What is an Education Supervision Order?
An Education Supervision Order (ESO) is a legal intervention available under Section 36 of the Children Act 1989. It places a child under the supervision of the Local Authority where the court is satisfied that the child is not receiving a suitable education and that an order would help secure their education and improve outcomes.
An ESO is intended to support families in improving school attendance and engagement through a structured programme of intervention and supervision. It is often considered where significant attendance concerns remain despite support and intervention, and where a supportive approach is considered more appropriate than prosecution.
When Should an ESO Be Considered?
An ESO may be considered where:
- A child has a persistent pattern of poor attendance.
- Appropriate support and intervention have been offered but attendance remains a concern.
- There is evidence that additional support and oversight are required to secure the child’s education.
- Parents have not engaged sufficiently with attempts to improve attendance.
- A supportive and supervisory approach is considered likely to achieve better outcomes than prosecution.
The decision to pursue an ESO will be made by the Local Authority following consideration of the individual circumstances of the case.
Education Supervision Orders and Prosecution
In accordance with statutory guidance and Section 447 of the Education Act 1996, the Local Authority will consider whether an Education Supervision Order (ESO) is a more appropriate intervention than prosecution when determining the most suitable response to persistent attendance concerns. An ESO may be considered where a supportive and supervisory approach is likely to be more effective in securing regular school attendance and addressing the barriers affecting a child’s education. The decision will be based on the individual circumstances of the child and family and the available evidence.
The School’s Role
Schools play an important role in identifying attendance concerns and providing support at the earliest opportunity.
Before an ESO is considered, schools should ensure that:
- Attendance concerns have been clearly identified and monitored.
- Appropriate support and intervention have been offered in line with Sutton’s Attendance Graduated Response.
- Parents have been given opportunities to engage with support services.
- Attendance meetings, action plans and interventions have been documented.
- Accurate attendance records are maintained.
Schools may be asked to provide evidence to support an application for an ESO.
Evidence Required
The Local Authority may request evidence including:
- Attendance records and attendance reports.
- Records of communication with parents and carers.
- Details of support and interventions offered.
- Minutes of attendance meetings and review meetings.
- Attendance contracts or other formal agreements.
- Information relating to any wider factors affecting attendance.
The quality and completeness of evidence will be considered when determining whether an application for an ESO is appropriate.
What Happens Following an ESO?
Where the court grants an Education Supervision Order, a supervising officer will be appointed by the Local Authority.
The supervising officer will work with the child, parents, school and other relevant professionals to promote regular school attendance and address any barriers to education.
Schools will be expected to:
- Work collaboratively with the supervising officer.
- Share relevant attendance information.
- Attend meetings where appropriate.
- Continue to support the child in achieving regular attendance.
The success of an Education Supervision Order relies on effective partnership working between the child, family, school, Local Authority and any other agencies involved. Schools should continue to engage with agreed plans and support measures throughout the duration of the order.
Where Further Action May Be Required
An Education Supervision Order is a court order. Parents and children are expected to comply with reasonable directions given by the supervising officer.
Where an ESO does not result in improved attendance, or where families fail to engage with the requirements of the order, the Local Authority may consider further legal intervention where appropriate.
Further Information
Schools seeking advice regarding Education Supervision Orders should contact the Attendance Support Team to discuss the most appropriate course of action before making a referral.