Tuesday, November 24, 2009

Children, Schools and Families Bill, Schedule 1 Paragraph 5 - 10

Schedule 1 Paragraph 5 - 10

School attendance orders

5 (1)Section 437 of EA 1996 (school attendance orders) is amended as follows.


5 (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.”

(6)In section 438 of EA 1996 (choice of school), after “section 437(3)” there is inserted “or (3A)”.


(7) In section 441 of EA 1996 (choice of school: child with statement of special educational needs), after “section 437(3)” there is inserted “or (3A)”.

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”.

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

(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”.

10 In section 580 of EA 1996 (index), in the entry for “school attendance order”, for “section 437(3)” there is substituted “section 437(9)”.

1 comment:

me said...

"(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.”"

How can it be decided that 'it is expedient that a child should attend school' WITHOUT taking into consideration the education that the child is receiving???? grrrr!!!
Mandy