Children, Schools and Families Bill/Amendments to Section 437 of EA 1996
Current wording of Section 5 of Schedule 1
editSchool attendance orders
5 (1) Section 437 of EA 1996 (school attendance orders) is amended as follows.
- (2) Before subsection (1) there is inserted—
- “(A1) Subsection (B1) applies if—
- (a) it appears to a local authority in England that a child of compulsory school age in their area is not receiving suitable education, and
- (b) the child does not appear to the authority to be a home-educated child.
- (B1) The authority shall serve a notice in writing on the child’s parent requiring the parent to satisfy them within the period specified in the notice that the child is either—
- (a) receiving suitable education provided wholly or partly by regular attendance at school, or otherwise than at school under section 19,
- (b) registered on their home education register, or
- (c) in the area of another authority and registered on that authority’s home education register.”
- (3) In subsection (1), after “authority” there is inserted “in Wales”.
- (4) In subsection (2), for “That period” there is substituted “The period specified in a notice under this section”.
- (5) In subsection (3)—
- (a) in paragraph (a)—
- (i) after “subsection” there is inserted “(B1) or”;
- (ii) after “authority” there is inserted “as specified in the notice”;
- (iii) the words “that the child is receiving suitable education, and” are omitted;
- (b) at the end of paragraph (b) there is inserted “and
- (c) in the case of a notice served under subsection (B1), the child does not appear to the authority to be a home- educated child,”;
- (b) at the end of paragraph (b) there is inserted “and
- (c) for the words from “on the parent” to the end there is substituted “a school attendance order on the parent”.
- (6) After subsection (3) there is inserted—
- “(3A) If it appears to a local authority in England—
- (a) that a child of compulsory school age in their area is a home-educated child, but is not registered on their home education register, and
- (b) that it is expedient that the child should attend school, the authority shall serve a school attendance order on the child’s parent.
- (3B) In determining for the purposes of subsection (3A)(b) whether it is expedient that a child should attend school, an authority shall disregard any education being provided to the child as a home-educated child.”
- (7) After subsection (8) there is inserted—
- “(9) In this Act “school attendance order” means an order, in such form as may be prescribed, served on a child’s parent under this section and requiring the parent to cause the child to become a registered pupil at a school named in the order.”
Proposed amendment 1
editSection 5(2), section (B1)(a) Remove "under section 19"
Proposed amendment 2
editSection 5(6), section (3B) Replace with
- "(3B) In determining for the purposes of subsection (3A)(b) whether it is expedient that a child should attend school, an authority shall at all times consider
- (a) the child's well-being and previous educational history.
- (b) that the primary responsibility for the child's education rests with the parents.
- (c) the principle of the Children Act 1989 Section 1(5)
- (d) whether it has taken all reasonable steps to support the family and improve the suitability of the education being provided in the home."
How Section 5 of Schedule 1 would look when amended
editSchool attendance orders
5 (1) Section 437 of EA 1996 (school attendance orders) is amended as follows.
- (2) Before subsection (1) there is inserted—
- “(A1) Subsection (B1) applies if—
- (a) it appears to a local authority in England that a child of compulsory school age in their area is not receiving suitable education, and
- (b) the child does not appear to the authority to be a home-educated child.
- (B1) The authority shall serve a notice in writing on the child’s parent requiring the parent to satisfy them within the period specified in the notice that the child is either—
- (a) receiving suitable education provided wholly or partly by regular attendance at school, or otherwise than at school,
- (b) registered on their home education register, or
- (c) in the area of another authority and registered on that authority’s home education register.”
- (3) In subsection (1), after “authority” there is inserted “in Wales”.
- (4) In subsection (2), for “That period” there is substituted “The period specified in a notice under this section”.
- (5) In subsection (3)—
- (a) in paragraph (a)—
- (i) after “subsection” there is inserted “(B1) or”;
- (ii) after “authority” there is inserted “as specified in the notice”;
- (iii) the words “that the child is receiving suitable education, and” are omitted;
- (b) at the end of paragraph (b) there is inserted “and
- (c) in the case of a notice served under subsection (B1), the child does not appear to the authority to be a home- educated child,”;
- (b) at the end of paragraph (b) there is inserted “and
- (c) for the words from “on the parent” to the end there is substituted “a school attendance order on the parent”.
- (6) After subsection (3) there is inserted—
- “(3A) If it appears to a local authority in England—
- (a) that a child of compulsory school age in their area is a home-educated child, but is not registered on their home education register, and
- (b) that it is expedient that the child should attend school, the authority shall serve a school attendance order on the child’s parent.
- (3B) In determining for the purposes of subsection (3A)(b) whether it is expedient that a child should attend school, an authority shall at all times consider
- (a) the child's well-being and previous educational history.
- (b) that the primary responsibility for the child's education rests with the parents.
- (c) the principle of the Children Act 1989 Section 1(5)
- (d) whether it has taken all reasonable steps to support the family and improve the suitability of the education being provided in the home."
- (7) After subsection (8) there is inserted—
- “(9) In this Act “school attendance order” means an order, in such form as may be prescribed, served on a child’s parent under this section and requiring the parent to cause the child to become a registered pupil at a school named in the order.”
How Section 437 of the Education Act 1996 would look when amended
edit437 School attendance orders
- (A1) Subsection (B1) applies if—
- (a) it appears to a local authority in England that a child of compulsory school age in their area is not receiving suitable education, and
- (b) the child does not appear to the authority to be a home-educated child.
- (B1) The authority shall serve a notice in writing on the child’s parent requiring the parent to satisfy them within the period specified in the notice that the child is either—
- (a) receiving suitable education provided wholly or partly by regular attendance at school, or otherwise than at school,
- (b) registered on their home education register, or
- (c) in the area of another authority and registered on that authority’s home education register.
- (1) If it appears to a local education authority in Wales that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education.
- (2) The period specified in a notice under this section shall not be less than 15 days beginning with the day on which the notice is served.
- (3) If—
- (a) a parent on whom a notice has been served under subsection (1) fails to satisfy the local education authority, within the period specified in the notice, that the child is receiving suitable education, and
- (b) in the opinion of the authority it is expedient that the child should attend school,
- the authority shall serve on the parent an order (referred to in this Act as a “school attendance order”), in such form as may be prescribed, requiring him to cause the child to become a registered pupil at a school named in the order.
- (3A) If it appears to a local authority in England—
- (a) that a child of compulsory school age in their area is a home-educated child, but is not registered on their home education register, and
- (b) that it is expedient that the child should attend school, the authority shall serve a school attendance order on the child’s parent.
- (3B) In determining for the purposes of subsection (3A)(b) whether it is expedient that a child should attend school, an authority shall at all times consider
- (a) the child's well-being and previous educational history.
- (b) that the primary responsibility for the child's education rests with the parents.
- (c) the principle of the Children Act 1989 Section 1(5)
- (d) whether it has taken all reasonable steps to support the family and improve the suitability of the education being provided in the home.
- (4) A school attendance order shall (subject to any amendment made by the local education authority) continue in force for so long as the child is of compulsory school age, unless—
- (a) it is revoked by the authority, or
- (b) a direction is made in respect of it under section 443(2) or 447(5).
- (5) Where a maintained or grant-maintained school is named in a school attendance order, the local education authority shall inform the governing body and the head teacher.
- (6) Where a maintained or grant-maintained school is named in a school attendance order, the governing body (and, in the case of a maintained school, the local education authority) shall admit the child to the school.
- (7) Subsection (6) does not affect any power to exclude from a school a pupil who is already a registered pupil there.
- (8) In this Chapter—
- “maintained school” means any county or voluntary school or any maintained special school which is not established in a hospital; and
- “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.
- (9) In this Act “school attendance order” means an order, in such form as may be prescribed, served on a child’s parent under this section and requiring the parent to cause the child to become a registered pupil at a school named in the order.
Links
editChildren Schools and Families Bill
Explanatory notes for Amendments
Amendments to Section 19B of Schedule 1
Amendments to Section 19C of Schedule 1
Amendments to Section 19D of Schedule 1
Amendments to Section 19E of Schedule 1
Amendments to Section 19F of Schedule 1
Amendments to Section 19G of Schedule 1
Amendments to Section 19H of Schedule 1
Amendments to Section 19I of Schedule 1
Proposed new Section 19J of Schedule 1
Amendments to Section 437 of EA 1996
Amendments to Section 442 of EA 1996
Amendments to Section 443 of EA 1996