What is a School Attendance Order?
A School Attendance Order (SAO) is a legal mechanism available to a local authority where it appears that a compulsory school age child is not receiving a suitable education and the parent has failed to satisfy the local authority that suitable education is being provided. If the local authority considers the child should attend school, it must issue a School Attendance Order under section 437 of the Education Act 1996.
An SAO names a school that the child must attend and requires the parent to register the child at that school within the specified timescale. Failure to comply with an SAO is a criminal offence.
When Might an SAO Be Considered?
An SAO may be considered where:
- A child of compulsory school age is not on roll at a school.
- The local authority has reason to believe the child is not receiving a suitable education.
- Attempts to obtain evidence of suitable education have been unsuccessful.
- The information provided does not satisfy the local authority that the education is efficient, full-time and suitable to the child’s age, ability, aptitude and any special educational needs.
What is the role of the Local Authority?
The Local Authority is responsible for investigating concerns that a child may not be receiving a suitable education and, where necessary, administering and enforcing the School Attendance Order process.
What does ‘suitable education’ mean?
A suitable education is one that is appropriate to a child’s age, ability, aptitude and any special educational needs they may have. When considering whether education is suitable, the Local Authority will review the information and evidence available about the child’s educational provision.
What is the role of the School/ provision named on the SAO?
The school named on an SAO are required to admit that child onto their school roll once admission to the school has been requested by the parent.
The school should facilitate the enrollment of the child and provide support to the parent if required for the enrollment to take place.
Schools are not required to contact the parent to arrange the meeting unless this has been specifically identified as reasonable support for the parent as the onus is on the parent to enroll their child at the school/provision.
When does an SAO end?
The Order stays in place whilst the child is still of compulsory school age. It would end on the last Friday in June of the academic year that they turn 16.
The Order may also be revoked if evidence of education is provided by the parent and the LA is satisfied that the education is suitable.
A magistrate may also instruct the LA to revoke the Order if evidence of education is provided and deemed suitable by the magistrate.
Can a parent refuse to comply?
A parent may disagree with a School Attendance Order; however, once an Order has been served it must be complied with unless it is varied or revoked by the local authority. Failure to comply with a School Attendance Order is an offence under Section 443 of the Education Act 1996 and may result in prosecution in the Magistrates’ Court.
What happens if the child does not start at the named school?
Schools should notify Cognus immediately if a child fails to start as expected so that the Local Authority can consider what further action may be required.
Why has our school been named?
A school may be named because it is considered the most appropriate available school for the child. The decision to name a school rests with the Local Authority in accordance with the requirements of the Education Act 1996.