- Latest available (Revised)
- Point in Time (10/03/2014)
- Original (As enacted)
Version Superseded: 01/12/2020
Point in time view as at 10/03/2014.
Children Act 1989, Part III is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
12(1)Where an education supervision order is in force with respect to a child, it shall be the duty of the supervisor—E+W
(a)to advise, assist and befriend, and give directions to—
(i)the supervised child; and
(ii)his parents,
in such a way as will, in the opinion of the supervisor, secure that he is properly educated;
(b)where any such directions given to—
(i)the supervised child; or
(ii)a parent of his,
have not been complied with, to consider what further steps to take in the exercise of the supervisor’s powers under this Act.
(2)Before giving any directions under sub-paragraph (1) the supervisor shall, so far as is reasonably practicable, ascertain the wishes and feelings of—
(a)the child; and
(b)his parents,
including, in particular, their wishes as to the place at which the child should be educated.
(3)When settling the terms of any such directions, the supervisor shall give due consideration—
(a)having regard to the child’s age and understanding, to such wishes and feelings of his as the supervisor has been able to ascertain; and
(b)to such wishes and feelings of the child’s parents as he has been able to ascertain.
(4)Directions may be given under this paragraph at any time while the education supervision order is in force.
Commencement Information
I1Sch. 3 Pt. III para. 12 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
13(1)Where an education supervision order is in force with respect to a child, the duties of the child’s parents under [F1sections 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Act 1996 (duties to secure education of children and] to secure regular attendance of registered pupils) shall be superseded by their duty to comply with any directions in force under the education supervision order.E+W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 [F2section 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)[F3section 437] of that Act (school attendance orders);
(ii)[F4section 9 of that Act] (pupils to be educated in accordance with wishes of their parents);
(iii)[F5sections 411 and 423 of that Act] (parental preference and appeals against admission decisions);
[F6(c)a youth rehabilitation order made under Part 1 of the Criminal Justice and Immigration Act 2008 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
F1Words 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)
F2Words 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)
F3Words 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)
F4Words 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)
F5Words 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)
F6Sch. 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)
Commencement Information
I2Sch. 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)
14(1)This paragraph applies where an education supervision order and a supervision order, or [F7youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)], are in force at the same time with respect to the same child.E+W
(2)Any failure to comply with a direction given by the supervisor under the education supervision order shall be disregarded if it would not have been reasonably practicable to comply with it without failing to comply with a direction [F8or instruction] given under the other order.
Textual Amendments
F7Words in Sch. 3 para. 14(1) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 37(3)(a) (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)
F8Words in Sch. 3 para. 14(2) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 37(3)(b) (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)
Commencement Information
I3Sch. 3 Pt. III para. 14 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
15(1)An education supervision order shall have effect for a period of one year, beginning with the date on which it is made.E+W
(2)An education supervision order shall not expire if, before it would otherwise have expired, the court has (on the application of the authority in whose favour the order was made) extended the period during which it is in force.
(3)Such an application may not be made earlier than three months before the date on which the order would otherwise expire.
(4)The period during which an education supervision order is in force may be extended under sub-paragraph (2) on more than one occasion.
(5)No one extension may be for a period of more than three years.
(6)An education supervision order shall cease to have effect on—
(a)the child’s ceasing to be of compulsory school age; or
(b)the making of a care order with respect to the child;
and sub-paragraphs (1) to (4) are subject to this sub-paragraph.
Commencement Information
I4Sch. 3 Pt. III para. 15 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
16(1)An education supervision order may require the child—E+W
(a)to keep the supervisor informed of any change in his address; and
(b)to allow the supervisor to visit him at the place where he is living.
(2)A person who is the parent of a child with respect to whom an education supervision order has been made shall—
(a)if asked by the supervisor, inform him of the child’s address (if it is known to him); and
(b)if he is living with the child, allow the supervisor reasonable contact with the child.
Commencement Information
I5Sch. 3 Pt. III para. 16 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
17(1)The court may discharge any education supervision order on the application of—E+W
(a)the child concerned;
(b)a parent of his; or
(c)[F9the local authority designated in the order].
(2)On discharging an education supervision order, the court may direct the local authority within whose area the child lives, or will live, to investigate the circumstances of the child.
Textual Amendments
F9Words in Sch. 3 para. 17(1)(c) 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(14)(a)
Commencement Information
I6Sch. 3 Pt. III para. 17 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
18(1)If a parent of a child with respect to whom an education supervision order is in force persistently fails to comply with a direction given under the order he shall be guilty of an offence.E+W
(2)It shall be a defence for any person charged with such an offence to prove that—
(a)he took all reasonable steps to ensure that the direction was complied with;
(b)the direction was unreasonable; or
(c)he had complied with—
(i)a requirement included in a supervision order made with respect to the child; or
(ii)directions given under such a requirement,
and that it was not reasonably practicable to comply both with the direction and with the requirement or directions mentioned in this paragraph.
(3)A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Commencement Information
I7Sch. 3 Pt. III para. 18 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
19(1)Where a child with respect to whom an education supervision order is in force persistently fails to comply with any direction given under the order, [F10the local authority designated in the order shall notify the appropriate local authority, if different].E+W
(2)Where a local authority have been notified under sub-paragraph (1) they shall investigate the circumstances of the child.
(3)In this paragraph “the appropriate local authority” has the same meaning as in section 36.
Textual Amendments
F10Words in Sch. 3 para. 19(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(14)(b)
Commencement Information
I8Sch. 3 Pt. III para. 19 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I 1991/828, art. 3(2)
20E+WThe Secretary of State may by regulations make provision modifying, or displacing, the provisions of any enactment about education in relation to any child with respect to whom an education supervision order is in force to such extent as appears to the Secretary of State to be necessary or expedient in consequence of the provision made by this Act with respect to such orders.
Commencement Information
I9Sch. 3 Pt. III para. 20 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
21E+WIn this Part of this Schedule “parent” has the same meaning as in [F11the Education Act 1996.]).
Textual Amendments
F11Words in Sch. 3 Pt. III para. 21 substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, Pt. I para. 93(3)(with s. 1(4))
Commencement Information
I10Sch. 3 Pt. III para. 21 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: