Right to education 

Full-time education in England is compulsory for all children following a child’s fifth birthday until age 16. Under Section 7 of the Education Act 1996:

‘The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable –

(a) to his age, ability and aptitude, and

(b) to any special educational needs he may have, either by regular attendance at school or otherwise.’

Parents have the right to educate their children at home and are not required to notify the school or the relevant local authority of their decision to do so. See ‘Home education’ in the article ‘Organisation of the Education System and of its Structure’.

From age 16 to 18, young people must be in full- or part-time education or training, in accordance with the Education and Skills Act 2008.

Individual rights 

The Human Rights Act 1998 gives individuals in the UK a clear legal statement of their basic rights and fundamental freedoms, including the right to an effective education. Parents also have the right to ensure that their religious and philosophical beliefs are respected in their children's education.

Both the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Data Protection Act 2018 control how personal data is processed and used by organisations, businesses and government. While the GDPR is a regulation of the European Parliament and the Council of the European Union, the Data Protection Act updates data protection laws in the UK and extends these laws to areas which are not covered by the GDPR. The Freedom of Information Act 2000 gives individuals the right to access recorded information held by public sector organisations, including maintained schools, academies and local authorities. The Information Commissioner’s Office provides advice for education providers on how to comply with the relevant data protection and freedom of information legislation.

Equality legislation 

All public bodies are bound by the Equality Act 2010, which harmonises and extends previous equality legislation and seeks to protect the rights of individuals and advance equality of opportunity for all. The Act applies to education authorities both in their role as education providers and in their role as employers, requiring them to eliminate discrimination and foster good relations between individuals who share a protected characteristic and those who do not. Under the Act, the following are ‘protected characteristics’, or the categories to which the law applies:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation.

Further information on the Act and its provisions is available on the Government Equalities Office website.

Under the Children and Families Act 2014, there is a general presumption of inclusion in mainstream education for pupils with special educational needs (SEN).

For more information on how this legislation applies to education bodies, see the chapter ‘Educational Support and Guidance’.

Prevention of extremism 

The Prevent Duty, introduced under the Counter-Terrorism and Security Act 2015, requires specified authorities, which include, but are not limited to, organisations within the education sector in England, Wales and Scotland, to have due regard to the need to prevent people from being drawn into terrorism. Separate guidance for schools and childcare providers, further education institutions and higher education institutions has been issued by the Home Office in relation to the Prevent Duty.

Education policy priorities 

The Department for Education’s (DfE) single departmental plan, published in December 2017 and updated in June 2019, identifies the seven cross-cutting principles which will shape its work:

• ensuring academic standards match and keep pace with key comparator nations
• bringing technical education standards in line with leading international systems
• ensuring that education builds character, resilience and well-being
• recruiting, developing and retaining the best possible workforce to deliver education and care
• prioritising the most disadvantaged people and places
• protecting the autonomy of institutions by intervening only where clear boundaries are crossed
• ensuring value for money.

See the Chapter on ‘Ongoing Reforms and Policy Developments‘ for further information on current education policy priorities and an overview of priorities related to specific phases of education.

Article last reviewed December 2020.