. |
School Attendance Orders
Education Act 1996 s 437-443, (previously s 192-198 1993 Act)
The formal steps provided for in these sections should not be needed unless something has gone seriously wrong. Nevertheless they are summarised here for reference:
1. If the LEA has evidence that the educational provision appears to be inadequate, the LEA must serve the parents with a notice giving them at least 15 days to satisfy them that they are educating properly.
2. If the parents fail to do this, the LEA then have to consider whether it is expedient for the child to go to school. If they think it is, they must serve a 'school attendance order'. But before doing so they must serve a notice stating which school they intend to name in the order, and giving the parents a chance to choose an alternative.
3. The LEA serve a school attendance order requiring the parents to register the child as a pupil at the school named in it.
4. The parents can ask the LEA to revoke the order because they are educating 'otherwise'.
5. The LEA can prosecute the parents for not complying with the order, but the action will fail if the parents can show the court that they are educating 'otherwise'.
The evidence that a court requires to satisfy itself that adequate education is taking place, is such as would convince 'a reasonable person', 'on the balance of probabilities'.
(Under section 447, whether they prosecute or not, the LEA must also consider applying for an education supervision order.)
|
. |