Children, Schools and Families Bill/Amendments to Section 442 of EA 1996

Current wording of Section 8 of Schedule 1

8 (1) Section 442 of EA 1996 (revocation of order at request of parent) is amended as follows.

(2) Before subsection (1) there is inserted—

“(A1) Subsections (B1) to (D1) apply where a school attendance order served by a local authority in England is in force in respect of a child.

(B1) If the child is registered on the authority’s home education register, the authority shall revoke the order.

(C1) If the authority are satisfied that the child—

(a) is in the area of another authority, and

(b) is registered on that authority’s home education register,

they shall revoke the order.

(D1) If at any time the parent applies to the authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education, otherwise than at a school, under section 19, the authority shall comply with the request, unless they are of the opinion that no satisfactory arrangements to this effect have been made.”

(3) In subsection (1), for the words from “This section” to “order” there is substituted “Subsection (2) applies where a school attendance order served by a local authority in Wales”.

(4) In subsection (3), after “subsection” there is inserted “(D1) or”.

(5) In subsection (5)(a), after “subsections” there is inserted “(B1) to (D1) and”.

Proposed amendment 1

Section 8(2), section (D1) Remove "under section 19,"

How Section 8 of Schedule 1 would look when amended

8 (1) Section 442 of EA 1996 (revocation of order at request of parent) is amended as follows.

(2) Before subsection (1) there is inserted—

“(A1) Subsections (B1) to (D1) apply where a school attendance order served by a local authority in England is in force in respect of a child.

(B1) If the child is registered on the authority’s home education register, the authority shall revoke the order.

(C1) If the authority are satisfied that the child—

(a) is in the area of another authority, and

(b) is registered on that authority’s home education register,

they shall revoke the order.

(D1) If at any time the parent applies to the authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education, otherwise than at a school, the authority shall comply with the request, unless they are of the opinion that no satisfactory arrangements to this effect have been made.”

(3) In subsection (1), for the words from “This section” to “order” there is substituted “Subsection (2) applies where a school attendance order served by a local authority in Wales”.

(4) In subsection (3), after “subsection” there is inserted “(D1) or”.

(5) In subsection (5)(a), after “subsections” there is inserted “(B1) to (D1) and”.

How Section 442 of the Education Act 1996 would look when amended

442 Revocation of order at request of parent

(A1) Subsections (B1) to (D1) apply where a school attendance order served by a local authority in England is in force in respect of a child.

(B1) If the child is registered on the authority’s home education register, the authority shall revoke the order.

(C1) If the authority are satisfied that the child—

(a) is in the area of another authority, and

(b) is registered on that authority’s home education register,

they shall revoke the order.

(D1) If at any time the parent applies to the authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education, otherwise than at a school, the authority shall comply with the request, unless they are of the opinion that no satisfactory arrangements to this effect have been made.

(1) Subsection (2) applies where a school attendance order served by a local authority in Wales is in force in respect of a child.

(2) If at any time the parent applies to the local education authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education otherwise than at school, the authority shall comply with the request, unless they are of the opinion that no satisfactory arrangements have been made for the education of the child otherwise than at school.

(3) If a parent is aggrieved by a refusal of the local education authority to comply with a request under subsection (D1) or (2), he may refer the question to the Secretary of State.

(4) Where a question is referred to the Secretary of State under subsection (3), he shall give such direction determining the question as he thinks fit.

(5) Where the child in question is one for whom the authority maintain a statement under section 324—

(a) subsections (B1) to (D1) and (2) to (4) do not apply if the name of a school or other institution is specified in the statement, and

(b) in any other case a direction under subsection (4) may require the authority to make such amendments in the statement as the Secretary of State considers necessary or expedient in consequence of his determination.