Education Act 1996 s.443 – Offence: failure to comply with school attendance order

(1)If a parent on whom a school attendance order is served fails to comply with the requirements of the order, he is guilty of an offence, unless he proves that he is causing the child to receive suitable education otherwise than at school.

(2)If, in proceedings for an offence under this section, the parent is acquitted, the court may direct that the school attendance order shall cease to be in force.

(3)A direction under subsection (2) does not affect the duty of the [^F6local authority^F6] to take further action under section 437 if at any time the authority are of the opinion that, having regard to any change of circumstances, it is expedient to do so.

(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Definitions used in section 443 6

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

school attendance order

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.

Defined in s.437(3) · 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

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

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

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

Cases considering section 443 3

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

[2004] EWCA Civ 45 · 30 January 2004

The offence and enforcement regime supports the conclusion that avoidable absence should be addressed through attendance powers, rather than by treating section 19 as requiring alternative provision. (see paras [40]; [44]–[46])

Secretary of State for Work and Pensions v BC

[2023] UKUT 10 (AAC) · 6 January 2023

The provision was used to explain the consequence of failing to comply with a school attendance order, subject to proving that suitable education was provided otherwise than at school. (see para [13]) The provision was used to explain that failure to comply with a school attendance order is an offence unless suitable education is being provided otherwise than at school. (see para [13])

M, R (on the application of) v Inner London Crown Court

[2003] EWHC 301 (Admin) · 10 February 2003Defines

Identifies failure to comply with a school attendance order as a statutory precondition capable of triggering a parenting order. (see paras [11]-[12])

What each judgment says about section 443 is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

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))

Modifications

C139S. 443: 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)