Education Act 2002

General duties of [F1 local authorities] and governing bodies E+W

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(3)

175 Duties F2 ... in relation to welfare of children E+W

(1) A [F3 local authority] shall make arrangements for ensuring that [F4 their education functions] are exercised with a view to safeguarding and promoting the welfare of children.

(2) The governing body of a maintained school shall make arrangements for ensuring that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school.

(3) The governing body of an institution within the further education sector shall make arrangements for ensuring that their functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution.

[F5 (3A) The proprietor of a 16 to 19 Academy must make arrangements to ensure that the proprietor's functions relating to the conduct of the Academy are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the Academy.

(3B) The Secretary of State may not—

(a) enter into an agreement with the proprietor of an institution in England for the provision of further education, unless the agreement requires the proprietor to comply with the safeguarding duties, or

(b) give financial assistance under section 14 to the proprietor of an institution in England for the provision of further education unless the assistance is given on terms requiring the proprietor to comply with the safeguarding duties,

but this subsection does not restrict the Secretary of State's powers to enter into an agreement with, or give financial assistance to, an institution to which subsection (3) or (3A) applies.

(3C) “The safeguarding duties” are—

(a) a duty to make arrangements to ensure that the proprietor's functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution, and

(b) a duty to have regard to any guidance given from time to time by the Secretary of State in considering what arrangements are required.]

(4) [F6 A person] mentioned in any of subsections (1) to [F7 (3A)] shall, in considering what arrangements are required to be made by them under that subsection, have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.

(5) In this section—

• “child” means a person under the age of eighteen;

• “governing body”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13);

• “maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school.

• [F8 “proprietor”, in relation to an institution that is not a school, means the person or body of persons responsible for the management of the institution.]

Textual Amendments

F2 Words in s. 175 heading omitted (29.6.2021) by virtue of Education and Training (Welfare of Children) Act 2021 (c. 16), ss. 1(6), 3(2)

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F4 Words in s. 175(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(11)

F5 S. 175(3A)-(3C) inserted (29.6.2021) by Education and Training (Welfare of Children) Act 2021 (c. 16), ss. 1(3), 3(2)

F6 Words in s. 175(4) substituted (29.6.2021) by Education and Training (Welfare of Children) Act 2021 (c. 16), ss. 1(4)(a), 3(2)

F7 Word in s. 175(4) substituted (29.6.2021) by Education and Training (Welfare of Children) Act 2021 (c. 16), ss. 1(4)(b), 3(2)

F8 Words in s. 175(5) inserted (29.6.2021) by Education and Training (Welfare of Children) Act 2021 (c. 16), ss. 1(5), 3(2)

Modifications etc. (not altering text)

C1 S. 175(2)(4) applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 19A (as inserted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(3))

Commencement Information

I1 S. 175 in force at 1.6.2004 except in relation to W. by S.I. 2004/1318, art. 2

I2 S. 175 in force at 1.9.2006 for W. by S.I. 2006/172, art. 5

F9 176 Consultation with pupils E+W

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Textual Amendments

F9 S. 176 repealed (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 12(3), 75(3), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (with Sch. 2, Sch. 3)

Commencement Information

I3 S. 176 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I4 S. 176 in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2