Education Act 1993 (c. 35)

(The document as of February, 2008)

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they shall serve under subsection (6) below notice of their proposals.

(5) Except in pursuance of proposals under this section approved under section 184 of this Act--

(a) a local education authority or the funding authority may not establish a school which is specially organised to make special educational provision for pupils with special educational needs,

(b) no prescribed alteration may be made to a maintained or grant-maintained special school, and

(6) Notice for the purposes of subsections (2) to (4) above shall be served on--

(a) the Secretary of State, and

(b) such other persons as may be prescribed,

and shall give such information as may be prescribed.

(7) If the proposals are approved under section 184 of this Act, the body which served the notice or, in the case of proposals under subsection (3)(b) or (c) above, the governing body of the school shall implement them.

(8) If proposals under subsection (3)(a) above are so approved, a governing body of the school shall be incorporated on such date as may be specified in the proposals (referred to in this Part of this Act as the "incorporation date").

(9) In relation to the establishment of a school in pursuance of proposals under subsection (3)(a) above, regulations may apply any provision of Chapter IV or V of Part II of this Act with or without modification.

(10) In this Part of this Act--

(a) references to the discontinuance of a maintained special school are to the local education authority ceasing to maintain it, and

(b) references to an alteration to a school include the transfer of the school to a new site.

184 Procedure for dealing with proposals

(1) Before a body serve notice of any proposals under section 183 of this Act they shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection, the body shall have regard to any guidance given from time to time by the Secretary of State.

(2) Any person may, within such period (which shall not be less than two months beginning with the date on which the notice is served) as may be specified in the notice under that section, submit objections to the proposals to the body which served the notice.

(3) Within one month after the end of the period for making objections specified in the last notice to be served under that section, the body which served the notice shall transmit to the Secretary of State copies of all objections which have been duly made (and not withdrawn in writing), together with their observations on them.

(4) The Secretary of State may, after considering the proposals, any objections to the proposals and any observations on the objections, reject the proposals, approve them without modification or, after consulting the body which served notice of them and, in the case of proposals under section 183(3)(b) or (c) of this Act, the governing body, approve them with such modifications as he thinks desirable.

(5) The Secretary of State may modify any proposals required under section 183 of this Act to be implemented--

(a) in the case of proposals under section 183(3)(b) or (c) of this Act--

(i) at the request of the governing body, or

(ii) at the request of the funding authority and after consulting the governing body, or

(b) in any other case, at the request of the body which served notice of the proposals.

(6) References in this Part of this Act to proposals under section 183 of this Act, in any case where the Secretary of State has modified such proposals in pursuance of this section, are to the proposals as so modified.

(7) Service of a notice under that section which is sent by post in accordance with section 113 of the [1944 c. 31.] Education Act 1944 (notices) shall be taken to have been effected on the second day after the day on which the notice is posted.

185 Approval of premises of maintained or grant-maintained special schools

(1) Where a body serve under section 183(6) of this Act notice of proposals for the establishment of a school which is specially organised to make special educational provision for pupils with special educational needs, they shall submit to the Secretary of State the particulars in respect of the proposed premises of the school mentioned in subsection (3) below.

(2) Where a body serve under section 183(6) of this Act notice of proposals for making a prescribed alteration to a special school, they shall if the Secretary of State so directs submit to him the particulars in respect of the premises or proposed premises of the school mentioned in subsection (3) below.

(3) The particulars are--

(a) particulars of the provision made or to be made in respect of the means of access to and within the premises or proposed premises of the school, and

(b) such other particulars in respect of the premises or proposed premises of the school as the Secretary of State may require,

and they shall be submitted at such time and in such form and manner as the Secretary of State may direct.

(4) The particulars submitted under subsection (3)(a) above shall indicate the extent to which the provision referred to conforms with the minimum requirements, so far as they are relevant to school premises, of--

(a) Design Note 18 "Access for Disabled People to Educational Buildings" published in 1984 on behalf of the Secretary of State, or

(b) if that Note has been replaced by a document prescribed by regulations made or having effect as if made under the [1990 c. 8.] Town and Country Planning Act 1990, that document.

(5) Particulars submitted under this section in respect of the premises or proposed premises of the school require the approval of the Secretary of State.

(6) Where any proposals falling within subsection (1) or (2) above are required to be implemented, they shall be implemented in accordance with any particulars approved under this section.

186 Maintained special school becoming grant-maintained special school

(1) Regulations may make provision for maintained special schools, or any class or description of such schools, to cease to be maintained by the local education authority and become grant-maintained special schools.

(2) Regulations shall require, before a maintained special school becomes a grant-maintained special school in pursuance of the regulations--

(a) the submission to the Secretary of State of proposals for the purpose by the governing body of the school, and

(b) the approval of such proposals, as originally submitted or as modified by the Secretary of State (whether before or after they are approved).

(3) If the proposals are so approved, a governing body of the school shall be incorporated in accordance with Schedule 11 to this Act on the date of approval (referred to in this Part of this Act as the "incorporation date").

(4) Regulations made for the purposes of this section may apply any provision of--

(a) Chapter II, III or V of Part II of this Act,

(b) section 184 of this Act, or

with or without modification.

187 Groups including grant-maintained special schools

(1) Regulations may modify the provisions of Chapter IX of Part II of this Act for the purpose of securing that--

(a) two or more grant-maintained special schools, or one or more grant-maintained special schools together with one or more grant-maintained schools, may be conducted as a group by a single governing body,

(b) a special school maintained by a local education authority may cease to be so maintained and may be conducted by a governing body incorporated under that Chapter, and

and that, where a group of schools including one or more special schools is conducted by such a governing body, the governing body are appropriately constituted.

(2) Regulations made for the purpose mentioned in subsection (1) above may modify sections 183 to 185 and 188 of this Act and Schedule 11 to this Act.

(3) Where that Chapter applies to special schools by virtue of regulations--

(a) section 22(1) of this Act shall not be read as applying to such schools,

(b) a special school conducted by a governing body incorporated under that Chapter shall be known as a grant-maintained special school, and

(c) references in Chapter I of Part V of this Act to a group of grant-maintained schools include a group of one or more grant-maintained special schools together with one or more grant-maintained schools.

188 Approval of special schools

(1) The Secretary of State may approve any school which is specially organised to make special educational provision for pupils with special educational needs, not being a maintained or grant-maintained school, and may give his approval before or after the school is established.

(2) Regulations may make provision as to the requirements which are to be complied with as a condition of approval under subsection (1) above.

(3) Any school which--

(a) is established in pursuance of proposals approved under section 184 of this Act, or

(b) immediately before the coming into force of this section, is a special school,

shall be treated, subject to subsection (4) below, as approved under this section.

(4) Regulations may make provision as to--

(a) the requirements which are to be complied with by a school while approved under this section, and

(b) the withdrawal of approval from a school (including approval treated as given under subsection (3) above) at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.

(5) Without prejudice to the generality of subsections (2) and (4) above, the requirements which may be imposed by the regulations include requirements--

(a) which call for arrangements to be approved by the Secretary of State, or

(b) as to the organisation of any special school as a primary school or as a secondary school.

(6) Regulations shall make provision for securing that, so far as practicable, every pupil attending a special school--

(a) receives religious education and attends religious worship, or

(b) is withdrawn from receiving such education or from attendance at such worship in accordance with the wishes of his parent.

(7) Where approval is withdrawn from a maintained special school or grant-maintained special school, the local education authority or, as the case may be, the governing body shall serve under section 183 of this Act notice of their proposals to discontinue the school.

(8) For the purposes of proposals made under subsection (7) above--

(a) that section shall have effect as if the school had not ceased to be a special school on the withdrawal of the approval, and

(b) section 184 of this Act shall have effect as if subsections (1) to (3), and the reference in subsection (4) to the rejection of proposals, were omitted.

189 Approval of independent schools

(1) The Secretary of State may approve an independent school as suitable for the admission of children for whom statements are maintained under section 168 of this Act.

(2) Regulations may make provision as to--

(a) the requirements which are to be complied with by a school as a condition of its approval under this section,

(b) the requirements which are to be complied with by a school while an approval under this section is in force in respect of it, and

(c) the withdrawal of approval from a school at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.

(3) An approval under this section may be given subject to such conditions (in addition to those prescribed) as the Secretary of State sees fit to impose.

(4) In any case where there is a failure to comply with such a condition imposed under subsection (3) above, the Secretary of State may withdraw his approval.

(5) No person shall so exercise his functions under this Part of this Act that a child with special educational needs is educated in an independent school unless--

(a) the school is for the time being approved by the Secretary of State as suitable for the admission of children for whom statements are maintained under section 168 of this Act, or

(b) the Secretary of State consents to the child being educated there.

190 Provision of education at non-maintained schools

(1) Subsection (2) below applies where--

(a) special educational provision in respect of a child with special educational needs is made at a school which is not a maintained school, and

(b) either the name of the school is specified in a statement in respect of the child under section 168 of this Act or the local education authority are satisfied that his interests require the necessary special educational provision to be made for him at a school which is not a maintained school and that it is appropriate for the child to be provided with education at the particular school.

(2) Where this subsection applies, the local education authority shall--

(a) pay the whole of the fees payable in respect of the education provided for him at the school, and

(b) if board and lodging are provided for the child at the school and the authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless the board and lodging are also provided, pay the whole of the fees payable in respect of the board and lodging.

(3) In this section, "maintained school" means--

(a) a school maintained by a local education authority,

(b) a grant-maintained school, and

Variation of deeds

191 Variation of trust deeds etc. by order

(1) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to a school as, after consultation with the governing body or other proprietor of the school, appear to him to be necessary to enable the governing body or proprietor to meet any requirement imposed by regulations under section 188 or 189 of this Act.

(2) Any modification made by an order under this section may be made to have permanent effect or to have effect for such period as may be specified in the order.

Part IV School Attendance

School attendance orders

192 School attendance orders

(1) If it appears to a local education authority that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education.

(2) That period shall not be less than fifteen days beginning with the day on which the notice is served.

(3) If--

(a) a parent on whom a notice has been served under subsection (1) above fails to satisfy the local education authority, within the period specified in the notice, that the child is receiving suitable education, and

(b) in the opinion of the authority it is expedient that the child should attend school,

the authority shall serve on the parent an order (referred to in this Act as a "school attendance order"), in such form as may be prescribed, requiring him to cause the child to become a registered pupil at a school named in the order.

(4) A school attendance order shall (subject to any amendment made by the local education authority) continue in force for so long as the child is of compulsory school age, unless--

(a) it is revoked by the authority, or

(b) a direction is made in respect of it under section 198(2) or 202(5) of this Act.

(5) Where a maintained or grant-maintained school is named in a school attendance order, the local education authority shall inform the governing body and the head teacher.

(6) Where a maintained or grant-maintained school is named in a school attendance order the governing body (and, in the case of a maintained school, the local education authority) shall admit the child to the school.

(7) Subsection (6) above does not affect any power to exclude from a school a pupil who is already a registered pupil there.

(8) In this section "suitable education", in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.

193 Choice of school: child without statement of special educational needs

(1) This section applies where a local education authority are required by virtue of section 192(3) of this Act to serve a school attendance order in respect of a child, other than a child for whom they maintain a statement under section 168 of this Act.

(2) Before serving the order, the authority shall serve on the parent a notice in writing--

(a) informing him of their intention to serve the order,

(b) specifying the school which the authority intend to name in the order and, if they think fit, one or more other schools which they regard as suitable alternatives, and

(3) If the notice specifies one or more alternative schools and the parent selects one of them within the period of fifteen days beginning with the day on which the notice is served, the school selected by him shall be named in the order.

(4) If--

(a) within the period mentioned in subsection (3) above--

(i) the parent applies for the child to be admitted to a school maintained by a local education authority and, where that authority are not the authority by whom the notice was served, notifies the latter authority of the application, or

(ii) the parent applies for the child to be admitted to a grant-maintained school and notifies the authority by whom the notice was served of the application, and

(b) the child is offered a place at the school as a result of the application,

that school shall be named in the order.

(5) If--

(a) within the period mentioned in subsection (3) above, the parent applies to the local education authority by whom the notice was served for education to be provided for the child at a school which is not maintained by a local education authority and is not a grant-maintained school, and

(b) the child is offered a place at the school under arrangements made by the authority under which the fees payable in respect of the education provided at the school are to be paid by them under section 6 of the [1953 c. 33.] Education (Miscellaneous Provisions) Act 1953,

that school shall be named in the order.

(6) If, within the period mentioned in subsection (3) above--

(a) the parent applies for the child to be admitted to a school which is not maintained by a local education authority and is not a grant-maintained school, and in respect of which no application is made under subsection (5) above, and notifies the local education authority by whom the notice was served of the application,

(b) the child is offered a place at the school as a result of the application, and

that school shall be named in the order.

194 Specification of schools in notices under section 193(2)

(1) Subject to subsection (3) below, a local education authority shall not, if it appears to them that subsection (2) below applies in relation to any school, specify the school in a notice under section 193(2) of this Act unless they are responsible for determining the arrangements for the admission of pupils to the school.

(2) This subsection applies where, if the child concerned were admitted to the school in accordance with a school attendance order resulting from the notice, the number of pupils at the school in the child's age group would exceed the number fixed--

(a) in the case of a maintained school, in accordance with section 26 of the [1988 c. 40.] Education Reform Act 1988 (admissions to county and voluntary schools), and

(b) in the case of a grant-maintained school, in accordance with sections 149 to 151 of this Act,

as the number of pupils in that age group which it is intended to admit to the school in the school year in which he would be admitted.

(3) Subsection (1) above does not prevent a local education authority specifying in a notice under section 193(2) of this Act any maintained or grant-maintained school if there is no maintained or grant-maintained school in their area--

(a) which subsection (1) above does not (apart from this subsection) prevent them from specifying, and

(b) which is, in their opinion, a reasonable distance from the home of the child concerned,

and, in the opinion of the authority, the school is a reasonable distance from the home of the child concerned.

(4) A local education authority shall not specify in a notice under section 193(2) of this Act a school from which the child concerned is permanently excluded.

(5) Before deciding to specify a particular maintained or grant-maintained school in a notice under section 193(2) of this Act a local education authority shall consult--

(a) the governing body, and

(b) if another local education authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.

(6) Where a local education authority decide to specify a particular maintained or grant-maintained school in a notice under section 193(2) of this Act they shall, before serving the notice, serve notice in writing of their decision on--

(a) the governing body and head teacher of the school, and

(b) if another local education authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.

(7) A governing body or local education authority on whom notice is served under subsection (6) above may, within the period of fifteen days beginning with the day on which the notice was received, apply to the Secretary of State for a direction under this section and if they do so, shall inform the local education authority which served the notice.

(8) Where the Secretary of State gives a direction under this section, the school or schools to be specified in the notice under section 193(2) of this Act shall be determined in accordance with the direction.

195 Amendment of order at request of parent: child without statement of special educational needs

(1) This section applies where a school attendance order is in force in respect of a child, other than a child for whom the local education authority maintain a statement under section 168 of this Act.

(2) If at any time--

(a) the parent applies for the child to be admitted to a school maintained by a local education authority or grant-maintained school which is different from the school named in the order,

(b) the child is offered a place at the school as a result of the application, and

(c) the parent requests the local education authority by whom the order was served to amend it by substituting that school for the one currently named,

the authority shall comply with the request.

(3) If at any time--

(a) the parent applies to the authority for education to be provided for the child at a school which is not maintained by a local education authority or a grant-maintained school and which is different from the school named in the order,

the authority shall comply with the request.

(4) If at any time--

(a) the parent applies for the child to be admitted to a school which is not maintained by a local education authority and is not a grant-maintained school, which is different from the school named in the order and in respect of which no application is made under subsection (3) above,

(b) as a result of the application, the child is offered a place at the school, being a school which is suitable to his age, ability and aptitude and to any special educational needs he may have, and

the authority shall comply with the request.

196 Choice of school: child with statement of special educational needs

(1) Subsections (2) and (3) below apply where a local education authority are required by virtue of section 192(3) of this Act to serve a school attendance order in respect of a child for whom they maintain a statement under section 168 of this Act.

(2) Where the statement specifies the name of a school that school shall be named in the order.

(3) Where the statement does not specify the name of a school--

(a) the authority shall, in accordance with paragraph 10 of Schedule 10 to this Act, amend the statement so that it specifies the name of a school, and

(b) that school shall then be named in the order.

(4) Where--

(a) a school attendance order is in force in respect of a child for whom the local education authority maintain a statement under section 168 of this Act, and

(b) the name of the school specified in the statement is changed,

the local education authority shall amend the order accordingly.

197 Revocation of order at request of parent

(1) This section applies where a school attendance order is in force in respect of a child.

(2) If at any time the parent applies to the local education authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education otherwise than at school, the authority shall comply with the request, unless they are of the opinion that no satisfactory arrangements have been made for the education of the child otherwise than at school.

(3) If a parent is aggrieved by a refusal of the local education authority to comply with a request under subsection (2) above, he may refer the question to the Secretary of State.

(4) Where a question is referred to the Secretary of State under subsection (3) above, he shall give such direction determining the question as he thinks fit.

(5) Where the child in question is one for whom the authority maintain a statement under section 168 of this Act--

(a) subsections (2) to (4) above do not apply if the name of a school or other institution is specified in the statement, and

(b) in any other case a direction under subsection (4) above may require the authority to make such amendments in the statement as the Secretary of State considers necessary or expedient in consequence of his determination.

(6) In this section, "suitable education" has the meaning given by section 192(8) of this Act.

School attendance: offences and education supervision orders

198 Offence: failure to comply with school attendance order

(1) If a parent on whom a school attendance order is served fails to comply with the requirements of the order, he is guilty of an offence, unless he proves that he is causing the child to receive suitable education otherwise than at school.

(2) If, in proceedings for an offence under this section, the parent is acquitted, the court may direct that the school attendance order shall cease to be in force.

(3) A direction under subsection (2) above does not affect the duty of the local education authority to take further action under section 192 of this Act if at any time the authority are of the opinion that having regard to any change of circumstances it is expedient to do so.

(4) In this section, "suitable education" has the meaning given by section 192(8) of this Act.

199 Offence: failure to secure regular attendance at school of registered pupil

(1) If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence.

(2) Subsections (3) to (6) below apply in proceedings for an offence under this section in respect of a child who is not a boarder at the school at which he is a registered pupil.

(3) The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school--

(a) with leave,

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

(4) The child shall not be taken to have failed to attend regularly at the school if the parent proves--

(a) that the school at which the child is a registered pupil is not within walking distance of the child's home, and

(b) that no suitable arrangements have been made by the local education authority or the funding authority for any of the following--

(i) his transport to and from the school,

(ii) boarding accommodation for him at or near the school, and

(iii) enabling him to become a registered pupil at a school nearer to his home.

(5) In subsection (4) above, "walking distance" means--

(a) in relation to a child who is under the age of eight years, two miles, and

(b) in relation to a child who has attained the age of eight years, three miles,

in each case measured by the nearest available route.

(6) If it is proved that the child has no fixed abode, subsection (4) above shall not apply, but the parent shall be acquitted if he proves--

(a) that he is engaged in a trade or business of such a nature as to require him to travel from place to place,

(b) that the child has attended at a school as a registered pupil as regularly as the nature of that trade or business permits, and

(c) if the child has attained the age of six years, that he has made at least two hundred attendances during the period of twelve months ending with the date on which the proceedings were instituted.

(7) In proceedings for an offence under this section in respect of a child who is a boarder at the school at which he is a registered pupil, the child shall be taken to have failed to attend regularly at the school if he is absent from it without leave during any part of the school term at a time when he was not prevented from being present by reason of sickness or any unavoidable cause.

(8) In this section "leave", in relation to a school, means leave granted by any person authorised to do so by the governing body or proprietor of the school.

200 Presumption of age

(1) This section applies for the purposes of any proceedings for an offence under section 198 or 199 of this Act.

(2) In so far as it is material, the child in question shall be presumed to have been of compulsory school age at any time unless the parent proves the contrary.

(3) Where a court is obliged by virtue of subsection (2) above to presume a child to have been of compulsory school age, section 95(1) of the [1944 c. 31.] Education Act 1944 (provisions as to evidence) does not apply.

201 Institution of proceedings and punishment

(1) Proceedings for an offence under section 198 or 199 of this Act shall not be instituted except by a local education authority.

(2) A person guilty of an offence under section 198 or 199 of this Act is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

202 Education supervision orders

(1) Before instituting proceedings for an offence under section 198 or 199 of this Act, a local education authority shall consider whether it would be appropriate (instead of or as well as instituting the proceedings) to apply for an education supervision order with respect to the child.

(2) The court--

(a) by which a person is convicted of an offence under section 198 of this Act, or

(b) before which a person is charged with an offence under section 199 of this Act,

may direct the local education authority instituting the proceedings to apply for an education supervision order with respect to the child unless the authority, having consulted the appropriate local authority, decide that the child's welfare will be satisfactorily safeguarded even though no education supervision order is made.

(3) Where, following such a direction, a local education authority decide not to apply for an education supervision order they shall inform the court of the reasons for their decision.

(4) Unless the court has directed otherwise, the information required under subsection (3) above shall be given to the court before the end of the period of eight weeks beginning with the date on which the direction was given.

(5) Where--

(a) a local education authority apply for an education supervision order with respect to a child who is the subject of a school attendance order, and

(b) the court decides that section 36(3) of the [1989 c. 41.] Children Act 1989 (education supervision orders) prevents it from making the order,

the court may direct that the school attendance order shall cease to be in force.

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