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.