Education supervision orders
Education supervision orders

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Education supervision orders
  • General
  • Prior to proceedings
  • Prohibition on proceedings
  • Criteria
  • Proceedings
  • Effect of an order
  • Length of order
  • Non-compliance
  • Discharge

General

If there are concerns that a child is not being properly educated, but these are part of a wider picture of a child who is more generally suffering (or at risk of suffering) significant harm attributable to a lack of reasonable parental care, or that the child is beyond parental control, it is open to the local authority to commence care proceedings, under ChA 1989, s 31. If the child is not attending school, and is living at home, the court may well conclude that the child is either beyond parental control or not receiving adequate parental care. See Practice Notes: Public children—principle of significant harm and Welfare principle in public law proceedings.

If the concerns are only educational, for example truancy, the usual first step will be to consider an application for an education supervision order, under ChA 1989, s 36.

Prior to proceedings

In two instances, the local authority must consult another local authority before commencing proceedings:

  1. if the child is being provided with accommodation by or on behalf of another local authority, or

  2. if the child lives, or will live, in the area of another local authority

Prohibition on proceedings

The court cannot make an education supervision order in respect of a child who is in the care of a local authority, under either