Education supervision orders CA 1989 s. 36
CA 1989 s. 36 allows local authorities to apply for an education supervision order to ensure a child of compulsory school age receives proper education.
On the application of any local authority , the court may make an order putting the child with respect to whom the application is made under the supervision of a designated local authority . In this Act “ an education supervision order ” means an order under subsection (1). 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. 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. Where a child is— the subject of a school attendance order which is in force under section 437 of the Education Act 1996 and which has not been complied with; or is not attending regularly within the meaning of section 444 of that Act— a school at which he is a registered pupil, any place at which education is provided for him in the circumstances mentioned in subsection (1) or (1A) of section 444ZA of that Act, or any place which he is required to attend in the circumstances mentioned in subsection (1B) or (2) of that section, then, unless it is proved that he is being properly educated, it shall be assumed that he is not. An education supervision order may not be made with respect to a child who is in the care of a local authority. The local authority designated in an education supervision order must be— the authority within whose area the child concerned is living or will live; or where— the child is a registered pupil at a school; and the authority mentioned in paragraph (a) and the authority within whose area the school is situated agree, the latter authority. Where a local authority propose to make an application for an education supervision order they shall, before making the application, consult the . . . appropriate local authority if different . The appropriate local authority is— in the case of a child who is being provided with accommodation by, or on behalf of, a local authority, that authority; and in any other case, the local authority within whose area the child concerned lives, or will live. Part III of Schedule 3 makes further provision with respect to education supervision orders. 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).
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Under this section, a court may grant an education supervision order placing a child under the supervision of a specified local authority upon that authority's application. The court can only make this order if the child is of compulsory school age and is not receiving proper education.
Proper education is defined as efficient full-time education suited to the child's age, ability, aptitude, and any special educational needs or additional learning needs. If a child fails to comply with a school attendance order or misses school regularly without a legal excuse, the law presumes the child is not being properly educated unless the contrary is proved.
An education supervision order cannot be made for any child who is currently in local authority care. Before applying, the local authority must consult with the council in whose area the child lives.
When it applies
- A local authority applies to court because a child of compulsory school age is persistently absent from school without justification.
- A council seeks a court order after a parent fails to comply with an active school attendance order.
- A local authority consults with another authority where a child resides prior to filing an application for supervision.
What this section does not say
- Placing a child into local authority care, which is dealt with under care order provisions.
- Making emergency protection orders for children in immediate danger.
- Applying for an education supervision order for a child who is already in local authority care.
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This page reproduces the text of CA 1989 s. 36 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.