Legal Q&A: Charging for school activities
Coram Children's Legal Centre
Tuesday, October 31, 2017
Sections 449-462 of the Education Act 1996 govern the law on "charging for school activities". This applies to all maintained schools, academies and local authorities.
Can academies and maintained schools charge for educating children?
The general rule is that these schools cannot charge for education provided during school hours and they cannot charge for education provided outside of school hours if it is outside of the national curriculum/syllabus. If 50 per cent or more of the time on the activity is during school hours, it is deemed to take place during school hours and no charge can be made.
Can a school charge for an activity that takes place out of school hours and it is not part of the curriculum/syllabus?
This type of activity is referred to as an "optional extra". Schools must first obtain parents' consent to their child's participation in the optional extra and their agreement to pay the cost. The charge should not include a subsidy for those pupils who are not participating. If less than 50 per cent of the time on the activity is during school hours, the whole trip is deemed to take place outside school hours and the school can charge.
Can a school ask parents for voluntary contributions?
Schools can ask for voluntary contributions for the benefit of the school or any school activities. It must be made clear to parents that the contributions are voluntary and parents must not be made to feel pressurised into paying. The school cannot exclude a child from taking part in an activity that is part of the National Curriculum purely on the grounds that the parent or carer cannot make, or refuses to make, a contribution. If insufficient voluntary contributions are received to cover the cost of the visit or activity, and there is no alternative to make up the shortfall, the school should cancel the visit/activity.
What charges can be made in relation to examinations?
Schools and local authorities cannot charge for a pupil's entry for an examination if the examination is on the school's set list and the pupil was prepared for it at the school. The school can charge for an exam if it is on the school's set list but the pupil was not prepared for it at the school, or alternatively if the exam is not on the school's set list but it was arranged for the pupil to sit the exam.
