What is a School Attendance Order?
A School Attendance Order is an Order issued by the Local Authority. It requires the child to become a registered full- time pupil at the school named on the Order.
If you have not registered your child at a school you may be asked to provide evidence that they are receiving:
- efficient
- full-time education
- suitable for their
- age
- aptitude, and
- ability
including any special educational needs they may have.
If you fail to do this, you will be contacted by our Education Welfare Service.
If your child is put on roll at a suitable school a School Attendance Order will not be applied for. However, the child’s school attendance will be monitored.
When is a School Attendance Order issued?
If you fail to satisfy us that your child is receiving a suitable education, you will receive a formal letter. A suitable education can be either in school, or otherwise than at school. The letter will give you a deadline by which your child must be in school. The letter will also indicate the school which will be named in the School Attendance Order if you fail to do this. The school Attendance Order would be applied for from the Magistrates Court once the deadline has passed.
What is suitable education?
Efficient Full-Time education according to the child’s age, aptitude, and ability. This must consider any special needs of the child.
You can choose a different school to the one named in the School Attendance Order letter. The school must be suitable to the child’s needs, has places available in the child’s year group and agrees to offer a place. In this case the School Attendance Order will be changed to name the school chosen by you.
What happens if you still refuse to register your child at school?
Failure to comply with the School Attendance Order means that you have committed an offence. The Local Authority will prosecute you under Section 443 of the Education Act 1996. This offence carries a maximum fine of £1,000.
How long does a School Attendance Order last?
A School Attendance Order can continue to be in force for as long as the child is of compulsory school age. In practice, however, this is not usually the case. A School Attendance Order can be revoked if:
- we revoke the School Attendance Order as it is no longer needed
- you are acquitted in court
- a different Order is applied for and granted by the court eg an Education Supervision Order