§ Julie MorganTo ask the Secretary of State for Education and Skills which children are excluded from the exercise of a local authority's functions under section 14 of the Education Act 1996. [51800]
§ Mr. Ivan Lewis[holding answer 23 April 2002]: Section 14 of the Education Act 1996 (the 1996 Act) sets out the duty of the local education authority (LEA) to provide sufficient primary and secondary schools for its area. Schools must be sufficient in number, character and equipment to provide education for all pupils, suitable to their age, ability and aptitude and the different periods for which they may remain at school, including appropriate practical instruction and training.
637WSection 14 does not impose any duty in respect of children under five. It allows an LEA to provide education for people over compulsory school age and under 19, including those from other areas.
In exercising its functions under section 14, an LEA must have regard to the need to provide primary and secondary education in different schools, the need to secure special educational provision for pupils with special educational needs, and the expediency of securing boarding provision where necessary.
The duty is general and does not give rise to a specific duty for an individual child or for a class of children.
None of the LEA's duties under the 1996 Act applies in respect of any person who is in custody because of a court order or an order of recall made by the Secretary of State.