Children, Schools and Families Bill/Amendments to Section 437 of EA 1996

Current wording of Section 5 of Schedule 1

School 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,”;

(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

Section 5(2), section (B1)(a) Remove "under section 19"

Proposed amendment 2

Section 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

School 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,”;

(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

437 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.