Education Act 1996, section 447

Education supervision orders

Part VI School admissions, attendance and charges

(1)Before instituting proceedings for an offence under section 443 or 444, a [F6local authorityF6] shall consider whether it would be appropriate (instead of or as well as instituting the proceedings) to apply for an education supervision order with respect to the child.

(2)The court—

(a)by which a person is convicted of an offence under section 443, or

(b)before which a person is charged with an offence under section 444,

F939may direct the [F6local authorityF6] instituting the proceedings to apply for an education supervision order with respect to the child unless the authority ... decide that the child’s welfare will be satisfactorily safeguarded even though no education supervision order is made.

[F940 (2A)A local authority may not make a decision as mentioned in subsection (2) unless—

(a)they are the appropriate local authority, or

(b)they have consulted that authority.F940]

(3)Where, following [F941a direction under subsection (2)F941] , a [F6local authorityF6] decide not to apply for an education supervision order, they shall inform the court of the reasons for their decision.

(4)Unless the court has directed otherwise, the information required under subsection (3) shall be given to the court before the end of the period of eight weeks beginning with the date on which the direction was given.

(5)Where—

(a)a [F6local authorityF6] apply for an education supervision order with respect to a child who is the subject of a school attendance order, and

(b)M8the court decides that section 36(3) of the Children Act 1989 (education supervision orders) prevents it from making the order,

the court may direct that the school attendance order shall cease to be in force.

(6)In this section—

  • M9 “the appropriate local authority” has the same meaning as in section 36(9) of the Children Act 1989 , and

  • “education supervision order” means an education supervision order under that Act.

Definitions used in section 447 3

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 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

Cases considering section 447 3

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

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

Confirms the statutory context permitting education supervision orders and section 444 prosecutions to coexist, subject to the difficulty of relying on conduct during the order. (see paras [25]–[27]) Interprets the phrase “instead of or as well as” as expressly permitting a local education authority to consider an education supervision order in addition to instituting proceedings under section 444. (see paras [5]; [18]; [25]–[27])

Barnfather v Islington Education Authority & Anor

[2003] EWHC 418 (Admin) · 7 March 2003

The provision requires a local education authority to consider an education supervision order before bringing proceedings. The court treated that obligation as a safeguard supporting proportionality. (see paras [4], [29], [30]) The provision permits the court to direct an application for an education supervision order, subject to the statutory welfare qualification. The court treated this power as an available safeguard for a blameless parent. (see paras [4], [29], [30])

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])

What each judgment says about section 447 is in the case-law panel in the full Act.

Amendments and notes

7 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. F939Words in s. 447(2) repealed (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(8)(a), Sch. 3 Pt. 1
  3. F940S. 447(2A) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(8)(b)
  4. F941Words in s. 447(3) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(8)(c)

Modifications

  1. C143S. 447(2)(3) modified (18.6.2011) by The Magistrates Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 (S.I. 2011/1329), rules 1, 79(1) (with rule 3)

Marginal citations

  1. M81989 c. 41.
  2. M91989 c. 41.