Education Act 1996, section 437

School attendance orders

Part VI School admissions, attendance and charges

(1)If it appears to a [F6local authorityF6] 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)That period 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 [F6local authorityF6] , 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.

(4)A school attendance order shall (subject to any amendment made by the [F6local authorityF6] ) 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)F843Where a maintained . . . school is named in a school attendance order, the [F6local authorityF6] shall inform the governing body and the head teacher.

(6)F843Where a maintained . . . school is named in a school attendance order, the governing body (and, in the case of a maintained school, the [F6local authorityF6] ) 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—

  • [F844 “maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital; and F844]

  • F845 ...

Definitions used in section 437 9

local authority

“local authority” means—

(a)

a local authority in England;

(b)

a local authority in Wales;

Defined in s.579(1) · see it in the full Act
child

“child” means a person who is not over compulsory school age;

Defined in s.579(1) · see it in the full Act
school

(1) In this Act (subject to subsections (1A) to (1C) ) “school” means an educational institution which is outside the further education sector and the wider higher education sector and is an institution for providing—

(a)primary education,

(b)secondary education, or

(c)both primary and secondary education,

Defined in s.4(1) · see it in the full Act
suitable education

(3) In this Chapter, “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 (in the case of a local authority in England) or suitable to the child's age, ability and aptitude and to any additional learning needs the child may have (in the case of a local authority in Wales) .

Defined in s.436A(3) · see it in the full Act
parent

(1) In this Act, unless the context otherwise requires, “parent”, in relation to a child or young person, includes any person—

(a)who is not a parent of his but who has parental responsibility for him, or

(b)who has care of him,

Defined in s.576(1) · see it in the full Act
prescribed

(2) In sections 436C, 436E, 436F, 436I and paragraph 5 of Schedule 31A “prescribed” means—

(a)prescribed by regulations made by the Secretary of State in relation to England, and

(b)prescribed by regulations made by the Welsh Ministers in relation to Wales.

Defined in s.436S(2) · see it in the full Act

“prescribed” (except in Chapter 5A) means prescribed by regulations;

Defined in s.579(1) · see it in the full Act
registered pupil

“registered pupil”, in relation to a school, means a person registered as a pupil at the school in the register kept under this section; and

Defined in s.434(5) · see it in the full Act
head teacher

“head teacher” includes acting head teacher;

Defined in s.579(1) · see it in the full Act
pupil

(3) The definition of “pupil” in subsections (1) and (1A) also apply (unless the context otherwise requires) for the purposes of any instrument made or having effect as if made under the Education Acts.

Defined in s.3(3) · see it in the full Act

(1) In this Act “pupil” means a person for whom education is being provided at a school, other than—

(a)a person who has attained the age of 19 for whom further education is being provided, or

(b)a person for whom part-time education suitable to the requirements of persons of any age over compulsory school age is being provided.

Defined in s.3(1) · see it in the full Act

Cases considering section 437 5

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

[2004] EWCA Civ 45 · 30 January 2004

Where a child avoidably remains out of school, the authority may use the school-attendance regime to secure education rather than provide alternative education under section 19. (see paras [40]; [44]–[46])

TW, R (on the application of) v Kent County Council

[2009] EWHC 1790 (Admin) · 17 July 2009Interprets

The court considers the notice procedure triggered where a local authority appears to consider that a child is not receiving suitable education. Non-use of the procedure did not amount to acceptance of Summerhill’s suitability. (see paras [75]-[86]) The court considers the conditions for serving a school attendance order and rejects the contention that failure to do so proved the authority regarded Summerhill as suitable. (see paras [76]-[86]) The court refers to the statutory meaning of suitable education, including education suitable to the child’s age, ability, aptitude and special educational needs, in analysing the enforcement issue. (see para [76]) The court considers the school-attendance enforcement scheme and holds that failure to invoke it did not establish that Summerhill was suitable or that the council accepted it as meeting the statement’s requirements. (see paras [75]-[86])

Isle of Wight Council v Platt

[2017] UKSC 28 · 6 April 2017

The provision permits a school attendance order where a notified parent fails to satisfy the local authority that suitable education is being received and the authority considers school attendance expedient. It forms part of the statutory context. (see para [18])

What each judgment says about section 437 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F6Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
  2. F843Words in s. 437(5)(6) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 113(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
  3. F844Definition substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 113(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
  4. F845Words in s. 437(8) repealed (27.2.2007 for E., 1.9.2009 for W.) by Education and Inspections Act 2006 (c. 40), ss. 4(2), 188(3), Sch. 18 Pt. 6; S.I. 2006/3400, art. 6(a)(g); S.I. 2009/1027, art. 3(a)(d)

Modifications

  1. C133S. 437: power to disapply conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 5 (with ss. 88-90)