Children Act 1989

36 Education supervision orders. E+W

(1) On the application of any [F1 local authority], the court may make an order putting the child with respect to whom the application is made under the supervision of a designated [F1 local authority].

(2) In this Act “an education supervision order” means an order under subsection (1).

(3) A court may only make an education supervision order if it is satisfied that the child concerned is of compulsory school age and is not being properly educated.

(4) For the purposes of this section, a child is being properly educated only if he is receiving efficient full-time education suitable to his age, ability and aptitude and any special educational needs he may have.

(5) Where a child is—

(a) the subject of a school attendance order which is in force under [F2 section 437 of the Education Act 1996] and which has not been complied with; or

[F3 (b) is not attending regularly within the meaning of section 444 of that Act—

(i) a school at which he is a registered pupil,

(ii) any place at which education is provided for him in the circumstances mentioned in subsection (1) [F4 or (1A)] of section 444ZA of that Act, or

(iii) any place which he is required to attend in the circumstances mentioned in subsection [F5 (1B) or] (2) of that section,]

then, unless it is proved that he is being properly educated, it shall be assumed that he is not.

(6) An education supervision order may not be made with respect to a child who is in the care of a local authority.

(7) The [F6 local authority] designated in an education supervision order must be—

(a) the authority within whose area the child concerned is living or will live; or

(b) where—

(i) the child is a registered pupil at a school; and

(ii) the authority mentioned in paragraph (a) and the authority within whose area the school is situated agree,

the latter authority.

(8) Where a [F7 local authority] propose to make an application for an education supervision order they shall, before making the application, consult the F8 . . . appropriate local authority [F9 if different].

(9) The appropriate local authority is—

(a) in the case of a child who is being provided with accommodation by, or on behalf of, a local authority, that authority; and

(b) in any other case, the local authority within whose area the child concerned lives, or will live.

(10) Part III of Schedule 3 makes further provision with respect to education supervision orders.

[F10 (11) Where, for the purposes of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, a local authority in Wales is responsible for a child or a child is looked after by a local authority in Wales, the reference to special educational needs in subsection (4) is to be interpreted as a reference to additional learning needs (which has the same meaning as in that Act).]

Textual Amendments

F1 Words in s. 36(1) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(7)(a)

F2 Words in s. 36(5) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 85(a)(with s. 1(4))

F3 S. 36(5)(b) substituted (1.9.2005 for E. and 1.9.2006 for W.) by Education Act 2005 (c. 18), ss. 117, 119, Sch. 18 para. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F4 Words in s. 36(5)(b)(ii) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 43(a); S.I. 2012/2197, art. 2(b)

F5 Words in s. 36(5)(b)(iii) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 43(b); S.I. 2012/2197, art. 2(b)

F6 Words in s. 36(7) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(7)(b)

F7 Words in s. 36(8) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(7)(c)(i)

F8 Words in s. 36(8) repealed (1.10.1993) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 149, Sch. 21 Pt. II; S.I. 1993/1975, art. 9, Sch. 1, Appendix.

F9 Words in s. 36(8) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(7)(c)(ii)

F10 S. 36(11) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 2(3); S.I. 2021/373, art. 8(j)(iii)

Commencement Information

I1 S. 36 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)