Education Act 1996

Provision of services

508 Functions in respect of facilities for recreation and social and physical training

(1) A local education authority shall secure that the facilities for primary, secondary and further education provided for their area include adequate facilities for recreation and social and physical training.

(2) For that purpose a local education authority—

(a) may establish, maintain and manage, or assist the establishment, maintenance and management of,—

(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, secondary or further education;

(b) may organise games, expeditions and other activities for such persons; and

(c) may 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 shall, 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.

509 Provision of transport etc

(1) A local education authority shall make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purpose of facilitating the attendance of persons receiving education—

(a) at schools,

(b) at any institution maintained or assisted by the authority which provides further education or higher education (or both),

(c) at any institution within the further education sector, or

(d) at any institution outside both the further and the higher education sectors, where a further education funding council has secured provision for those persons at the institution under section 4(3) or (5) of the [1992 c. 13.] Further and Higher Education Act 1992.

(2) Any transport provided in pursuance of arrangements under subsection (1) shall be provided free of charge.

(3) A local education authority may pay the whole or any part, as they think fit, of the reasonable travelling expenses of any person receiving education—

(a) at a school, or

(b) at any such institution as is mentioned in subsection (1),

for whose transport no arrangements are made under that subsection.

(4) In considering whether or not they are required by subsection (1) to make arrangements in relation to a particular person, a local education authority shall have regard (amongst other things)—

(a) to the age of the person and the nature of the route, or alternative routes, which he could reasonably be expected to take; and

(b) to any wish of his parent for him to be provided with education at a school or institution in which the religious education provided is that of the religion or denomination to which his parent adheres.

(5) Arrangements made by a local education authority under subsection (1) shall—

(a) make provision for pupils at grant-maintained schools which is no less favourable than the provision made in pursuance of the arrangements for pupils at schools maintained by a local education authority;

(b) make provision for persons receiving full-time education at any institution within the further education sector which is no less favourable than the provision made in pursuance of the arrangements for pupils of the same age at schools maintained by a local education authority; and

(c) make provision for persons receiving full-time education at institutions mentioned in subsection (1)(d) which is no less favourable than—

(i) the provision made in pursuance of the arrangements for persons of the same age with learning difficulties (within the meaning of section 15(5)) at schools maintained by a local education authority, or

(ii) where there are no such arrangements, the provision made in pursuance of the arrangements for such persons for whom the authority secures the provision of education at any other institution.

(6) Regulations under section 414(6) may require publication (within the meaning of that section) by every local education authority of such information as may be required by the regulations with respect to the authority’s policy and arrangements for provision under this section for persons attending institutions mentioned in subsection (1)(c) or (d) who are over compulsory school age and who have not attained the age of 19.

510 Provision of clothing

(1) A local education authority may provide clothing for—

(a) any pupil who is a boarder at an educational institution maintained by the authority or at a grant-maintained school,

(b) any pupil at a nursery school maintained by the authority, and

(c) any pupil in a nursery class at a school maintained by the authority or at a grant-maintained school.

(2) A local education authority may also provide clothing for any pupil—

(a) for whom they are providing board and lodging elsewhere than at an educational institution maintained by them, and

(b) for whom special educational provision is made in pursuance of arrangements made by them.

(3) Where it appears to a local education authority, in a case where neither subsection (1) nor subsection (2) applies, that a pupil at—

(a) a school maintained by them or a grant-maintained school, or

(b) a special school (whether maintained by them or not),

is unable by reason of the inadequacy or unsuitability of his clothing to take full advantage of the education provided at the school, the authority may provide him with such clothing as in their opinion is necessary for the purpose of ensuring that he is sufficiently and suitably clad while he remains a pupil at the school.

(4) A local education authority may provide—

(a) for pupils at a school maintained by them, at a grant-maintained school or at an institution maintained by them which provides further education or higher education (or both),

(b) for persons who have not attained the age of 19 and who are receiving education at an institution within the further education sector, and

(c) for persons who make use of facilities for physical training made available for them by the authority under section 508(2),

such articles of clothing as the authority may determine suitable for the physical training provided at that school or institution or under those facilities.

(5) A local education authority may—

(a) with the consent of the proprietor of a school not maintained by the authority, other than a grant-maintained school or special school, and

(b) on such financial and other terms, if any, as may be determined by agreement between the authority and the proprietor,

make arrangements, in the case of any pupil at the school who is unable by reason of the inadequacy or unsuitability of his clothing to take full advantage of the education provided at the school, for securing for the pupil the provision of such clothing as is necessary for the purpose of ensuring that he is sufficiently and suitably clad while he remains a pupil at the school.

(6) Any arrangements made under subsection (5) shall be such as to secure, so far as is practicable, that the expense incurred by the authority in connection with the provision of any article under the arrangements does not exceed the expense which would have been incurred by them in the provision of it if the pupil had been a pupil at a school maintained by them.

511 Provisions supplementary to section 510

(1) Provision of clothing under section 510 may be made in such way as to confer either a right of property in the clothing or a right of user only (at the option of the providing authority), except in any circumstances for which the adoption of one or other of those ways of making such provision is prescribed.

(2) Where a local education authority have provided a person with clothing under section 510, then, in such circumstances respectively as may be prescribed—

(a) the authority shall require his parent to pay to them in respect of its provision such sum (if any) as in their opinion he is able to pay without financial hardship, not exceeding the cost to the authority of its provision;

(b) the authority may require his parent to pay to them in respect of its provision such sum as is mentioned in paragraph (a) or any lesser sum; or

(c) his parent shall not be required to pay any sum in respect of its provision.

(3) Any sum which a parent is duly required to pay by virtue of subsection (2)(a) or (b) may be recovered summarily as a civil debt.

(4) Where a person who has attained the age of 18 (other than a registered pupil at a school) is provided with clothing under section 510, any reference in subsection (2) or (3) to his parent shall be read as a reference to him.

512 Provision of meals etc. at schools maintained by local education authorities

(1) A local education authority may provide registered pupils at any school maintained by them with milk, meals and other refreshment, either on the school premises or at any place other than the school premises where education is being provided.

(2) Subject to subsection (3), a local education authority shall—

(a) charge for anything provided by them under subsection (1), and

(b) charge every pupil the same price for the same quantity of the same item.

(3) In relation to a pupil whose parents are in receipt of income support or of an income-based jobseeker’s allowance (payable under the [1995 c. 18.] Jobseekers Act 1995) or who is himself in receipt of that benefit, a local education authority—

(a) shall so exercise their power under subsection (1) as to ensure that such provision is made for him in the middle of the day as appears to them to be requisite, and

(b) shall make that provision for him free of charge.

(4) A local education authority shall provide at any school maintained by them such facilities as they consider appropriate for the consumption of any meals or other refreshment brought to the school by registered pupils.

(5) Subsections (1) and (4) shall apply in relation to—

(a) persons, other than pupils, who receive education at a school maintained by a local education authority, and

(b) the authority maintaining the school,

as they apply in relation to pupils at any such school and the authority maintaining the school; and a local education authority shall charge for anything provided under subsection (1) as it so applies, and shall charge every such person the same price for the same quantity of the same item.

513 Provision of meals etc. at schools not maintained by local education authorities

(1) A local education authority may, with the consent of the proprietor of a school in their area which is not maintained by them, make arrangements for securing the provision of milk, meals and other refreshment for pupils in attendance at the school.

(2) Any arrangements under this section—

(a) shall be on such financial and other terms, if any, as may be determined by agreement between the authority and the proprietor of the school; and

(b) shall be such as to secure, so far as is practicable, that the expense incurred by the authority in connection with the provision of any service or item under the arrangements shall not exceed the expense which would have been incurred by them in providing it if the pupil had been a pupil at a school maintained by them.

514 Provision of board and lodging otherwise than at school

(1) Where a local education authority are satisfied with respect to any pupil—

(a) that primary or secondary education suitable to his age, ability and aptitude and to any special educational needs he may have can best be provided for him at a particular county, voluntary, grant-maintained or special school, but

(b) that such education cannot be so provided unless boarding accommodation is provided for him otherwise than at the school,

they may provide such board and lodging for him under such arrangements as they think fit.

(2) Where a local education authority are satisfied with respect to a pupil with special educational needs that provision of board and lodging for him is necessary for enabling him to receive the required special educational provision, they may provide such board and lodging for him under such arrangements as they think fit.

(3) In making any arrangements under this section, a local education authority shall, so far as practicable, give effect to the wishes of the pupil’s parent as to the religion or religious denomination of the person with whom the pupil will reside.

(4) Subject to subsection (5), where a local education authority have provided a pupil with board and lodging under arrangements under this section, they shall require the pupil’s parent to pay them such sums, if any, in respect of the board and lodging as in their opinion he is able to pay without financial hardship.

(5) No sum is recoverable under subsection (4) if the arrangements were made by the authority on the ground that in their opinion education suitable to the pupil’s age, ability and aptitude or special educational needs could not otherwise be provided for him.

(6) The sums recoverable under subsection (4) shall not exceed the cost to the authority of providing the board and lodging.

(7) Any sum payable under subsection (4) may be recovered summarily as a civil debt.

515 Provision of teaching services for day nurseries

(1) Subject to subsection (2), a local education authority may, in accordance with arrangements made by them for that purpose, make available to a day nursery the services of any teacher who—

(a) is employed by them in a nursery school or in a primary school having one or more nursery classes, and

(b) has agreed to provide his services for the purposes of the arrangements.

(2) Arrangements under subsection (1) in respect of a teacher in a voluntary school require the concurrence of the governing body of the school.

(3) Arrangements under this section may make provision—

(a) for the supply of equipment for use in connection with the teaching services made available under the arrangements;

(b) for regulating the respective functions of any teacher whose services are made available under the arrangements, the head teacher of his school and the person in charge of the day nursery; and

(c) for any supplementary or incidental matters connected with the arrangements, including, where the teacher’s school and the day nursery are in the areas of different local education authorities, financial adjustments between those authorities.

(4) In this section “day nursery” means a day nursery provided under section 18 of the [1989 c. 41.] Children Act 1989 (provision by local authorities of day care for pre-school and other children).

(5) A teacher shall not be regarded as ceasing to be a member of the teaching staff of his school and subject to the general directions of his head teacher by reason only of his services being made available in pursuance of arrangements under this section.

516 Supply by LEA of goods and services to grant-maintained and grant-maintained special schools

(1) Where the Secretary of State by order provides for this section to apply to a local education authority, the functions of the authority shall include the supply by the authority of such goods or services as may be specified in the order to the governing bodies of grant-maintained schools or grant-maintained special schools in such area as may be so specified.

(2) The area specified in the order may not extend beyond the area which comprises—

(a) the area of the authority, and

(b) the area of any other local education authority which shares any boundary with the authority.

(3) The terms on which goods and services are supplied by a local education authority in the exercise of a function exercisable by virtue of this section shall be such as can reasonably be expected to secure that the full cost of exercising the function is recovered by the authority.

(4) This section shall not apply to a local education authority after the end of the period of two years beginning with the time when it first applies to the authority.

(5) This section is without prejudice to the generality of any other enactment conferring functions on local education authorities.