The parent of a compulsory school age child needs to make sure they are getting a suitable education.
A local authority needs to be able to identify children in its area not receiving a suitable education. If we (the local authority) identify a child, we will contact the parent for more information and to show that their child is receiving a suitable education.
If we have not had sufficient information about the home education being provided, no information about other education being provided or have had no information, and it appears to us that a child is not receiving a suitable education at home, we must serve a notice (known as a s.437(1) notice). The notice requires the parent/s satisfy the authority (us) that the child is receiving a full-time and efficient education suitable to the child’s needs.
The local authority must consider the response given, if any, which is made to the notice, to decide whether a child is receiving an education which meets the parental responsibilities in s.7, taking account of any evidence provided and any other information it has about the education the child is receiving.
If parents make no response at all, then the local authority is entitled to conclude that the child is not receiving a suitable education.
If the parents fail to satisfy the local authority that their child is receiving a suitable education, and the local authority considers that that they should attend school, then the local authority has a legal obligation to serve the parents with a school attendance order (SAO). This will name a specific school and require you to register your child at that school by the date given.
If an SAO is issued by the local authority, it must be complied with, and failure to do so is a criminal offence.
If parents comply with it and send their child to the school named in the order, they can still ask to have their child attend another school. This would be done by requesting a place at that other school; and if that is available, asking the local authority to vary the order and if that request is agreed, sending your child to that school.
Alternatively, parents can seek to have the order revoked by giving evidence to the local authority that satisfactory arrangements have been made for suitable education to be provided, so that their child need not attend the named school.
