This information applies to England, Wales and Northern Ireland
About this
information
In Northern Ireland, the local education authority is called
the Education and Library Board (ELB).
Back to
top
Duties and
responsibilities of the local education authority
Local education authorities (LEAs) must find a free school
place for all children who are ‘of compulsory school age’ - see under heading Compulsory
school age. It must also find a school or sixth form college place for young
people aged 16 to 19 who want one. If a child is unable to receive education at
school, the local education authority has a duty to provide suitable education
in some other way, for example, home tuition - see under heading Education
out of school.
The duty of the local education authority to provide
full-time education will also usually apply to pupils who:-
- are temporarily living in the area for long enough to attend school, for
example, the child of a traveller or a child whose parent is in the armed
forces; or
- have come from abroad; or
- have special educational needs.
If your child falls into one of the above categories, you
should consult the local education authority whose address and telephone number
will be in the local telephone directory.
Back to
top
Duties and
responsibilities of parents
A parent also has a duty to make sure that their child
receives education during the compulsory school age years - see under heading Compulsory
school age. Parents means either both parents, or the pupil’s guardian, or
another person who has parental responsibility for the child. In some
circumstances, this means that a child may have one, two or more parents with a
say in their schooling. From the age of 18, responsibility for education falls
to the pupil.
If you fail to carry out your duty in relation to your
child’s education, there are a number of measures that can be taken to ensure
that you carry them out. This could include legal action being taken against
you.
If you face action by a local education authority, or a
court, over your child’s school attendance, you should consult an experienced
adviser for example, at a Citizens Advice Bureau. To search for details of your
nearest CAB, including those that can give advice by e-mail, click on nearest
CAB.
Back to
top
Compulsory school age
In England and Wales, most local education authorities have a
policy of accepting children into school at the beginning of the term during
which the child becomes five. However, the child is not obliged to attend school
until the beginning of the term following their fifth birthday. In Northern
Ireland, a child who is four years old on or before 1 July in any year must
start primary school on 1 September that year.
All young people can leave school on the last Friday in June
of the school year if they reach the age of 16 before the first day of the
following (September) term. This is the end of compulsory education.
A young person of compulsory school age enrolled in a school
remains on the school register until the leaving date. If a pupil leaves school
before that date, this may be considered taking unauthorised absence or truancy.
The school may not take any legal action but this will appear on the pupil’s
school record and could affect future career choices.
Back to
top
Free education
places for three and four year old children
In England and Wales, every three and four year old child is
entitled to a free early education place. This is only if you want to take up a
place. The place should be for at least two and a half hours a day, for five
days a week during normal term times.
Not all nurseries, schools or playgroups take part in the
scheme to provide free early education places. Your local education authority
holds lists of places which provide early education. The places may be in
nursery schools, nursery classes in primary schools or reception classes in
primary schools. Other places may be in playgroups, private day nurseries,
independent schools, or with childminders who belong to an approved network.
Even if the place would normally charge fees, in England and Wales, you will not
have to pay for at least two and a half hours a day, but if your child attends
for longer than that, you may have to pay for extra hours.
You can find information about schools and other
organisations providing early education places at www.childcarelink.gov.uk,
or by phoning 0800 096 0296.
In Northern Ireland, many three or four year olds are
entitled to a pre-school education place. The availability of places varies from
area to area and you are encouraged to apply if you wish to take up a place for
your child. If free places are not available, you may have to pay for a place,
but, if a centre has enough free places, all eligible children whose parents
apply will be given a place. Schools and groups in the scheme will provide
information about how to apply for a place and about the education they
offer.
If you cannot find a suitable place offering free early
education, you should contact your local education authority. For all other
problems with free early education, you should contact the organisation
involved.
Back to
top
Children with special
educational needs (SEN)
In England and Wales, a pupil with special educational needs
(SEN) is defined as a pupil who:-
- has a significantly greater difficulty in learning than the majority of
pupils of their age; or
- has a disability which means that they cannot make full use of the general
educational facilities provided for pupils of their age.
A pupil with SEN is entitled to receive full-time education
that is appropriate to their needs. This applies to children and young people
between the ages of two and 19. This may be in a special school or a mainstream
school, or somewhere else. You have the right to educate your child at home as
long as the Local Education Authority (LEA) is satisfied that this meets your
child's needs.
In Northern Ireland, it is not compulsory to provide
full-time education to children with special needs until the age of five.
Education and Library Boards (ELBs) can, where they feel it is appropriate,
place children with Statements of Special Educational Needs in pre-school
education which meets their needs. However, not all children with a Statement
will get a free school place. ELBs have a duty to promote the education of
children over 5 with SEN in mainstream schools alongside other children
Back to
top
Children who are too ill to attend school
If a child of compulsory school age cannot attend school
because of sickness or injury, the local education authority must arrange
suitable education for them. Some children will receive education in hospital
schools or hospital teaching units, and some will receive tuition at home.
A child who is admitted to hospital should have their
educational needs assessed as soon as is reasonable after admission. They should
be given tuition as soon as their condition allows.
Children should not be home unwell for more than three weeks
(four weeks in Wales) without home tuition. If your child is absent from school
for less time, the school is expected to provide work for your child to do at
home.
The Department for Education and Skills has issued guidance
on the education of sick children. It is called 'Access to Education for
children and young people with medical needs'. You can get it from DfES
publications on 0845 602 2260 or from their website at www.dfes.gov.uk/sickchildren.
Back to
top
Children with a disability
In England and Wales, schools must not treat children with a
disability less favourably than children who are not disabled. They must also
make reasonable adjustments to take account of a child's disability. This
applies both to pupils and prospective pupils. More information is available on
the Disability Rights Commission website at www.drc-gb.org. Information in Northern Ireland is available
on the Equality Commission Website at www.equalityni.org.
Back to
top
Pupils
who have been permanently excluded (expelled) from school
If a pupil is permanently excluded (expelled) from a school,
the local education authority has a duty to provide other suitable education.
This may be a place in another school, a place in a local special educational
unit, or by providing home or individual tuition. If you want your child to go
back to the same school, you have a right to appeal against your child's
exclusion.
Back to
top
Education out of
school
You can arrange education out of school for your child if you
wish, including home education. The local education authority (LEA) has a duty
to ensure that the out of school education arranged for your child is
satisfactory.
Although you do not have to tell the LEA that you are
educating your child at home, if you don't do this, the LEA will probably make
enquiries to find out what education you are providing.
If you are educating your child at home, you do not have to
keep to school hours or follow the national curriculum. However, you must be
able to show that your child's education is 'efficient'. This must take into
account your child's age, ability, and any special educational needs your child
has. If the LEA believes that you are not providing suitable education, it may
decide to take action against you.
Back to
top
School's admissions
policies in England and Wales
You have the right to express a preference for your child’s
school. In the case of secondary schools, you can make at least three choices
which you can put in order of preference, giving reasons for your choices. You
do not need to choose schools in your own local education authority's (LEA's)
area, but if a school has more applications than places, it may give preference
to pupils in its own 'catchment area'.
Each school you have chosen must consider your application in
the light of its admissions policy. Schools must also comply with a code of
practice which says that their admissions process must be clear, fair and
impartial, and should take parents' preferences into account as far as
possible.
In England, this code of practice is called the School
Admissions Code of Practice, and can be viewed on the Department for Education
and Skills website at www.dfes.gov.uk. In Wales, the code is called the Admissions
Welsh Office Code of Practice, and can be viewed at www.wales.gov.uk.
In England, LEAs must have co-ordinated admission schemes for
all maintained schools in their area. This means that you should receive one,
and only one, offer of a school place for your child on the same day each year
(1 March in the case of secondary schools).
In Wales, LEAS don't have to have co-ordinated admission
schemes, but in practice may do so.
If a school has more applications than places
If a school has too many applications, it may take into
account a number of things when deciding how to allocate places, including:
- whether your child has any brothers or sisters already at the school
- whether your child lives in the school's catchment area
- how far your child lives from the school
- whether the school gives priority to parents who have said they prefer a
single sex or co-educational school
- whether your child is transferring from a named 'feeder' primary school
- any medical, social or religious reasons for choosing the school.
A school must not discriminate against your child because of
race, colour, nationality or ethnic background.
Infant schools are legally required to limit class sizes to
30 pupils for each teacher.
Special educational needs
If your child has special educational needs (SEN), they must
be accepted by the school on their statement. However, if your child does not
have a statement, they have no right to be accepted at any particular
school.
Selection on grounds of academic ability
A local education authority maintained primary school cannot
select children on the grounds of academic ability.
Some secondary schools select wholly or partly on the grounds
of academic ability, or ability in a particular subject area, for example,
music. A school that is partly selective must not keep places empty if it does
not have enough pupils of the required standard.
Pupils who have been excluded (expelled)
A school can refuse to take a pupil who has been permanently
excluded from at least two schools, where at least one of the exclusions took
place after 1 September 1997. This rule applies for a period of two years after
the second exclusion. It does not apply if a pupil has been reinstated following
the exclusion. There is no right of appeal if a pupil is refused a place under
this rule.
Back to
top
Schools admissions
policies in Northern Ireland
In Northern Ireland, the transfer procedure or 11 plus still
operates. Grammar schools (and non-grammar schools with a grammar stream) can
make their own rules about admissions if there are more applications than places
available. They may use the transfer test results when deciding who to
accept.
All grammar and secondary schools can choose who they give
priority to. They may, for example, give priority to pupils living closest to
the school, or to those who have brothers already at the school.
A child who has a Statement of Special Educational Needs will
not sit the transfer test. Instead, the Education and Library Board will discuss
a suitable place with the parents.
Back to
top
What you can do if your choice of school in England and Wales
is refused
A school or local education authority (LEA) can refuse to
accept your choice of school. You must be given the reasons for refusal. If this
does happen, you could consider choosing another school.
Alternatively, you could try talking to the LEA or governing
body of the school and ask them to reconsider their decision.
If, after discussion, the situation has not been resolved to
your satisfaction, you can appeal to an independent appeal panel. There is
usually a time limit on appeals, so be careful to leave enough time to appeal if
you decide to talk to the LEA or school first.
For more information in England about appealing against an
LEA's or school's decision, go to www.direct.gov.uk, and click on Education And Learning,
Choosing a school, and then Problems with getting a school place.
For more information in Wales about appealing against an
LEA's or school's decision, go to www.learning.wales.gov.uk/parents.
If you want to appeal against a decision by a school or LEA,
you might want to talk to an experienced adviser for example, at a Citizens
Advice Bureau. To search for details of your nearest CAB, including those that
can give advice by e-mail, click on nearest
CAB.
Back to
top
What
you can do if your choice of school in Northern Ireland is refused
If your child is refused a place at a school, you can appeal
to an independent appeal tribunal. You can only appeal if you think that the
school's admissions policy was not applied, or was not applied correctly. You
may want to discuss the matter with an officer of the Education and Library
Board (ELB) first.
There are strict time limits for making an appeal. You can
find out more from your local ELB.
If your child is refused a place at a Private Independent
school, there is no right of appeal.
For more information about what you can do if your choice of
school in Northern Ireland is refused, visit the website of the Department of
Education at www.deni.gov.uk
Back to
top
Financial help
You may want to send your child to a particular school but be
concerned about the financial costs. Help with some of the costs, for example,
school transport or school meals may be available.
Some independent schools offer scholarships to help parents
pay the fees at the school. If you are interested in applying for a scholarship
you should contact the school concerned
Back to
top
