Education Supervision Orders
| Author | Safda Mahmood/Julie Doughty |
| Pages | 133-138 |
The Education Act 1996, combined with the provisions of section 36 of, and Schedule 3 to, the CA 1989, authorises the prosecution of parents who fail to ensure that their child receives a proper full-time education. A local authority has an obligation under sections 444A and 444ZA of the Education Act 1996 to take legal action so as to enforce school attendance. This is done through its Education Welfare Service.
Parents have the right to educate their children other than in school, provided that the child receives a ‘proper education’ as described below. The local education authority may agree, under the Education Act 1996, to help parents to arrange education otherwise than at school. The Department for Education guidance, School Attendance (Guidance for Maintained Schools, Academies, Independent Schools and Local Authorities) (September 2018), page 8, section 1, provides that schools and local authorities should not seek to prevent parents from educating their children outside the school system. There is no requirement for parents to obtain the school or local authority’s agreement to educate their child at home. Page 4 of this guidance provides that the government expects that schools and local authorities promote good attendance and reduce absence, including persistent absence; ensure every pupil has access to full-time education to which he or she is entitled; and act early to address patterns of absence. Also, for parents to perform their legal duty by ensuring their children of compulsory school age who are registered at school attend regularly, and that all pupils to be punctual to their lessons.
Section 36(4) of the CA 1989 states that ‘a child is being properly educated only if he is receiving efficient full-time education suitable to his age, ability and aptitude, and any special educational needs he may have’. Under section 437 of the Education Act 1996, a local education authority which is concerned about a child’s education may serve notice on parents to show that the child is being properly educated. If the parents fail to comply or to provide the required proof, then the local authority may serve on parents a ‘school attendance order’, requiring the parents to register the child at a named school. Failure to comply with this order constitutes an offence, and on prosecution, the court may direct the local authority to apply for an education supervision order.
134 Child Care and Protection: Law and...
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