Section 436E Provision of information to local authorities: education providersF1

(1)

This section applies where a local authority reasonably believes that—

(a)

a person is providing out-of-school education to a child for more than the prescribed amount of time without any parent of the child being actively involved in the tuition or supervision of the child, and

(b)

the child is, or is eligible to be, registered by the authority under section 436B.

(2)

In this section—

(a)

“out-of-school education” means any programme or course of education, or any other kind of structured education, that is provided otherwise than as part of the education provided by a relevant school (within the meaning of section 436B);

(b)

“prescribed amount of time” means an amount of time prescribed—

(i)

by reference to a number of hours in, or a proportion of, a week or other period;

(ii)

by reference to a proportion of the time a child spends receiving education;

(iii)

in any other way.

(3)

The authority may by notice require the person—

(a)

to confirm whether or not the person is providing out-of-school education as mentioned in subsection (1)(a) to any child living in England or Wales (whether or not that child lives in the authority’s area) or has provided such education at any time during the period of three months ending with the date of the notice, and

(b)

to provide the authority with the following information in relation to any child living in England or Wales (whether or not that child lives in the authority’s area) to whom they are providing such education, or to whom they have provided such education during that three month period—

(i)

the child’s name, date of birth and home address,

(ii)

the total amount of time that they provide such education to the child, and

(iii)

the amount of time that they provide such education to the child without any parent of the child being actively involved in the tuition or supervision of the child.

(4)

A notice under subsection (3) is served if it is sent to or left at the place where the out-of-school education is provided (as well as in the circumstances referred to in section 572(1)).

(5)

Before the end of the specified period, the person on whom a notice under subsection (3) is served must comply with the requirement in the notice.

(6)

The “specified period” is the period, specified in the notice that—

(a)

is at least 15 days, and

(b)

begins with the day on which the notice is served.

(7)

Regulations may provide for exceptions to the duty in subsection (5).

(8)

Where a local authority is satisfied that a person on whom a notice under subsection (3) is served has—

(a)

failed to comply with their duty under subsection (5), or

(b)

provided incorrect information in response to the notice,

the authority may require the person to pay a monetary penalty to the authority in accordance with Schedule 31A.

(9)

The amount of the monetary penalty is to be the prescribed amount.

(10)

Subsection (8) does not apply in relation to a notice under subsection (3) that is served during the period of three months beginning with the day on which section 38 of the Children’s Wellbeing and Schools Act 2026 comes into force.

Annotations

Textual amendments

F1: Ss. 436B-436G and cross-heading inserted (29.4.2026 but only in relation to the power to make regulations conferred by ss. 436B, 436C, 436E, 436F, otherwise prosp.) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(2), 78(1)(a)(3)(5)