Children, Schools and Families Act 2010

2010 c. 26

An Act to make provision about children with disabilities or special educational needs, school and other education, and governing bodies' powers; to make provision amending the Education Acts; to make provision about Local Safeguarding Children Boards; and to make provision about publication of information relating to family proceedings.

Enacted[8th April 2010]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 Children and schools¶

Children with special educational needs etc¶

^I51 School inspections: pupils with disabilities or special educational needs¶

In section 5 of EA 2005 (duty to inspect certain schools in England at prescribed intervals), after subsection (5) there is inserted—

^F122 Right of appeal against determination by local authority not to amend statement¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptional provision for ill or excluded children etc¶

^I73 Exceptional provision of education in short stay schools or elsewhere¶

1 Section 19 of EA 1996 (exceptional provision of education in short stay schools or elsewhere) is amended as follows.

2 After subsection (1) there is inserted—

3 For subsection (3A) there is substituted—

4 In subsection (3B)—

a for “The education referred to in subsection (3A)” there is substituted “ Regulations may provide that the education to be provided for a child in pursuance of arrangements made by a local authority in England under subsection (1) ”;

b for “regulations” there is substituted “ the regulations ”.

Powers of governing bodies¶

4 Power to provide community facilities etc¶

1 In section 27 of EA 2002 (power of governing body to provide community facilities etc), after subsection (1) there is inserted—

^I62 In section 50 of SSFA 1998 (effect of financial delegation), after subsection (3) there is inserted—

^I63 In subsection (4) of that section, for “In subsection (3) “purposes of the school”” there is substituted “ In the case of a school in Wales, “purposes of the school” in subsection (3) ”.

^I64 In section 51A of SSFA 1998 (expenditure incurred for community purposes), in subsections (1) and (2), after “a maintained school” there is inserted “ in Wales ”.

^I15 Power to form company to establish Academy, etc¶

1 The governing body of a maintained school in England may—

a form, or participate in forming, a company to enter into Academy arrangements , and

b do anything which appears to them to be necessary or expedient in connection with a proposal that Academy arrangements be entered into with a company formed (or proposed to be formed) by them under paragraph (a).

References in this subsection to a company are to a company registered under the Companies Act 2006 as a company limited by guarantee.

2 The governing body of a maintained school in England—

a may be a member of a company which they have formed, or participated in forming, under subsection (1)(a), and

b may be a member of a company which is not within paragraph (a) but which is party to Academy arrangements .

3 The power conferred by subsection (1)(b) includes, in particular, power—

a to incur expenditure;

b to enter into arrangements or agreements with any person.

4 This section is not to be read as limiting any powers that the governing body of a maintained school have otherwise than by virtue of this section.

5 In this section “maintained school” means a community, foundation or voluntary school or a community or foundation special school.

^I26 Powers to assist etc proprietor of Academy and be a member of a foundation¶

1 Paragraph 3 of Schedule 1 to EA 2002 (powers of governing body) is amended as follows.

2 After sub-paragraph (2) there is inserted—

3 In sub-paragraph (3)—

a in the words before paragraph (a), for “and (2)” there is substituted “ , (2) and (2A) ”;

b in paragraph (f), after “sub-paragraph (2)” there is inserted “ or (2A) ”.

7 Power to propose new schools¶

After section 11 of EIA 2006 there is inserted—

Local Safeguarding Children Boards¶

^I88 Supply of information requested by LSCBs in England¶

After section 14A of CA 2004 (LSCBs in England: annual reports) there is inserted—

14B Supply of information requested by LSCBs

1 If a Local Safeguarding Children Board established under section 13 requests a person or body to supply information specified in the request to—

a the Board, or

b another person or body specified in the request,

the request must be complied with if the first and second conditions are met and either the third or the fourth condition is met.

2 The first condition is that the request is made for the purpose of enabling or assisting the Board to perform its functions.

3 The second condition is that the request is made to a person or body whose functions or activities are considered by the Board to be such that the person or body is likely to have information relevant to the exercise of a function by the Board.

4 The third condition is that the information relates to—

a the person or body to whom the request is made,

b a function or activity of that person or body, or

c a person in respect of whom a function is exercisable, or an activity is engaged in, by that person or body.

5 The fourth condition is that the information—

a is information requested by the Board from a person or body to whom information was supplied in compliance with another request under this section, and

b is the same as, or is derived from, information so supplied.

6 The information may be used by the Board, or other person or body to whom it is supplied under subsection (1), only for the purpose of enabling or assisting the Board to perform its functions.

7 A Local Safeguarding Children Board must have regard to any guidance given to it by the Secretary of State in connection with the exercise of its functions under this section.

^F139 Supply of information requested by LSCBs in Wales¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I910 Review by Chief Inspector of performance of LSCBs in England¶

After section 15 of CA 2004 (funding of LSCBs in England) there is inserted—

^F5Part 2 Family proceedings¶

^F511 ^F5Restriction on publication of information relating to family proceedings¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F512 ^F5Authorised publication of court orders and judgments¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F513 ^F5Authorised news publications¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F514 ^F5Permitting publication for purposes of section 13: general¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F515 ^F5Permitting publication for purposes of section 13: adoption Et ceteralaetc¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F516 ^F5Prohibiting or restricting publication for purposes of section 13¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F517 ^F5Defences to contempt of court¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F518 ^F5Appeals against decisions under section 12 or 13¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F519 ^F5Power to alter treatment of sensitive personal information¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F520 ^F5Independent review¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F521 ^F5Interpretation of Part 2, Et ceteralaetc¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 Miscellaneous and final provisions¶

Miscellaneous¶

^F422 Amendments of provisions about complaints in ASCLA 2009¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23 Fees for pre-registration inspections of independent educational institutions¶

In section 111 of ESA 2008 (fees for inspections of independent educational institutions by Chief Inspector), in subsection (6) (institutions to which the section applies), for “any registered independent educational institution that is not” there is substituted “ any independent educational institution that is registered, or is the subject of an application to be registered, other than ”.

Final provisions¶

24 Interpretation of Act¶

1 In this Act—

“EA 1996” means the Education Act 1996;
“SSFA 1998” means the School Standards and Framework Act 1998;
“EA 2002” means the Education Act 2002;
“CA 2004” means the Children Act 2004;
“EA 2005” means the Education Act 2005;
“EIA 2006” means the Education and Inspections Act 2006;
“ESA 2008” means the Education and Skills Act 2008;
“ASCLA 2009” means the Apprenticeships, Skills, Children and Learning Act 2009.

2 EA 1996 and section 5 of this Act are to be read as if that section were contained in that Act.

^I325 Amendments and repeals¶

Schedules 3 (minor and consequential amendments) and 4 (repeals) have effect.

26 Financial provisions¶

1 There is to be paid out of money provided by Parliament—

a any expenditure under this Act of a Minister of the Crown;

b any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

2 There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other enactment.

27 Transitional provision¶

1 Until a section 162(1)(a) order comes into force, a reference to a local authority in any provision of this Act (including any provision inserted by this Act in another Act) is to be read as a reference to a local education authority.

2 In subsection (1) “section 162(1)(a) order” means an order under subsection (1) of section 162 of EIA 2006 containing provision made by virtue of paragraph (a) of that subsection (power to replace statutory references to local education authorities with references to local authorities).

28 Extent¶

1 This Act does not extend to Scotland or (subject to subsection (2)) to Northern Ireland.

2 An amendment or repeal by this Act of a provision that extends to Northern Ireland has the same extent as the provision amended or repealed.

29 Commencement¶

1 Sections 24 and 26 to 30 come into force on the day on which this Act is passed.

2 Section 23 comes into force at the end of the period of 2 months beginning with the day on which this Act is passed.

3 Section 9 comes into force on whatever day the Welsh Ministers appoint by order made by statutory instrument.

^F104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 The other provisions of this Act come into force on whatever day or days the Secretary of State appoints by order made by statutory instrument.

6 An order under subsection (3)^F11... or (5)—

a may make different provision for different purposes or different areas;

b may make incidental, consequential, supplemental, transitional or transitory provision or savings.

30 Short title etc¶

1 This Act may be cited as the Children, Schools and Families Act 2010.

2 This Act is to be included in the list of Education Acts set out in section 578 of EA 1996.

SCHEDULES

^F6SCHEDULE 1 ¶

Amendments of Part 2 relating to sensitive personal information

Section 19

^F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F7SCHEDULE 2 ¶

Sensitive personal information

Section 21

^F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3 ¶

Minor and consequential amendments

Section 25

Part 1 Children and schools¶

Education Act 1996 (c. 56)¶

1In section 19 (exceptional provision of education in short stay schools or elsewhere), in subsections (2)(a) and (2B)(a), for “such children” there is substituted “ children falling within subsection (1) ”.

^I42

1 Section 580 (index) is amended as follows.

2 In the entry for “sex education”, for “section 352(3)” there is substituted “ section 579(1) ”.

^F8Part 2 Family proceedings¶

^F8Children and Young Persons Act 1933 (c. 12)¶

^F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F8Administration of Justice Act 1960 (c. 65)¶

^F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F8Magistrates' Courts Act 1980 (c. 43)¶

^F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F8Matrimonial and Family Proceedings Act 1984 (c. 42)¶

^F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F8Children Act 1989 (c. 41)¶

^F810. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F8Adoption and Children Act 2002 (c. 38)¶

^F812. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F813. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F8Courts Act 2003 (c. 39)¶

^F814. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 ¶

Repeals

Section 25

Part 1 Children and schools¶

Short title and chapter	Extent of repeal
Education Act 1996 (c. 56)	In section 19(6)— the definition of “relevant school”; in the definition of “suitable education”, the words “(and “suitable full-time education” is to be read accordingly)”.

Short title and chapter

Extent of repeal

Education Act 1996 (c. 56)

In section 19(6)—

the definition of “relevant school”;
in the definition of “suitable education”, the words “(and “suitable full-time education” is to be read accordingly)”.

^F9Part 2 Family proceedings¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Footnotes

I1
S. 5 in force at 19.7.2010 by S.I. 2010/1817, art. 2
I2
S. 6 in force at 19.7.2010 by S.I. 2010/1817, art. 2
I3
S. 25 in force at 19.7.2010 for specified purposes by S.I. 2010/1817, art. 2
I4
Sch. 3 para. 2 in force at 19.7.2010 by S.I. 2010/1817, art. 2
F1
Words in s. 5(1)(a) substituted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 26(2)(a); S.I. 2010/1937, art. 2, Sch. 1
F2
Words in s. 5(1)(b) substituted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 26(2)(b); S.I. 2010/1937, art. 2, Sch. 1
F3
Words in s. 5(2)(b) substituted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 26(3); S.I. 2010/1937, art. 2, Sch. 1
I5
S. 1 in force at 1.9.2010 by S.I. 2010/1817, art. 3
I6
S. 4(2)(3)(4) in force at 1.4.2011 by S.I. 2010/1817, art. 4
I7
S. 3 in force at 1.9.2011 by S.I. 2011/1100, art. 2
F4
S. 22 repealed (1.8.2012) by Education Act 2011 (c. 21), ss. 45(2)(h), 82(3); S.I. 2012/1087, art. 2 (with art. 6)
I8
S. 8 in force at 15.4.2013 by S.I. 2013/668, art. 2
I9
S. 10 in force at 3.7.2013 by S.I. 2013/1573, art. 2
F5
Pt. 2 repealed (4.9.2013) by Crime and Courts Act 2013 (c. 22), ss. 17(4), 61(3); S.I. 2013/2200, art. 2(a)
F6
Sch. 1 repealed (4.9.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 17(4), 61(3); S.I. 2013/2200, art. 2(a)
F7
Sch. 2 repealed (4.9.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 17(4), 61(3); S.I. 2013/2200, art. 2(a)
F8
Sch. 3 Pt. 2 repealed (4.9.2013) by Crime and Courts Act 2013 (c. 22), ss. 17(4), 61(3); S.I. 2013/2200, art. 2(a)
F9
Sch. 4 Pt. 2 repealed (4.9.2013) by Crime and Courts Act 2013 (c. 22), ss. 17(4), 61(3); S.I. 2013/2200, art. 2(a)
F10
S. 29(4) repealed (4.9.2013) by Crime and Courts Act 2013 (c. 22), ss. 17(4), 61(3); S.I. 2013/2200, art. 2(a)
F11
Words in s. 29(6) repealed (4.9.2013) by Crime and Courts Act 2013 (c. 22), ss. 17(4), 61(3); S.I. 2013/2200, art. 2(a)
F12
S. 2 repealed (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 19(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505))
F13
S. 9 omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413), regs. 2(1), 274

Children, Schools and Families Act 2010

Part 1 Children and schools¶

Children with special educational needs etc¶

I51 School inspections: pupils with disabilities or special educational needs¶

F122 Right of appeal against determination by local authority not to amend statement¶

Exceptional provision for ill or excluded children etc¶

I73 Exceptional provision of education in short stay schools or elsewhere¶

Powers of governing bodies¶

4 Power to provide community facilities etc¶

I15 Power to form company to establish Academy, etc¶

I26 Powers to assist etc proprietor of Academy and be a member of a foundation¶

7 Power to propose new schools¶

Local Safeguarding Children Boards¶

I88 Supply of information requested by LSCBs in England¶

F139 Supply of information requested by LSCBs in Wales¶

I910 Review by Chief Inspector of performance of LSCBs in England¶

F5Part 2 Family proceedings¶

F511 F5Restriction on publication of information relating to family proceedings¶

F512 F5Authorised publication of court orders and judgments¶

F513 F5Authorised news publications¶

F514 F5Permitting publication for purposes of section 13: general¶

F515 F5Permitting publication for purposes of section 13: adoption Et ceteralaetc¶

F516 F5Prohibiting or restricting publication for purposes of section 13¶

F517 F5Defences to contempt of court¶

F518 F5Appeals against decisions under section 12 or 13¶

F519 F5Power to alter treatment of sensitive personal information¶

F520 F5Independent review¶

F521 F5Interpretation of Part 2, Et ceteralaetc¶

Part 3 Miscellaneous and final provisions¶

Miscellaneous¶

F422 Amendments of provisions about complaints in ASCLA 2009¶

23 Fees for pre-registration inspections of independent educational institutions¶

Final provisions¶

24 Interpretation of Act¶

I325 Amendments and repeals¶

26 Financial provisions¶

27 Transitional provision¶

28 Extent¶

29 Commencement¶

30 Short title etc¶

SCHEDULES

F6SCHEDULE 1 ¶

Amendments of Part 2 relating to sensitive personal information

F7SCHEDULE 2 ¶

Sensitive personal information

SCHEDULE 3 ¶

Minor and consequential amendments

Part 1 Children and schools¶

Education Act 1996 (c. 56)¶

F8Part 2 Family proceedings¶

F8Children and Young Persons Act 1933 (c. 12)¶

F8Administration of Justice Act 1960 (c. 65)¶

F8Magistrates' Courts Act 1980 (c. 43)¶

F8Matrimonial and Family Proceedings Act 1984 (c. 42)¶

F8Children Act 1989 (c. 41)¶

F8Adoption and Children Act 2002 (c. 38)¶

F8Courts Act 2003 (c. 39)¶

SCHEDULE 4 ¶

Repeals

Part 1 Children and schools¶

F9Part 2 Family proceedings¶

Footnotes

^I51 School inspections: pupils with disabilities or special educational needs¶

^F122 Right of appeal against determination by local authority not to amend statement¶

^I73 Exceptional provision of education in short stay schools or elsewhere¶

^I15 Power to form company to establish Academy, etc¶

^I26 Powers to assist etc proprietor of Academy and be a member of a foundation¶

^I88 Supply of information requested by LSCBs in England¶

^F139 Supply of information requested by LSCBs in Wales¶

^I910 Review by Chief Inspector of performance of LSCBs in England¶

^F5Part 2 Family proceedings¶

^F511 ^F5Restriction on publication of information relating to family proceedings¶

^F512 ^F5Authorised publication of court orders and judgments¶

^F513 ^F5Authorised news publications¶

^F514 ^F5Permitting publication for purposes of section 13: general¶

^F515 ^F5Permitting publication for purposes of section 13: adoption Et ceteralaetc¶

^F516 ^F5Prohibiting or restricting publication for purposes of section 13¶

^F517 ^F5Defences to contempt of court¶

^F518 ^F5Appeals against decisions under section 12 or 13¶

^F519 ^F5Power to alter treatment of sensitive personal information¶

^F520 ^F5Independent review¶

^F521 ^F5Interpretation of Part 2, Et ceteralaetc¶

^F422 Amendments of provisions about complaints in ASCLA 2009¶

^I325 Amendments and repeals¶

^F6SCHEDULE 1 ¶

^F7SCHEDULE 2 ¶

^F8Part 2 Family proceedings¶

^F8Children and Young Persons Act 1933 (c. 12)¶

^F8Administration of Justice Act 1960 (c. 65)¶

^F8Magistrates' Courts Act 1980 (c. 43)¶

^F8Matrimonial and Family Proceedings Act 1984 (c. 42)¶

^F8Children Act 1989 (c. 41)¶

^F8Adoption and Children Act 2002 (c. 38)¶

^F8Courts Act 2003 (c. 39)¶

^F9Part 2 Family proceedings¶