Access to education

In Northern Ireland, the local education authority is called the Education and Library Board (ELB).

Duties and responsibilities of the local education authority

Local education authorities 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 of compulsory school age can't receive education at school, the local education authority has a duty to provide suitable education in some other way, for example, home tuition.

The duty of the local education authority to provide full-time education applies to all pupils including those who:

If a local education authority is refusing to provide full-time education for your child because of one of these reasons, 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.

Local education authorities are public bodies and have a legal responsibility not to discriminate and to promote equal opportunities. If you think that the local education authority is discriminating against your child because of race, sex, sexuality or religion, you may be able to take further action. In England and Wales, this also applies to discrimination because of disability.

(Example box starts)

We are Travellers, based in this area for the next six months. We want our daughter to go to the local school but they say she can't go because we aren't living in the area permanently. Is there anything we can do to make them change their minds?

The local education authority has to provide a school place for your daughter. If they refuse to do so because you are a Traveller family, this might be race discrimination which is against the law. If the local school already has too many pupils, your daughter should get a school place somewhere else. You need to get expert advice about how to take this forward, for example, from your local Citizens Advice Bureau.

(Example box ends)

In addition to this legal duty not to discriminate, most local education authorities have equality policies that cover other areas of discrimination. For example, many will say that they will not discriminate against pupils who are being looked after by the local authority or who have HIV. It may be helpful to get hold of a copy of your local education authority's equality policy if you are having these sorts of problems. You may be able to take action to make them keep to their stated policy.

Duties and responsibilities of parents

If you are a parent, you have a duty to make sure that your 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 don't carry out your duty in relation to your child’s education, there are a number of measures that can be taken to make sure that you carry them out. This could include taking legal action against you.

If you face action by a local education authority or a court about 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.

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 does not have 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 pupils 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 pupil of compulsory school age who is registered at a school stays on the school register until their 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.

Free education places for three-year-olds and four-year-olds

In England and Wales, every three-year-old and four-year-old 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, you will not have to pay for at least two and a half hours a day. However, 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 234 6346.

In Northern Ireland, many three-year-olds 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.

For more information about problems with early education, see under the heading Dealing with problems at school, in Problems at school.

Children with special educational needs (SEN)

In England and Wales, 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 subject as long as this meets your child's needs – see under the heading Home education.

In England and Wales, it may be against the law for a local education authority to discriminate against a pupil with SEN. This is because a child with SEN would usually be counted as a disabled pupil and disability discrimination is against the law. For example, a school must make reasonable adjustments to allow for a pupil's disability. However, not all pupils with SEN count as disabled pupils.

In Northern Ireland, the local education authority doesn't have to provide full-time education to children with SEN until the age of five. If they think it would be appropriate, they can place children with statements of SEN in pre-school education which meets their needs. However, not all children with a statement will get a free school place. Local education authorities have a duty to promote the education of children over five with SEN in mainstream schools alongside other children.

The rules about disability discrimination do not apply to schools in Northern Ireland.

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 shouldn't 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.

In England, the Department for Children, Schools and Families (DCSF) has guidance on the education of sick children. It is called Access to Education for children and young people with medical needs and you can get it on their website at: www.dcsf.gov.uk/sickchildren.

In Wales, you can get guidance from the Welsh Assembly Government in a circular called The Education of Sick Children. To get a copy of the circular, call the Publications Centre on: 029 2082 3683, or email them at: assembly-publications@wales.gsi.gov.uk.

In some cases, a pupil with medical needs could count as a disabled pupil. In England and Wales, it's against the law for a local education authority or school to discriminate against disabled pupils.

Disabled pupils

In England and Wales, schools must not treat disabled pupils less favourably than children who are not disabled. They must also make reasonable adjustments to take account of the pupil's disability. This applies both to current pupils and prospective pupils.

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 or a place in a local special educational unit. Or they could provide 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.

For more information about exclusions from school, including appealing about exclusion from school, see Problems at school.

Home education

You can arrange education out of school for your child if you wish, including home education.

Although you don't have to tell the local education authority that you're educating your child at home, if you don't do this, they may make enquiries to find out what education you are providing. They have a duty to take action if it comes to their attention that a child in their area is not getting suitable education.

If you're educating your child at home, you don't 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 local education authority believes that you aren't providing suitable education, they may decide to take action against you, for example, they could take legal action against you.

School 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 area, but if a school has more applications than places, it may give preference to pupils in its own 'catchment area'.

Each school has an admissions policy and must consider your application in the light of this policy. According to government guidance, a school's admissions process must be clear, fair and impartial, and should take parents' preferences into account as far as possible. This guidance is legally binding, that is, if your school hasn't followed it, you can report them to:

In England, the government guidance is called the School Admissions Code of Practice. It can be viewed on the website of the Department for Children, Schools and Families at: www.dcsf.gov.uk.

In Wales, the guidance is called the School Admissions Welsh Office Code of Practice. It can be viewed on the website of the Welsh Assembly Government at: http://new.wales.gov.uk.

In England, local education authorities 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. This is March in the case of secondary schools.

In Wales, local education authorities don't have to have co-ordinated admission schemes, but in practice may do so.

Information about choosing which school your child attends is available in a range of community languages on the Multikulti website at: www.multikulti.org.uk.

In England, if you need help with the secondary school admissions procedure, your local authority should have a Choice Advice Service which gives parents help and support. Your child's primary school should be able to put you in touch with an adviser.

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:

Infant schools are legally required to limit class sizes to 30 pupils for each teacher.

A school must not discriminate against your child because of race, colour, religion, sexuality, sex, nationality or ethnic background. In England and Wales, the school must not discriminate against your child because of disability.

In England and Wales, for more information about disability discrimination, see Disability discrimination.

Schools must not take into account what a child's parents do for a living, their financial situation or whether they are married. They must not ask for information about your personal details such as your educational background, your qualifications, criminal record or disability. They must also, normally, not take into account the behaviour of your child, their brothers or sisters or any other family member.

Faith schools are allowed to give preference to pupils of their faith in the school's admissions policy.

Special educational needs

If your child has special educational needs (SEN), the school which is specified on their statement of SEN has to accept them. However, if your child doesn't have a statement of SEN, 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.

School 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 (SEN) will not sit the transfer test. Instead, the local education authority will discuss a suitable place with the parents.

What you can do if your choice of school in England and Wales is refused

A school or local education authority can refuse to accept your choice of school. They must give you the reasons for refusal. If this does happen, you could consider choosing another school.

Alternatively, you can appeal to an independent appeal panel. There is usually a time limit on appeals, so be careful not to miss the deadlines.

If you believe that discrimination is involved in the decision not to accept your child, make sure you mention this in your complaint.

For more information in England about appealing against the decision of a local education authority or school, go to the Directgov website at: www.direct.gov.uk.

For more information in Wales about appealing against the decision of a local authority or school, see School Admission Appeals – the National Assembly for Wales Code of Practice on the Welsh Assembly Government website at: http://new.wales.gov.uk.

If you want to appeal against a decision by a school or local education authority, 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.

The Schools Adjudicator (England only)

In some cases, you might want to report the school to the Office of the Schools Adjudicator. They can't deal with individual complaints that your child hasn't got into the school you wanted but they can deal with complaints about admissions criteria which break the law or government guidance. For more information about the Schools Adjudicator, go to their website at: www.schooladjudicator.gov.uk.

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 your local education authority first.

There are strict time limits for making an appeal. You can find out more from your local education authority.

If you believe that discrimination is involved in the decision not to accept your child, make sure you mention this in your complaint.

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 is refused, go to the Directgov website at: www.direct.gov.uk.

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.

Education - In N. Ireland