The Education Act 1993 and Local Administration of Education
| Author | Neville Harris |
| Published date | 01 March 1994 |
| Date | 01 March 1994 |
| DOI | http://doi.org/10.1111/j.1468-2230.1994.tb01935.x |
LEGISLATION
The
Education Act
1993
and Local Administration
of
Education
Neville
Harris
*
Introduction
The Education Act
1993,
the longest education measure ever to reach the statute
book in the
UK,
makes important, wide-ranging and controversial changes to
the education system in England and Wales. The Act aims ‘to set in place a new
framework for primary and secondary schools that will endure well into the next
century.’2 Most of the changes were first proposed in the White Paper,
Choice
and
Diver~ity,~
in
July
1992,
but the Government had a number of after-thoughts
-
so many, that, in all,
55
clauses were added to the Bill via Government
amendments as it progressed through Parliament. The changes made by the Act
must be seen in the light of the legislation underpinning and effecting education
reforms between
1980
-
92
,
which has subjected the education system to
increasing regulation, centralisation and consumerism
.4
The reforms have
changed fundamentally the power structure in the education system by giving
parents more say, schools more autonomy and central government more control.
As a direct or indirect consequence of the reforms, local education authorities
(LEAS) are being placed in an increasingly marginalised position in the education
systems5
Of
all the new provisions to be introduced as the Act is implemented, it is those
affecting local administration of education in particular that are set to have the
most profound impact
on
the schools system and on central-local relations with
regard to education. This article focuses primarily on these key changes.6
Nevertheless, a review
of
some of the other reforms is also necessary to appreciate
the importance of the legislation as a whole.
*Senior Lecturer in Law, University of Liverpool.
1
The Act has
308
sections and
21
Schedules, beating the previous record held by the Education Reform
Act
1988
(a mere
238
sections and
13
Schedules). Over
1,OOO
amendments to the Bill were tabled
during its passage through Parliament.
2
per Mr John Patten, Secretary of State for Education, HC Deb
vol213,
col627
(9
November
1992).
Having stressed that the Bill was a ‘landmark Bill’
(ibid),
Mr Patten was criticised by the Opposition
for not serving on a Standing Committee.
3
Cm2021.
4
See Hams,
Law
and
Education:
Regulation,
Consumerism
and
the
Education
System
(London: Sweet
&
Maxwell,
1993)
pp xix- xxiv,
1-24.
5
Note
also
the recent proposals
of
the National Commission on Education to place
local
responsibility
for educational provision with
local
Education and Training Boards:
Learning
to
Succeed
(London:
Heinemann,
1993)
pp
350-360.
6 The Act is considered at far greater length in various sections of Hams,
op
cit
n
4.
See
also
Hams,
?%e
Education
Act
1993:
Text
and
Commenrary,
Current Law Statutes Reprint (London: Sweet
&
Maxwell,
1993).
25
1
0
The Modern Law Review Limited 1994 (MLR
572,
March). Published by Blackwell Publishers.
108 Cowley Road,
Oxford
OX4 11F and
238
Main
Street,
Cambridge. MA 02142. USA.
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