Children Act 1989, section 36

Education supervision orders

Part IV Care and Supervision

(1)On the application of any [F563local authorityF563] , the court may make an order putting the child with respect to whom the application is made under the supervision of a designated [F563local authorityF563] .

(2) In this Act “an education supervision order” means an order under subsection (1).

(3)A court may only make an education supervision order if it is satisfied that the child concerned is of compulsory school age and is not being properly educated.

(4)For the purposes of this section, a child is being properly educated only if he is receiving efficient full-time education suitable to his age, ability and aptitude and any special educational needs he may have.

(5)Where a child is—

(a)the subject of a school attendance order which is in force under [F564section 437 of the Education Act 1996F564] and which has not been complied with; or

[F565 (b)is not attending regularly within the meaning of section 444 of that Act—

(i)a school at which he is a registered pupil,

(ii)any place at which education is provided for him in the circumstances mentioned in subsection (1) [F566 or (1A)F566] of section 444ZA of that Act, or

(iii)any place which he is required to attend in the circumstances mentioned in subsection [F567 (1B) orF567] (2) of that section,F565]

then, unless it is proved that he is being properly educated, it shall be assumed that he is not.

(6)An education supervision order may not be made with respect to a child who is in the care of a local authority.

(7)The [F568local authorityF568] designated in an education supervision order must be—

(a)the authority within whose area the child concerned is living or will live; or

(b)where—

(i)the child is a registered pupil at a school; and

(ii)the authority mentioned in paragraph (a) and the authority within whose area the school is situated agree,

the latter authority.

(8)F570Where a [F569local authorityF569] propose to make an application for an education supervision order they shall, before making the application, consult the . . . appropriate local authority[F571 if differentF571] .

(9)The appropriate local authority is—

(a)in the case of a child who is being provided with accommodation by, or on behalf of, a local authority, that authority; and

(b)in any other case, the local authority within whose area the child concerned lives, or will live.

(10)Part III of Schedule 3 makes further provision with respect to education supervision orders.

[F572 (11)Where, for the purposes of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, a local authority in Wales is responsible for a child or a child is looked after by a local authority in Wales, the reference to special educational needs in subsection (4) is to be interpreted as a reference to additional learning needs (which has the same meaning as in that Act).F572]

Definitions used in section 36 9

local authority

“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;

Defined in s.105(1) · see it in the full Act
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
education supervision order

“education supervision order” has the meaning given in section 36;

Defined in s.105(1) · see it in the full Act
school

“school” has the same meaning as in the Education Act 1996 or, in relation to Scotland, in the Education (Scotland) Act 1980 ;

Defined in s.105(1) · see it in the full Act
special educational needs

“special educational needs” has the same meaning as in the Education Act 1996 ;

Defined in s.105(1) · see it in the full Act
registered pupil

“registered pupil” has the same meaning as in the Education Act 1996 ;

Defined in s.105(1) · see it in the full Act
the appropriate local authority

(3) In this paragraph “the appropriate local authority” has the same meaning as in section 36.

Defined in Sch.3 para.19(3) · see it in the full Act

Cases considering section 36 3

G, R (on the application of) v London Borough of Islington

[2003] EWHC 2817 (Admin) · 10 November 2003

Applies the provision under which an education supervision order may be made on a local education authority’s application. The order did not necessarily prevent a prosecution for an offence completed before it came into force. (see paras [2]–[4]; [25]–[27])

G, R (on the application of) v Westminster City Council

[2004] EWCA Civ 45 · 30 January 2004

The Court identified this provision as a possible source of power to seek an education supervision order where a child fails to attend school. (see para [45])

A (A Child), Re

[2001] EWCA Civ 162 · 9 February 2001Limits

The judgment records the trial judge’s reference to an assessment under section 36(6), but explains that the relevant statutory provision governing residential assessment was section 38(6). (see paras [34]-[35])

What each judgment says about section 36 is in the case-law panel in the full Act.

Amendments and notes

11 notes from legislation.gov.uk

Amendments

  1. F563Words in s. 36(1) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(7)(a)
  2. F564Words in s. 36(5) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 85(a)(with s. 1(4))
  3. F565S. 36(5)(b) substituted (1.9.2005 for E. and 1.9.2006 for W.) by Education Act 2005 (c. 18), ss. 117, 119, Sch. 18 para. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1
  4. F566Words in s. 36(5)(b)(ii) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 43(a); S.I. 2012/2197, art. 2(b)
  5. F567Words in s. 36(5)(b)(iii) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 43(b); S.I. 2012/2197, art. 2(b)
  6. F568Words in s. 36(7) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(7)(b)
  7. F570Words in s. 36(8) repealed (1.10.1993) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 149, Sch. 21 Pt. II; S.I. 1993/1975, art. 9, Sch. 1, Appendix.
  8. F569Words in s. 36(8) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(7)(c)(i)
  9. F571Words in s. 36(8) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(7)(c)(ii)
  10. F572S. 36(11) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 2(3); S.I. 2021/373, art. 8(j)(iii)

Commencement

  1. I33S. 36 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)