SCHEDULES
SCHEDULE 3 Supervision Orders
Part III Education supervision orders
Effect of orders
I112
1
Where an education supervision order is in force with respect to a child, it shall be the duty of the supervisor—
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.
I213
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Act 1996 (duties to secure education of children and to secure regular attendance of registered pupils) shall be superseded by their duty to comply with any directions in force under the education supervision order.
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);
F6c
a youth rehabilitation order made under F7Chapter 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.