Education and Inspections Act 2006
| Jurisdiction | UK Non-devolved |
Education and Inspections Act 2006
2006 Chapter 40
An Act to make provision about primary, secondary and further education and about training; to make provision about food or drink provided on school premises or in connection with the provision of education or childcare; to provide for the establishment of an Office for Standards in Education, Children's Services and Skills and the appointment of Her Majesty's Chief Inspector of Education, Children's Services and Skills and make provision about the functions of that Office and that Chief Inspector; to provide for the amendment of references to local education authorities and children's services authorities; to amend section 29 of the Leasehold Reform Act 1967 in relation to university bodies; and for connected purposes.
[8th November 2006]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1
Education functions of local authorities
1 Duties in relation to high standards and the fulfilment of potential
For section 13A of EA 1996 substitute—
13A ‘Duty to promote high standards and the fulfilment of potential
(a) promoting high standards,
(b) in the case of a local education authority in England, ensuring fair access to educational opportunity, and
(c) promoting the fulfilment by every child concerned of his educational potential.
(a) children of compulsory school age (whether at school or otherwise); and
(b) children under or over that age who are registered as pupils at schools maintained by the authority,
and in subsection (1) "functions" means functions of whatever nature.
(3) In this section "child" means a person under the age of 20.
2 Duties in relation to diversity and choice
In section 14 of EA 1996 (functions of local education authorities in relation to the provision of primary and secondary education) after subsection (3) insert—
‘(3A) A local education authority in England shall exercise their functions under this section with a view to—
(a) securing diversity in the provision of schools, and
(b) increasing opportunities for parental choice.
3 Duty to consider parental representations
After section 14 of EA 1996 insert—
14A ‘Duty of local education authority to consider parental representations
(a) consider the representation and what action (if any) to take in response to it, and
(i) any action which the authority propose to take in response to the representation, or
(ii) where the authority are of the opinion that no such action is necessary, their reasons for being of that opinion.
(2) In subsection (1) "qualifying child", in relation to a local education authority, means any child in the authority's area who is of or under compulsory school age.
(a) appears to the local education authority to be frivolous or vexatious, or
(b) is the same as, or similar to, a representation previously received by the authority from the same person.
(4) In exercising their functions under this section, a local education authority must have regard to any guidance given from time to time by the Secretary of State.
4 Duty to identify children not receiving education
(1) In Chapter 2 of Part 6 of EA 1996 (school attendance) before the cross-heading preceding section 437 insert—
‘Children not receiving suitable education
436A Duty to make arrangements to identify children not receiving education
(a) are not registered pupils at a school, and
(b) are not receiving suitable education otherwise than at a school.
(2) In exercising their functions under this section a local education authority must have regard to any guidance given from time to time by the Secretary of State.
(3) In this Chapter, "suitable education", in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.
’
(2) In section 437 of EA 1996, in subsection (8) omit the definition of ‘suitable education’.
(3) In section 580 of EA 1996 (index) for the entry in the second column which relates to the expression ‘suitable education (in Chapter 2 of Part 6)’ substitute ‘section 436A(3)’.
5 School improvement partners
(1) A local education authority in England must appoint, in relation to each maintained school which they maintain, a person (to be known as a school improvement partner) to provide advice to the governing body and head teacher of the school with a view to improving standards at the school.
(2) A person may not be appointed as, or remain, a school improvement partner unless he is for the time being accredited for the purposes of this section—
(a) by the Secretary of State, or
(b) by a person authorised by the Secretary of State to accredit persons for those purposes.
(3) Regulations may prescribe other requirements to be met by local education authorities in connection with the appointment of school improvement partners.
(4) Regulations may confer functions in relation to school improvement partners on local education authorities or on the governing bodies of maintained schools.
(5) Regulations may provide that in prescribed circumstances a person employed or engaged by a local education authority before the commencement of this section is to be taken to have been appointed by them as a school improvement partner.
(6) In this section—
"maintain", in relation to a maintained school, has the same meaning as in SSFA 1998;
"maintained school" means— (a) a community, foundation or voluntary school, or (b) a community or foundation special school;
"prescribed" means prescribed by regulations;
"regulations" means regulations made by the Secretary of State.
6 Functions in respect of youth work, recreation etc
(1) Before section 508 of EA 1996 (functions of LEA in respect of facilities for recreation and social and physical training), and immediately after the cross-heading which precedes that section, insert—
507A ‘LEAs in England: functions in respect of recreational and training facilities for children under 13
(1) A local education authority in England must secure that the facilities for primary and secondary education provided for their area include adequate facilities for recreation and social and physical training for children who have not attained the age of 13.
(2) For the purposes of subsection (1) a local education authority may—
(i) camps, holiday classes, playing fields, play centres, and
(ii) other places, including playgrounds, gymnasiums and swimming baths not appropriated to any school or other educational institution,
at which facilities for recreation and social and physical training are available for persons receiving primary or secondary education;
(b) organise games, expeditions and other activities for such persons; and
(c) defray, or contribute towards, the expenses of such games, expeditions and other activities.
(3) When making arrangements for the provision of facilities or the organisation of activities in the exercise of their powers under subsection (2), a local education authority must, 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.
507B LEAs in England: functions in respect of leisure-time activities etc for persons aged 13 to 19 and certain persons aged 20 to 24
(1) A local education authority in England must, so far as reasonably practicable, secure for qualifying young persons in the authority's area access to—
(a) sufficient educational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities; and
(b) sufficient recreational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities.
(2) "Qualifying young persons", for the purposes of this section, are—
(a) persons who have attained the age of 13 but not the age of 20; and
(b) persons who have attained the age of 20 but not the age of 25 and have a learning difficulty (within the meaning of section 13(5)(a) and (6) of the Learning and Skills Act 2000).
(3) For the purposes of subsection (1)(a)—
(a) "sufficient educational leisure-time activities" which are for the improvement of the well-being of qualifying young...
To continue reading
Request your trial