Section 437 with Amendments

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 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.

(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 (B1) or (1) fails to satisfy the local education authority as specified in the notice, within the period specified in the notice,

(b) in the opinion of the authority it is expedient that the child should attend school, the authority shall serve a school attendance order on the parent

(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,”;

(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.

(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 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 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 community, foundation or voluntary
school or any community or foundation special school 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.”

If we have this correctly, this would mean that if a home educated child is unregistered, it doesn't matter if a suitable education is being provided. An SAO will be automatically issued. Whether it would be possible to apply to register within the time specified in the notice of the SAO is another matter.

If parents refuse to co-operate with the SAO, the courts will also not consider the matter of whether a suitable education is being provided and will automatically find them guilty.

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(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.”