Abstract

Abstract This paper focuses on the concept of discretion, or scope for choice, in local authority provision of education services. It examines the legislative framework, comparing in particular the differing context and purposes of the 1944 Education Act and the Education Reform Act, 1988, which have set the boundaries for discretion. The argument is put forward that although the use of discretion in the provision of education services has a legal base, the application of choice reflects the style and ethos of individual local education authorities (LEAs). The paper also examines, through interviews and analysis of LEA documentation, how a number of LEAs with differing political values and purposes exercise their scope for choice. It explores, as an example, the exercise of choice within the development and implementation of local management of schools. The findings from the interviews suggest that, as the activities of LEAs become more controlled by central government statute and decentralized decision making in schools, the scope for LEAs to exercise discretion is reduced whilst that of schools is increased. The legislative impact of the Education Reform Act and increasing financial restrictions on local authority spending combine to reduce past differences in how LEAs exercise their discretion. Despite the complexity and force of the changes in education, the paper argues that there is still scope for LEAs to exercise new forms of influence. In order to do this, LEAs will need to reappraise their purposes and role, both in the context of legislative and financial changes and in the context of other such key developments as the Training and Enterprise Councils (TECs). The final part of the paper explores the opportunities for influence and offers a new strategic model for the future, the interactive LEA.

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