Children, Schools and Families Bill/Amendments to Section 443 of EA 1996

Current wording of Section 9 of Schedule 1

9 (1) Section 443 of EA 1996 (offence: failure to comply with order) is amended as follows.

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

“(A1) A parent on whom a school attendance order is served in respect of a child by a local authority in England, and who fails to comply with the requirements of the order, is guilty of an offence unless—

(a) the parent proves that he is causing the child to receive suitable education, otherwise than at school, under section 19,

(b) the child is registered on the authority’s home education register, or

(c) the parent proves that the child is in the area of another authority, and the child is registered on that authority’s home education register.”

(3) In subsection (1), after “served” there is inserted “by a local authority in Wales”.

Proposed amendment 1

Section 9(2), section (A1)(a) Delete all after "school"

How Section 9 of Schedule 1 would look when amended

9 (1) Section 443 of EA 1996 (offence: failure to comply with order) is amended as follows.

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

“(A1) A parent on whom a school attendance order is served in respect of a child by a local authority in England, and who fails to comply with the requirements of the order, is guilty of an offence unless—

(a) the parent proves that he is causing the child to receive suitable education, otherwise than at school,

(b) the child is registered on the authority’s home education register, or

(c) the parent proves that the child is in the area of another authority, and the child is registered on that authority’s home education register.”

(3) In subsection (1), after “served” there is inserted “by a local authority in Wales”.

How Section 443 of the Education Act 1996 would look when amended

443 Offence: failure to comply with school attendance order

(A1) A parent on whom a school attendance order is served in respect of a child by a local authority in England, and who fails to comply with the requirements of the order, is guilty of an offence unless—

(a) the parent proves that he is causing the child to receive suitable education, otherwise than at school,

(b) the child is registered on the authority’s home education register, or

(c) the parent proves that the child is in the area of another authority, and the child is registered on that authority’s home education register.

(1) If a parent on whom a school attendance order is served by a local authority in Wales fails to comply with the requirements of the order, he is guilty of an offence, unless he proves that he is causing the child to receive suitable education otherwise than at school.

(2) If, in proceedings for an offence under this section, the parent is acquitted, the court may direct that the school attendance order shall cease to be in force.

(3) A direction under subsection (2) does not affect the duty of the local education authority to take further action under section 437 if at any time the authority are of the opinion that, having regard to any change of circumstances, it is expedient to do so.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.