ("the provider");

(b) a right of entry to any premises of the provider used in connection with the provision by him of that education; and

(i) any records kept by the provider relating to the provision of that education, and

(ii) any other documents containing information so relating,

which the Chief Inspector requires for those purposes. " , and

(b) in subsection (9)(b) (which makes it an offence to obstruct the exercise by the Chief Inspector of his rights of entry), after "subsection (8)" there is inserted "or (8A)".

(5) In section 6 (power of Chief Inspector for Wales to arrange for inspections), in subsection (3) (rights of entry etc.)--

(a) after paragraph (a) there is inserted--

" (aa) a right of entry to any other premises on which, by virtue of arrangements made by the school, any pupils who--

(i) are registered at the school, and

(ii) have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,

are receiving part of their education from any person ("the provider");

(ab) a right of entry to any premises of the provider used in connection with the provision by him of that education; " , and

(b) after paragraph (b) there is inserted " and

(i) any records kept by the provider relating to the provision of education for pupils registered at the school, and

(ii) any other documents containing information relating to the provision of such education by the provider,

which the Inspector considers relevant to the discharge of his functions. "

(6) In Schedule 3 (inspections by registered inspectors under section 10), in paragraph 7 (rights of entry etc.), after sub-paragraph (2) there is inserted--

" (3) A registered inspector conducting an inspection of a school, and the members of his inspection team, shall also have at all reasonable times--

(a) a right of entry to any premises (other than school premises) on which, by virtue of arrangements made by the school, any pupils who--

(i) are registered at the school, and

(ii) have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,

are receiving part of their education from any person ("the provider");

(b) a right of entry to any premises of the provider used in connection with the provision by him of that education; and

(i) any records kept by the provider relating to the provision of that education, and

(ii) any other documents containing information so relating,

which the inspector or (as the case may be) member of the team requires for the purposes of the inspection. "

180 Inspections of LEAs: rights of entry etc.

For section 40 of the Education Act 1997 (c. 44) (inspector's rights of entry etc.) there is substituted--

" 40 Inspector's rights of entry etc.

(1) This section applies where a local education authority are inspected under section 38.

(2) The inspector, and any person assisting him, shall have at all reasonable times a right of entry to--

(a) the premises of the local education authority,

(b) the premises of any school maintained by the authority, and

(c) any other premises at which relevant section 19 education is provided, other than premises which are or form part of a private dwelling house but are not a school.

(3) The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies of--

(a) any records kept by, and any other documents containing information relating to, the local education authority or any school maintained by the authority, and

(b) any records kept by a person who provides relevant section 19 education that relate to the provision of that education, and any other documents containing information that so relates;

which he considers relevant to the exercise of his functions.

(4) Section 42 of the School Inspections Act 1996 (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for the purposes of Part 1 of that Act.

(5) Without prejudice to subsections (2) and (3), the local education authority and the governing body of any school maintained by the authority--

(a) shall give the inspector and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give, and

(b) shall secure that all such assistance is also given by persons who work at the school.

(6) It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to the inspection.

(7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(8) In this section--

"document" and "records" each include information recorded in any form; and
"relevant section 19 education" means education provided to a child by virtue of arrangements made by the local education authority under section 19 of the Education Act 1996 (exceptional provision of education at schools or otherwise). "

Allowances in respect of education or training

181 Allowances in respect of education or training

(1) Regulations may make provision authorising or requiring the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) to pay an allowance to or in respect of any eligible person who is over compulsory school age, in connection with his undertaking education or training of a prescribed description.

(2) The relevant education or training must not be higher education.

(3) Regulations may, in particular, make provision--

(a) for determining whether a person is an eligible person in relation to any allowance,

(b) prescribing information that must be supplied by or on behalf of any person before any allowance can be paid or continue to be paid to or in respect of him,

(d) prescribing the maximum allowance payable to or in respect of any person in respect of any period,

(e) prescribing the maximum period during which an allowance may be payable to or in respect of any person,

(f) where the amount of an allowance may vary to any extent according to a person's circumstances, for determining, or providing for the determination by the Secretary of State or the National Assembly for Wales of, the amount required or authorised to be paid to or in respect of him,

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