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Access to Education Entitlements Service
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Equality Act 2010
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- This Act consolidates the law prohibiting discrimination, harassment and victimisation and expands the list of protected characteristics. All schools must have due regard to their obligations under the Act and review their policies and practices to make sure these meet the requirements of the Act, even if they believe that they are already operating in a non- discriminatory way.
- An admission authority must not discriminate on the grounds of disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; or sexual orientation, against a person in the arrangements and decisions it makes as to who is offered admission as a pupil.
• An admission authority must not harass a person who has applied for admission as a pupil, in relation to their disability; race; or sex.
- An admission authority must not victimise a person in relation to a protected act either done, or believed to have been done by that person (e.g. bringing proceedings under the Equality Act 2010) in the arrangements and decisions it makes as to who is offered admission as a pupil.
- This Act contains limited exceptions to the prohibition of discrimination on grounds of religion or belief and sex. Schools designated by the Secretary of State as having a religious character are exempt from some aspects of the prohibition of discrimination on the grounds of religion or belief and this means they can make a decision about whether or not to admit a child as a pupil on the basis of religion or belief. Single-sex schools are lawfully permitted to discriminate on the grounds of sex in their admission arrangements.
- Admission authorities (including local authorities) are also subject to the Public Sector Equality Duty and therefore must have due regard to the need to eliminate discrimination, harassment and victimisation, advance equality of opportunity, and foster good relations in relation to persons who share a relevant protected characteristic and persons who do not share it.
- The protected characteristics for these purposes are: disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; and sexual orientation.
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Human Rights Act 1998
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- The Human Rights Act 1998 confers a right of access to education.
- This right does not extend to securing a place at a particular school. Admission authorities, however, do need to consider parents’ reasons for expressing a preference when they make admission decisions, though this may not necessarily result in the allocation of a place. These might include, for example, the parents’ rights to ensure that their child’s education conforms to their own religious or philosophical convictions (as far as is compatible with the provision of efficient instruction and the avoidance of unreasonable public expenditure).
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Admissions and related functions
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School Standards and Framework Act 1998
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- Chapter 1 of Part 3 of the School Standards and Framework Act 1998 contains the key provisions regarding schools admissions, including the statutory basis for this Code.
- Section 86 of the SSFA 1998 provides that the admission authority for a maintained school (with the exception of those that select wholly by ability) must comply with any preference expressed by a parent except where to do so would prejudice the provision of efficient education or the efficient use of resources.
- Section 94 of the SSFA 1998 provides that parents (and in some circumstances children) may appeal against a decision to refuse admission to the school. Two or more admission authorities in the same local authority area may make joint arrangements.
- The Codes largely include the provisions relating to school admissions made in regulations. The most relevant regulations are:
a) The School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012;
b) The School Admissions (Infant Class Sizes) (England) Regulations 2012;
c) The School Admissions (Appeals) (England) Regulations 2022; and
d) The School Information (England) Regulations 2008
- School Admissions Appeals Code – Statutory guidance for school leaders, governing bodies and local authorities October 2022
- School Admissions Code – September 2021.
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School Attendance/Children Missing Education
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The Education Act 1996
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- S7 Parent duty to ensure compulsory school aged child is educated.
- S8 Definition of compulsory school age.
- S436A Duty of the Local Authority to make arrangements to ascertain identities of children in the area who are compulsory school age, not registered at school and not in receipt of education otherwise than at school.
- S437 Duty of the Local Authority to issue a school attendance order where it appears that a child in their area is not receiving suitable education, either by regular attendance at school or otherwise.
- S438 Choice of school for a child without EHC plan or statement.
- S439 Specification of schools in notices under section 438.
- S440 Amendment of a school attendance order at the request of parent.
- S441 Choice of school for child with EHC plan or statement.
- S442 Revocation of a school attendance order at the request of parent.
- S443 Offence of failing to comply with a school attendance order.
- S444 Offence of failing to secure regular attendance at school of registered pupil.
- S444A Penalty notice in respect of failure to secure regular attendance at school of registered pupil.
- S444B Regulations in respect of penalty notices.
- S446 Proceedings under s444 can only be instituted by a local authority.
- S447 Duty of the Local Authority to consider whether applying for an education supervision order as well as or instead of prosecution under s443 or s444.
- S576 Meaning of "parent" to include any person who is not a parent but who has parental responsibility or who has care of the child.
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The Children Act 1989
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- S36 Power of the court to make an education supervision order for a child who is not compulsory school age and not being properly educated.
- Sch 3 Effect and power granted via Supervision Orders.
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The Crime and Disorder Act 1998
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- Part 1 Chapter 1 Sections 8 - 10 Parenting orders.
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The Anti-social Behaviour Act 2003
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- S19 Parenting contracts for misbehaviour at school or truancy.
- S20 Parenting orders in cases of exclusion or potential exclusion from school.
- S21 Parenting Orders additional information.
- S23 Penalty notices for parents in cases of truancy.
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The Education and Inspections Act 2006
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- S4 Duty on the Local Authority to identify children not receiving suitable education.
- S109 defences for an offence under S444 Education Act 1996.
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The Sentencing Act 2020
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- S375 Offence of failure to comply with a parenting order
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The Education (Pupil Registration) (England) Regulations 2006
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Outlines requirements on schools in keeping admissions and attendance registers including provision for when a leave of absence can be granted and by whom, when a child shall be deleted from the register, register inspection requirements and requirement on the school to provide regular returns to the Local Authority for children who have been regularly absent or absent for 10 school days or more.
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The Education (Pupil Registration) (England) Regulations 2013
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Amended the 2006 regulations to remove the use of 'special' circumstances as criteria for a leave of absence to be granted and clarified grounds for removal from roll where a child is in year 11 and not proceeding to 6th form at the school.
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The Education (Parenting Contracts and Parenting Orders) (England) Regulations 2007
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Outlines legal context for Parenting contracts and Parenting Orders in relation to excluded pupils including prescribed conditions, relevant timescales costs and powers of local authorities and governing bodies.
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The Education (Penalty Notices) (England) Regulations 2007
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Outlines details for education related penalty notices including the form and content of the fine, fine amounts, payment periods, grounds for withdrawal, action to be taken in the event of non-payment, requirement for a code of conduct and permitted use of sums received for penalty notices.
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The Education (Penalty Notices) (England) (Amendment) Regulations 2012
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Increased amounts of education related penalty notices to £120 (£60 if paid in 21 days).
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The Education (Penalty Notices) (England) (Amendment) Regulations 2013
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Changed payment deadlines to 21 and 28 days.
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The Education and Skills Act 2008
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S155 Application of S444 of Education Act to alternative education provision.
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