508I Complaints about transport arrangements etc for young adult for whom EHC plan is maintained: England
(1) A local authority may revise a statement prepared under section 508G to change any matter specified under subsection (3) of that section if, as a result of a relevant young adult transport complaint, they have come to consider the change necessary for a purpose mentioned in section 508F(2) or (3).
(2) A local authority must revise a statement prepared under section 508G to change any matter specified in subsection (3) of that section if, as a result of a relevant young adult transport complaint, the Secretary of State has directed them to do so.
(3) An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable.
(4) The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc) or subsection (2) of this section in response to a matter that is, or could have been, the subject of a relevant young adult transport complaint made to him or her unless satisfied that—
(a) the matter has been brought to the notice of the local authority concerned, and
(b) the authority have had a reasonable opportunity to investigate the matter and respond.
(5) In this section “relevant young adult transport complaint” means a complaint that is—
(a) about a local authority’s exercise of, or failure to exercise, a function under section 508F or 508G in relation to relevant young adults, and
(b) made by a person who is, or will be, a relevant young adult when the matter complained of has effect, or by a parent of such a person,
and “relevant young adult” has the meaning given in section 508F.
(6) For the purposes of sections 508G(7) and 508H, the revision of a statement under this section is to be treated as the preparation of a statement under section 508G.
(7) Where a local authority have published in a single document a statement prepared under section 509AA and a statement prepared under 508G, the requirement to publish a revised statement under subsection (3) is to be treated as a requirement to publish a version of the document that includes the revised statement.
509AA Local authorities in England: provision of transport etc. for persons of sixth form age
(1) A local authority in England shall prepare for each academic year a transport policy statement complying with the requirements of this section.
(2) The statement shall specify the arrangements for the provision of transport or otherwise that the authority consider it necessary to make for facilitating the attendance of persons of sixth form age receiving education or training—
(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, ...
(ca) at any 16 to 19 Academy, or
(d) at any establishment (not falling within paragraph (b), (c) or (ca)) at which the authority secures the provision of education or training under section 15ZA(1) ... .
(3) The statement shall specify the arrangements that the authority consider it necessary to make for the provision of financial assistance in respect of the reasonable travelling expenses of persons of sixth form age receiving education or training at any establishment such as is mentioned in subsection (2).
(4) The statement shall specify the arrangements proposed to be made by the governing bodies of—
(a) schools maintained by the authority at which education suitable to the requirements of persons over compulsory school age is provided, and
(b) institutions within the further education sector in the authority’s area,
for the provision of transport for facilitating the attendance of persons of sixth form age receiving education or training at the schools and institutions and for the provision of financial assistance in respect of the travelling expenses of such persons.
(5) Those governing bodies shall co-operate in giving the local authority any information and other assistance that is reasonably required by the authority for the performance of their functions under this section and section 509AB.
(6) The statement shall specify any travel concessions (within the meaning of Part 5 of the Transport Act 1985 (c. 67)) which are to be provided under any scheme established under section 93 of that Act to persons of sixth form age receiving education at any establishment such as is mentioned in subsection (2) above in the authority’s area.
(7) The authority shall—
(a) publish the statement, in a manner which they consider appropriate, on or before 31st May in the year in which the academic year in question begins, and
(b) make, and secure that effect is given to, any arrangements specified under subsections (2) and (3).
(8) Nothing in this section prevents a local authority from making, at any time in an academic year, arrangements—
(a) which are not specified in the transport policy statement published by the authority for that year, but
(b) which they have come to consider necessary for the purposes mentioned in subsections (2) and (3).
(9) The Secretary of State may, if he considers it expedient to do so, direct a local authority to make for any academic year—
(a) arrangements for the provision of transport or otherwise for facilitating the attendance of persons of sixth form age receiving education or training at establishments such as are mentioned in subsection (2), or
(b) arrangements for providing financial assistance in respect of the reasonable travelling expenses of such persons,
which have not been specified in the transport policy statement published by the authority for that academic year.
(9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) The Secretary of State ... may by order amend subsection (7)(a) to change the time by which the statement must be published .
(11) Subsection (9) is subject to section 509AE (complaints about transport arrangements etc for persons of sixth form age in England).
509AB Local authorities in England: further provision about transport policy statements for persons of sixth form age
(1) A statement prepared under section 509AA shall state to what extent arrangements specified in accordance with subsection (2) of that section include arrangements for facilitating the attendance at establishments such as are mentioned in that subsection of disabled persons and persons with learning difficulties or disabilities.
(2) A statement prepared under that section shall—
(a) specify arrangements for persons receiving full-time education or training at establishments other than schools maintained by the local authority which are no less favourable than the arrangements specified for pupils of the same age attending such schools, and
(b) specify arrangements for persons with learning difficulties or disabilities receiving education or training at establishments other than schools maintained by the authority which are no less favourable than the arrangements specified for pupils of the same age with learning difficulties or disabilities attending such schools.
(3) In considering what arrangements it is necessary to make for the purposes mentioned in subsections (2) and (3) of section 509AA the local authority shall have regard (amongst other things) to—
(a) the needs of those for whom it would not be reasonably practicable to attend a particular establishment to receive education or training if no arrangements were made,
(b) the need to secure that persons in their area have reasonable opportunities to choose between different establishments at which education or training is provided,
(ba) what they are required to do under section 15ZA(1) in relation to persons of sixth form age,
(c) the distances, and journey times, between the homes of persons of sixth form age in their area and establishments such as are mentioned in section 509AA(2) at which education or training suitable to their needs is provided, and
(d) the cost of transport to the establishments in question and of any alternative means of facilitating the attendance of persons receiving education or training there.
(3A) In considering whether or not it is necessary to make arrangements for those purposes in relation to a particular person, a local authority in England shall have regard (amongst other things) to the nature of the route, or alternative routes, which he could reasonably be expected to take.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In preparing a statement under section 509AA a local authority shall have regard to any guidance issued under this section by the Secretary of State.
(6) In preparing a statement under that section a local authority shall consult—
(a) any other local authority that they consider it appropriate to consult,
(b) the governing bodies mentioned in subsection (4) of that section,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ca) persons in the local authority's area who will be of sixth form age when the statement has effect, and their parents,
(d) any other person specified for the purposes of this section by the Secretary of State ...
(7) In preparing a statement under that section a local authority shall also consult—
(a) where they are a district council for an area in a metropolitan county, the Integrated Transport Authority for that county, and
(b) where they are a London borough council or the Common Council of the City of London, Transport for London.
(7A) In preparing and publishing a statement under section 509AA, a local authority must have regard (among other things) to the need to—
(a) include in the statement sufficient information about the matters that the statement must specify, and
(b) publish the statement in time,
to enable persons who will be of sixth form age when the statement has effect and their parents to take reasonable account of those matters when choosing between different establishments at which education or training is provided.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) For the purposes of sections 509AA and 509AB a person receiving education or training at an establishment is of sixth form age if he is over compulsory school age but—
(a) is under the age of 19, or
(b) has begun a particular course of education or training at the establishment before attaining the age of 19 and continues to attend that course.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) References in section 509AB to persons with learning difficulties or disabilities are to be construed in accordance with section 15ZA(6) and (7).
(5) In sections 509AA and 509AB and this section—
“academic year” means any period commencing with 1st August and ending with the next 31st July;
“disabled person” has the same meaning as in the Equality Act 2010;
“establishment” means an establishment of any kind, including a school or institution;
“governing body”, in relation to an institution within the further education sector, has the same meaning as in the Further and Higher Education Act 1992.
(6) The Secretary of State may by order amend the definition of “academic year” in subsection (5) ... .
(...) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
509AD Local authorities in England: duty to have regard to religion or belief in exercise of travel functions
(1) A local authority in England must have regard, amongst other things, in exercising any of their travel functions in relation to or in connection with the travel of a person or persons to or from a school, institution or other place,
(a) to any wish of a parent of such a person for him to be provided with education or training at a particular school, institution or other place where that wish is based on the parent's religion or belief, and
(b) in a case where the person in question (or any of the persons in question) is of sixth form age (within the meaning given in section 509AC(1)), to any wish of that person to be provided with education or training at a particular school, institution or other place where that wish is based on the person's religion or belief.
(2) The “travel functions” of a local authority in England are their functions under any of the following provisions—
section 508A (duty to promote sustainable modes of travel etc);
section 508B (travel arrangements for eligible children);
section 508C (travel arrangements etc for other children);
section 508E and Schedule 35C (school travel schemes);
section 508F (local authorities in England: provision of transport etc for adult learners);
section 509AA (transport etc for persons of sixth form age).
(3) For the purposes of this section—
(a) “religion” means any religion,
(b) “belief” means any religious or philosophical belief,
(c) a reference to religion includes a reference to lack of religion, and
(d) a reference to belief includes a reference to lack of belief.
509AE Complaints about transport arrangements etc for persons of sixth form age in England
(1) A local authority may revise a statement prepared under section 509AA to change the arrangements specified under subsection (2) or (3) of that section if, as a result of a sixth form transport complaint, they have come to consider the change necessary for the purpose of the arrangements specified under the subsection in question.
(2) A local authority must revise a statement prepared under section 509AA to change the arrangements specified under subsection (2) or (3) of that section if, as a result of a sixth form transport complaint, the Secretary of State has directed them to do so.
(3) An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable.
(4) The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc), section 509AA(9) (power to require local authority to make additional transport arrangements), or subsection (2) of this section in response to a matter that is, or could have been, the subject of a sixth form transport complaint made to him or her unless satisfied that—
(a) the matter has been brought to the notice of the local authority concerned, and
(b) the authority have had a reasonable opportunity to investigate the matter and respond.
(5) In this section “sixth form transport complaint” means a complaint that is—
(a) about a local authority's exercise of, or failure to exercise, a function under sections 509AA to 509AD in relation to persons of sixth form age, and
(b) made by a person who is, or will be, a person of sixth form age when the matter complained of has effect, or by a parent of such a person,
and “sixth form age” is to be construed in accordance with section 509AC(1).
(6) For the purposes of sections 509AA(8) and (9), 509AB(1) to (5), 509AC and 509AD, the revision of a statement under this section is to be treated as the preparation of a statement under section 509AA.
(7) Where a local authority have published in a single document a statement prepared under section 508G and a statement prepared under 509AA, the requirement to publish a revised statement under subsection (3) is to be treated as a requirement to publish a version of the document that includes the revised statement.
509A Local authorities in England: travel arrangements for children receiving early years education otherwise than at school.
(1) A local authority in England may provide a child with assistance under this section if they are satisfied that, without such assistance, he would be prevented from attending at any premises—
(a) which are not a school or part of a school, but
(b) at which relevant early years education is provided,
for the purpose of receiving such education there.
(2) The assistance which may be provided for a child under this section consists of either—
(a) making arrangements (whether for the provision of transport or otherwise) for the purpose of facilitating the child’s attendance at the premises concerned, or
(b) paying the whole or any part of his reasonable travel expenses.
(3) When considering whether to provide a child with assistance under this section in connection with his attendance at any premises, a local authority may have regard (among other things) to whether it would be reasonable to expect alternative arrangements to be made for him to receive relevant early years education at any other premises (whether nearer to his home or otherwise).
(4) Where the assistance to be provided for a child under this section consists of making arrangements for the provision of transport, the authority may, if they consider it appropriate to do so, determine that the assistance shall not be so provided unless—
(a) the child’s parent, or
(b) the person providing the relevant early years education concerned,
agrees to make to the authority such payments in respect of the provision of the transport (not exceeding the cost to the authority of its provision) as they may determine.
(4A) Regulations made by the Secretary of State may require a local authority to publish, at such times and in such manner as may be prescribed, such information as may be prescribed with respect to the authority’s policy and arrangements relating to the making of provision under this section.
(5) In this section “relevant early years education” means—
(a) ... early years provision as defined by section 20 of the Childcare Act 2006 which is
(i) provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision); or
(ii) provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision);
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A local 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 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 or additional learning provision (as the case may be) is made in pursuance of arrangements made by them.
(3) Where it appears to a local 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 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 or a 16 to 19 Academy, and
(c) for persons who make use of facilities for physical training secured by the authority under section 507A or 507B (if the authority are in England) or made available by the authority for such persons under section 508(2) (if the authority are in Wales) ,
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 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.
(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 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 Local authorityfunctions concerning provision of meals, etc.
(1) A local authority may provide—
(a) registered pupils at any school maintained by the authority,
(b) other persons who receive education at such a school, and
(c) children who receive relevant funded early years education,
with milk, meals and other refreshments.
(2) Where provision is made under subsection (1), it shall be made—
(a) in a case within paragraph (a) or (b) of that subsection, either on the school premises or at any other place where education is being provided, and
(b) in a case within paragraph (c) of that subsection, at any place where education is being provided.
(3) A local authority shall exercise their power under subsection (1) to provide school lunches for any person within paragraph (a) or (c) of that subsection if—
(a) any prescribed requirements are met,
(b) a request for the provision of school lunches has been made by or on behalf of that person to the authority, and
(c) either—
(i) that person is eligible for free lunches (within the meaning of section 512ZB(2)), or
(ii) in the case of a person within subsection (1)(a), it would not be unreasonable for the authority to provide the lunches.
(4) Subject to section 114A(4) of the School Standards and Framework Act 1998 (requirements for food and drink provided on school premises etc, any school lunches provided by a local authority in England pursuant to subsection (3) may take such form as the authority think fit.
(4A) Subject to section 4 of the Healthy Eating in Schools (Wales) Measure 2009, any school lunches provided by a local authority in Wales pursuant to subsection (3) may take such form as the authority think fit.
(5) A local 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.
(6) In this section—
“prescribed” means prescribed by the Secretary of State by order;
“relevant funded early years education”, in relation to a local authority in England, means early years provision as defined by section 20 of the Childcare Act 2006 which is provided by a person, other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school, under arrangements made by a local authority in pursuance of the duty imposed by section 7 of the 2006 Act (duty to secure prescribed early years provision free of charge);
“relevant funded early years education”, in relation to a local authority in Wales, means education provided by a person other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school—
under arrangements made with that person by the authority in pursuance of the duty imposed on the authority by section 118 of that Act (duty of local authority to secure sufficient nursery education), and
in consideration of financial assistance provided by the authority under those arrangements.
“school lunch”—
in relation to a pupil, means food made available for consumption by the pupil as his midday meal on a school day, and
in relation to a child receiving relevant funded nursery education at an establishment other than a school, means food made available for consumption by the child as his midday meal on a day on which he receives that education,
whether involving a set meal or the selection of items by him or otherwise;
and references, in relation to a local authority, to a school maintained by the authority are to a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit maintained by the authority.
(1) A local authority may charge for anything provided by them under subsection (1) or (3) of section 512.
(1A) Where a local authority in England exercise the power to charge under subsection (1), the price they charge for an item must not exceed the cost of providing that item.
(2) Where a local authority exercise the power to charge under subsection (1), they must charge every person the same price for the same quantity of the same item.
(3) This section is subject to section 512ZB.
(1) Where the local authority provide a school lunch in accordance with section 512(3) to a person who is eligible for free lunches, the authority shall provide the meal free of charge.
(2) For this purpose a person is eligible for free lunches if—
(a) he is within subsection (4), (4A) or (4D), and
(b) a request that the school lunches be provided free of charge has been made by him or on his behalf to the authority.
(3) Where a local authority exercise their power under subsection (1) of section 512 to provide a person within paragraph (a) or (c) of that subsection with milk, the authority shall provide the milk free of charge if—
(a) the person is within subsection (4), and
(b) a request that the milk be provided free of charge has been made by him or on his behalf to the authority.
(4) A person (“C”) is within this subsection if—
(a) C's parent is—
(ai) in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph, or
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) in receipt of support provided under Part 6 of the Immigration and Asylum Act 1999 (c. 33), or
(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(aa) C meets any conditions prescribed for the purposes of this paragraph and C's parent is, in such circumstances as may be so prescribed—
(i) in receipt of any benefit or allowance not falling within paragraph (a) that is so prescribed, or
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) C is—
(ai) in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph, or
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) C meets any conditions prescribed for the purposes of this paragraph and is—
(i) in receipt of any benefit or allowance not falling within paragraph (b) that is so prescribed, or
(ii) entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, that is so prescribed.
(c) C meets any conditions prescribed for the purposes of this paragraph and is—
(i) in receipt of any benefit or allowance not falling within paragraph (b) that is so prescribed, ...
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4A) A person is within this subsection if the person—
(a) is a registered pupil at a maintained school or pupil referral unit in England, and
(b) is in reception, year 1, year 2 or any other prescribed year group at the school.
(4B) The Secretary of State may by order provide for the following to be treated as persons within subsection (4A)—
(a) registered pupils, or any description of registered pupils, at a maintained nursery school in England;
(b) children, or any description of children, who receive relevant funded early years education, or any description of such education, in England.
(4C) In subsection (4A)—
“maintained school” means—
a community, foundation or voluntary school, or
a community or foundation special school;
“reception” means a year group in which the majority of children will, in the school year, attain the age of 5;
“year 1” means a year group in which the majority of children will, in the school year, attain the age of 6;
“year 2” means a year group in which the majority of children will, in the school year, attain the age of 7;
“year group” means a group of children at a school the majority of whom will, in a particular school year, attain the same age.
(4D) A person is within this subsection if—
(a) they are a registered pupil at a maintained school or pupil referral unit in England,
(b) they or their parent is in receipt of universal credit, and
(c) they are not within subsection (4);
and the meaning of “maintained school” given by subsection (4C) applies for the purposes of this subsection.
(5) In this section “prescribed”, “relevant funded early years education” and “school lunch” have the same meaning as in section 512.
512ZC Protection of identity of pupils receiving free school lunches or milk
(1) This section applies when a school lunch or milk is provided for a pupil in Wales free of charge by a local authority under section 512ZB or by the governing body of a maintained school by virtue of section 512A.
(2) A local authority or governing body in Wales must take reasonable steps to ensure that the pupil cannot be identified as a pupil who receives a school lunch or milk free of charge by any person other than an authorised person.
(3) A local authority or governing body in Wales must take reasonable steps to ensure that none of the persons mentioned in subsection (4) discloses to any person other than an authorised person the fact that the pupil receives school lunches or milk free of charge.
(4) The persons referred to in subsection (3) are—
(a) a teacher in the school,
(b) any person (other than a teacher) who is—
(i) employed (whether by the local authority or by another person) in the school, or
(ii) working there on an unpaid basis, and
(c) any other person employed by the local authority or governing body.
(5) In subsections (2) and (3), “authorised person” means—
(a) a parent of the pupil, and
(b) a person mentioned in subsection (4) who is authorised by the local authority or governing body to have access to information about a pupil's entitlement to receive school lunches free of charge.
(6) When deciding what steps to take in order to comply with their duties under subsections (2) and (3) a local authority or governing body in Wales must have regard to any guidance issued by the Welsh Ministers under this section.
512A Transfer of functions under section 512 to governing bodies.
(1) The Secretary of State may by order make provision for imposing on the governing body of any school to which the order applies a duty or duties corresponding to one or more of the duties of the local authority which are mentioned in subsection (2).
(2) Those duties are—
(a) the duty to provide school lunches in accordance with section 512(3) and (4);
(b) the duty to provide school lunches free of charge in accordance with section 512ZB(1); and
(c) the duty to provide milk free of charge in accordance with section 512ZB(3).
(3) An order under this section may (subject to subsection (6)) apply to—
(a) all maintained schools; or
(b) any specified class of such schools; or
(c) all such schools, or any specified class of such schools, maintained by specified local authorities.
(4) Where any duty falls to be performed by the governing body of a school by virtue of an order under this section—
(a) the corresponding duty mentioned in subsection (2) shall no longer fall to be performed by the local authority in relation to the school; and
(b) if the duty corresponds to the one mentioned in subsection (2)(b) or (c)—
(i) the order may provide that, notwithstanding the other provisions of the order, the function of determining whether pupils at the school fall within section 512ZB(4) is to be exercisable by the local authority, and
(ii) section 533(3) shall not apply to school lunches or milk provided by the governing body in pursuance of the order.
(5) An order under this section may provide for section 513(2) not to apply—
(a) to local authorities generally, or
(b) to any specified local authority,
either in relation to all pupils for whom provision is made by the authority under section 513 or in relation to all such pupils who are of such ages as may be specified.
(6) An order under this section shall not operate to—
(a) impose any duty on the governing body of a school, or
(b) relieve a local authority of any duty in relation to a school,
at any time when the school does not have a delegated budget; and such an order may provide for section 512ZA(2) above to have effect, in relation to any provision made at any such time by the local authority for pupils at the school, with such modifications as may be specified.
(7) In this section—
“delegated budget” has the same meaning as in the School Standards and Framework Act 1998;
“maintained school” means a maintained school as defined by section 20(7) of the School Standards and Framework Act 1998 or a maintained nursery school;
“school lunch” has the same meaning as in section 512 above;
“specified” means specified in an order under this section.
(1) Academy arrangements in relation to an Academy school or an alternative provision Academy must include provision imposing obligations on the proprietor that are equivalent to the school lunches obligations.
(2) “The school lunches obligations” are the obligations imposed in relation to maintained schools and pupil referral units in England by—
(a) section 512(3) (provision of school lunches on request), and
(b) section 512ZB(1) (provision of free school lunches to eligible persons).
(3) Academy arrangements in relation to an Academy (other than a 16 to 19 Academy) that are entered into before the date on which section 106(3) of the Children and Families Act 2014 comes into force are to be treated as if they included the provision required by subsection (1), to the extent that they do not otherwise include such provision.
(4) Subsections (1) and (3) apply to an agreement under section 482 in relation to a city technology college or a city college for the technology of the arts as they apply to Academy arrangements in relation to an Academy school or an alternative provision Academy.
(1) Academy arrangements in relation to an Academy school or an alternative provision Academy must include—
(a) provision imposing requirements relating to food or drink provided for registered pupils that are equivalent to the requirements prescribed by regulations under section 114A(1) of the School Standards and Framework Act 1998 (food and drink provided on premises of maintained schools etc), and
(b) provision imposing duties on the proprietor that are equivalent to the duties imposed by section 114A(4) and (6) of that Act on a local authority or the governing body of a school maintained by a local authority.
(2) Subsection (1) applies only to the extent that the provision mentioned there is not already required to be included in Academy arrangements by section 512B.
(3) Academy arrangements in relation to an Academy (other than a 16 to 19 Academy) that are entered into before the day on which section 31 of the Children’s Wellbeing and Schools Act 2026 comes into force are to be treated as if they included the provision required by subsection (1), to the extent that they do not otherwise include such provision.
(4) Subsections (1) and (3) apply to an agreement under section 482 in relation to a city technology college or a city college for the technology of the arts as they apply to Academy arrangements in relation to an Academy school or an alternative provision Academy.
513 Provision of meals etc. at schools not maintained by local authorities.
(1) A local 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 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 community, foundation or voluntary or community or foundation 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 authority in England 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 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 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.
(8) In its application to a local authority in Wales, references in this section to special educational needs are to be interpreted as references to additional learning needs.
514A Provision of boarding accommodation for person for whom an EHC plan is maintained
(1) A local authority in England may secure the provision of boarding accommodation in connection with the provision of education or training for a person in their area who is over compulsory school age and for whom an EHC plan is maintained.—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A local authority may secure the provision of boarding accommodation under subsection (1) either within or outside their area.
(3) For the purposes of subsection (1) it is immaterial who provides, or secures the provision of, the education or training.
(4) In this section “education” and “training” have the same meanings as in section 15ZA.
515 Provision of teaching services for day nurseries.
(1) Subject to subsection (2), a local authority may, in accordance with arrangements made by them for that purpose, make available to a day nursery in England or Wales or to a registered early years provider in England 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 foundation or 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 or (as the case may be) the registered early years provider ; and
(c) for any supplementary or incidental matters connected with the arrangements, including—
(i) in relation to England, any charges to be imposed in connection with the arrangements, and
(ii) in relation to Wales, where the teacher's school and the day nursery are in the areas of different local authorities , financial adjustments between those authorities.
(4) In this section—
“day nursery” means a day nursery provided under section 18 of the Children Act 1989 (provision by local authorities of day care for pre-school and other children) or sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of children);
“registered early years provider” means a person registered under Part 3 of the Childcare Act 2006.
(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.
517 Payment of fees at schools not maintained by a local authority.
(1) Where, in pursuance of arrangements made under section 18 , Part 4 (special educational needs) or Part 3 of the Children and Families Act 2014 (children and young people in England with special educational needs or disabilities), primary or secondary education is provided for a pupil at a school not maintained by them or another local authority, the local authority by whom the arrangements are made shall—
(a) if subsection (2), (3) or (4) applies, pay the whole of the fees payable in respect of the education provided in pursuance of the arrangements; and
(b) if board and lodging are provided for the pupil at the school and subsection (5) applies, pay the whole of the fees payable in respect of the board and lodging.
(2) This subsection applies where—
(a) the pupil fills a place in the school which the proprietor of the school has put at the disposal of the authority; and
(b) the school is one in respect of which grants are made by the Secretary of State under section 485.
(3) This subsection applies where the authority are satisfied that, by reason of a shortage of places in every school maintained by them or another local authority to which the pupil could be sent with reasonable convenience, education suitable—
(a) to his age, ability and aptitude, and
(b) to any special educational needs he may have,
cannot be provided by them for him except at a school not maintained by them or another local authority.
(4) This subsection applies where (in a case in which neither subsection (2) nor subsection (3) applies) the authority are satisfied—
(a) that the pupil has special educational needs, and
(b) that it is expedient in his interests that the required special educational provision should be made for him at a school not maintained by them or another local authority.
(5) This subsection applies where the authority are satisfied that education suitable—
(a) to the pupil’s age, ability and aptitude, and
(b) to any special educational needs he may have,
cannot be provided by them for him at any school unless board and lodging are also provided for him (either at school or elsewhere)
(6) As from such day as the Secretary of State may by order appoint this section shall have effect with the following modifications—
(a) in subsections (1) and (3), for “not maintained by them or another local authority” substitute “which is neither a maintained nor a grant-maintained school”;
(b) in subsection (3), for “every school maintained by them or another local authority” substitute “every maintained or grant-maintained school”;
(c) in subsections (3) and (5), for “provided by them” substitute “provided”;
(d) omit subsection (4) and the reference to it in subsection (1); and
(e) at the end add—
(7) In this section “grant-maintained school” includes a grant-maintained special school, and subsection (5) does not apply where section 348(2) applies.
(7) An order under subsection (6) may appoint different days for different provisions and for different purposes.
(8) In this section as it applies where a local authority in Wales makes arrangements under section 18 for primary or secondary education to be provided for a pupil at a school not maintained by a local authority—
(a) references to special educational needs are to be interpreted as references to additional learning needs, and
(b) references to special educational provision are to be interpreted as references to additional learning provision.
(9) Subsection (5) does not apply where board and lodging is secured for a pupil under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.
518 Payment of school expenses; grant of scholarships, etc.
(1) A local authority, for the purpose of enabling persons to take advantage of any educational facilities available to them, may in such circumstances as may be specified in or determined in accordance with regulations—
(a) pay such expenses of children attending community, foundation, voluntary or special schools as may be necessary to enable them to take part in any school activities,
(b) grant scholarships, exhibitions, bursaries and other allowances in respect of persons over compulsory school age.
(2) Regulations may make provision—
(a) for requiring a local authority to make, in relation to each financial year, a determination relating to the extent to which they propose to exercise their power under subsection (1)(b) in that year; and
(b) for authorising an authority to determine not to exercise that power in a financial year—
(i) generally,
(ii) in such cases as may be prescribed, or
(iii) in such cases as may be determined by the authority.
519 Travelling and subsistence allowances for governors of schools and further or higher education institutions.
(1) A local authority may, in accordance with the provisions of a scheme made by them for the purposes of this section, pay such allowances as may be prescribed to governors of—
(a) any community, foundation or voluntary school or community or foundation special school which does not have a delegated budget (within the meaning of Part II of the School Standards and Framework Act 1998); and
(b) any institution providing higher education or further education (or both) which is maintained by a local authority.
(2) Such a scheme may make different provision in relation to schools or other institutions of different categories (including provision for allowances not to be paid in respect of certain categories) but shall not make different provision in relation to different categories of governor of the same school or institution.
(3) Subject to subsections (4) and (5), a local authority may pay such allowances as may be prescribed to any person appointed to represent them on the governing body of—
(a) any institution providing higher education or further education (or both) which is not maintained by them; or
(b) any independent school, alternative provision Academy which is not an independent school or special school which is not maintained by them.
(4) A local authority shall not pay any allowance under subsection (3) for expenses in respect of which the person incurring them is entitled to reimbursement by any person other than the authority.
(5) A local authority shall not pay any allowance under subsection (3) if they have not made any scheme under subsection (1) or if the arrangements under which the allowance would otherwise be payable—
(a) provide for allowances which are to any extent more generous than the most generous payable by the authority under any such scheme; or
(b) contain any provision which the authority would not have power to include in any such scheme.
(6) No allowance may be paid to any governor of a school or institution of a kind mentioned in subsection (1), in respect of the discharge of his functions as such a governor, otherwise than under this section.
(7) Regulations may impose a limit on the amount which may be paid by way of any allowance under this section.
(1) A local authority shall make arrangements for encouraging and assisting pupils to take advantage of the provision for medical and dental inspection and treatment made for them in pursuance of
(a) section 111 of, or paragraph 1, 2(1)(a) or 8 of Schedule 1 to, the National Health Service Act 2006, or
(b) section 67 of, or paragraph 1, 2(1)(a) or 8 of Schedule 1 to, the National Health Service (Wales) Act 2006
(2) If the parent of a pupil gives notice to the authority that he objects to the pupil availing himself of any of the provision so made, the pupil shall not be encouraged or assisted to do so.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A local authority may by directions in writing authorise a medical officer of theirs to have the persons and clothing of pupils in attendance at relevant schools examined whenever in his opinion such examinations are necessary in the interests of cleanliness.
(2) Directions under subsection (1) may be given with respect to—
(a) all relevant schools, or
(b) any relevant schools named in the directions.
(3) An examination under this section shall be made by a person authorised by the authority to make such examinations; and, if the examination is of a girl, it shall not be made by a man unless he is a registered medical practitioner.
(4) For the purposes of this section “relevant schools” are—
(a) schools maintained by the authority; . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) If, on an examination under section 521, the person or clothing of a pupil is found to be infested with vermin or in a foul condition, any officer of the local authority may serve a notice on the pupil’s parent requiring him to cause the pupil’s person and clothing to be cleansed.
(2) The notice shall inform the parent that, unless within the period specified in the notice the pupil’s person and clothing are cleansed to the satisfaction of such person as is specified in the notice, the cleansing will be carried out under arrangements made by the authority.
(3) The period so specified shall not be less than 24 hours from the service of the notice.
(4) If, on a report being made to him by the specified person at the end of the specified period, a medical officer of the authority is not satisfied that the pupil’s person and clothing have been properly cleansed, he may by order direct that they shall be cleansed under arrangements made by the authority under section 523.
(5) An order made under subsection (4) shall be sufficient to authorise any officer of the authority—
(a) to cause the pupil’s person and clothing to be cleansed in accordance with arrangements made by the authority under section 523, and
(b) for that purpose to convey the pupil to, and detain him at, any premises provided in accordance with such arrangements.
(1) A local authority shall make arrangements for securing that the person or clothing of any pupil required to be cleansed under section 522 may be cleansed (whether at the request of a parent or in pursuance of an order under section 522(4)) at suitable premises, by suitable persons and with suitable appliances.
(2) Where the council of a district in the area of the authority are entitled to the use of any premises or appliances for cleansing the person or clothing of persons infested with vermin, the authority may require the council to permit the authority to use those premises or appliances for such purposes upon such terms as may be determined—
(a) by agreement between the authority and the council, or
(b) in default of such agreement, by the Secretary of State.
(3) Subsection (2) does not apply in relation to Wales.
(4) A girl may be cleansed under arrangements under this section only by a registered medical practitioner or by a woman authorised for the purpose by the authority.
524 Suspension of a pupil pending examination or cleansing.
(1) Where—
(a) a medical officer of a local authority suspects that the person or clothing of a pupil in attendance at a relevant school is infested with vermin or in a foul condition, but
(b) action for the examination or cleansing of the pupil’s person and clothing cannot be taken immediately,
the medical officer may direct that the pupil is to be suspended from the school until such action has been taken, if he considers it necessary to do so in the interests either of the pupil or of other pupils in attendance at the school.
(2) A direction under subsection (1) is a defence to any proceedings under Chapter II of Part VI in respect of the failure of the pupil to attend school on any day on which he is excluded in pursuance of the direction, unless it is proved that the giving of the direction was necessitated by the wilful default of the pupil or his parent.
(3) For the purposes of this section a “relevant school” is—
(a) a school maintained by the local authority, . . .
(b) . . .
525 Offence of neglecting the cleanliness of a pupil.
(1) If, after the person or clothing of a pupil has been cleansed under section 522—
(a) his person or clothing is again infested with vermin, or in a foul condition, at any time while he is in attendance at a relevant school, and
(b) the condition of his person or clothing is due to neglect on the part of his parent,
the parent is guilty of an offence.
(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(3) For the purposes of this section a “relevant school” is a school maintained by a local authority . . ..
A local authority may make such provision for conducting, or assisting the conduct of, research as appears to them to be desirable for the purpose of improving the educational facilities provided for their area.
A local authority may—
(a) organise, or participate in the organisation of, conferences for the discussion of questions relating to education, and
(b) expend such sums as may be reasonable in paying, or contributing towards, any expenditure incurred in connection with conferences for the discussion of such questions, including the expenses of any person authorised by them to attend such a conference.
529 Power to accept gifts on trust for educational purposes.
(1) A local authority may accept, hold and administer any property on trust for purposes connected with education.
(1A) Any intention on the part of a local authority in England that a school should be vested in the authority as trustees shall be treated for the purposes of sections 7 and 10 of the Education and Inspections Act 2006 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published in accordance with those sections); and Schedule 2 to that Act (proposals for establishment or discontinuance of schools in England) shall apply accordingly.
(2) Any intention on the part of a local authority in Wales that a school ... should be vested in the authority as trustees shall be treated for for the purposes of sections 28 and 31 of the School Standards and Framework Act 1998 41 and 44 of the School Standards and Organisation (Wales) Act 2013 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published as required by those sections); and Schedule 6 to that Act (statutory proposals concerning schools in Wales and sections 48 to 55 of, and Schedule 3 to, that Act (school organisation proposals : procedure and implementation) shall apply accordingly.
(3) Any school which in accordance with subsection (1A) or (2) is vested in a local authority as trustees shall be a community school. , a community special school or a maintained nursery school.
(1) The Secretary of State may authorise a local authority to purchase compulsorily any land (whether within or outside their area) which—
(a) is required for the purposes of any school or institution which is, or is to be, maintained by them or which they have power to assist, or
(b) is otherwise required for the purposes of their functions under this Act, or
(c) is required for the purposes of an Academy (whether established or to be established).
(2) The Secretary of State shall not authorise the compulsory purchase of any land required for the purposes of a foundation, voluntary or foundation special school unless he is satisfied that the arrangements made—
(a) as to the vesting of the land to be purchased, and
(b) as to the appropriation of that land for the purposes of the school,
are such as to secure that the expenditure ultimately borne by the local authority will not include any expenditure which, if the land had been purchased by the governing body of the school, would have fallen to be borne by the governing body.
(3) Subsection (2) shall not, however, apply where the local authority propose that expenditure to be incurred in connection with the purchase should ultimately be borne by them—
(a) in the case of an authority in England, ... under any provision of regulations under section 24 of the Education and Inspections Act 2006 (implementation of proposals under section 19 of that Act) which by virtue of subsection (7) of section 24 of that Act authorises a local authority to provide assistance to the governing body of a voluntary aided school in connection with the implementation of the obligations of the governing body under the regulations, or
(b) in the case of an authority in Wales, under paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (power to give assistance to governing body of voluntary aided school in carrying out statutory proposals) (including that provision as applied by any enactment). paragraph 9 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013 (assistance in respect of maintenance and other obligations relating to voluntary aided schools) ...
(4) In this section “land” includes buildings and other structures and land covered with water.
(1) For the removal of doubt, it is declared that making land available for the purposes of a school or institution—
(a) which is, or is to be, maintained by a local authority, or
(b) which such an authority have power to assist,
is a function of the authority within the meaning of section 120 of the Local Government Act 1972 (which relates to the acquisition by a local authority by agreement of land for the purpose of any of their functions), even though the land will not be held by the authority.
(2) A local authority shall not acquire by agreement any land required for the purposes of foundation, voluntary or foundation special school unless they are satisfied that the arrangements made—
(a) as to the vesting of the land to be acquired, and
(b) as to the appropriation of that land for the purposes of the school,
are such as to secure that the expenditure ultimately borne by them will not include any expenditure which, if the land had been acquired by the governing body of the school, would have fallen to be borne by the governing body.
The duties of a local authority in Wales under the Local Government Act 1972 with respect to the appointment of officers shall (without prejudice to the generality of the provisions of that Act) include the duty of appointing a fit person to be the chief education officer of the authority.
533 Functions of governing bodies of maintained schools with respect to provision of school meals etc.
(1) The governing body of any school maintained by a local authority shall—
(a) afford the authority such facilities as they require to enable them to perform their functions under section 512, and
(b) allow the authority to make such use of the premises and equipment of the school, and such alterations to the school buildings, as the authority consider necessary for that purpose.
(2) Nothing in subsection (1) shall require the governing body of any such school to incur any expenditure.
(3) Where the governing body of a school which has a delegated budget (within the meaning of Part II of the School Standards and Framework Act 1998) provide pupils or other persons who receive education at the school with milk, meals or other refreshment, they may charge for anything so provided.
(3A) Where the governing body of a school in England exercise the power to charge under subsection (3), the price they charge for an item must not exceed the cost of providing that item.
(4) Where the governing body of a school exercise the power to charge under subsection (3), they must charge every person the same price for the same quantity of the same item.