Children Act 1989

13 (1) Where an education supervision order is in force with respect to a child, the duties of the child’s parents under [F1 sections 7 and 444 of the Education Act 1996 (duties to secure education of children and] to secure regular attendance of registered pupils) shall be superseded by their duty to comply with any directions in force under the education supervision order. E+W

(2) Where an education supervision order is made with respect to a child—

(a) any school attendance order—

(i) made under [F2 section 437 of the Education Act 1996] with respect to the child; and

(ii) in force immediately before the making of the education supervision order,

shall cease to have effect; and

(b) while the education supervision order remains in force, the following provisions shall not apply with respect to the child—

(i) [F3 section 437] of that Act (school attendance orders);

(ii) [F4 section 9 of that Act] (pupils to be educated in accordance with wishes of their parents);

(iii) [F5 sections 411 and 423 of that Act] (parental preference and appeals against admission decisions);

[F6 (c) a youth rehabilitation order made under [F7 Chapter 1 of Part 9 of the Sentencing Code] with respect to the child, while the education supervision order is in force, may not include an education requirement (within the meaning of that Part);]

(d) any education requirement of a kind mentioned in paragraph (c), which was in force with respect to the child immediately before the making of the education supervision order, shall cease to have effect.

Textual Amendments

F1 Words in Sch. 3 Pt. III para. 13(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I, para. 93(2)(a)(with s. 1(4), Sch. 39 paras. 30, 39)

F2 Words in Sch. 3 Pt. III para. 13(2)(a)(i) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, Pt. I para. 93(2)(b)(i)(with s. 1(4), Sch. 39 paras. 30, 39)

F3 Words in Sch. 3 Pt. III para. 13(2)(b)(i) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 93(2)(b)(ii)(with s. 1(4), Sch. 39 paras. 30, 39)

F4 Words in Sch. 3 Pt. III para. 13(2)(b)(ii) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 para. 93(2)(b)(iii)(with s. 1(4), Sch. 39, paras. 30, 39)

F5 Words in Sch. 3 Pt. III para. 13(2)(b)(iii) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, para. 93(2)(b)(iv)(with s. 1(4), Sch. 39 paras. 30, 39)

F6 Sch. 3 para. 13(2)(c) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 37(2) (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)

F7 Words in Sch. 3 para. 13(2)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 114(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I1 Sch. 3 Pt. III para. 13 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)