Education Act 1944 (repealed 1.11.1996)

37 School attendance orders. E+W

(1)If it appears to a local education authority that the parent of any child of compulsory school age in their area is failing to perform the duty imposed on him by the last foregoing section, it shall be the duty of the authority to serve upon the parent a notice requiring him, within such time as may be specified in the notice not being less than fourteen days from the service thereof, to satisfy the authority that the child is receiving efficient full-time education suitable to his age, ability, and aptitude [F1and to any special educational needs he may have] either by regular attendance at school or otherwise.

(2)If, after such a notice has been served upon a parent by a local education authority, the parent fails to satisfy the authority in accordance with the requirements of the notice that the child to whom the notice relates is receiving efficient full-time education suitable to his age, ability, and aptitude [F1and to any special educational needs he may have], then, if in the opinion of the authority it is expedient that he should attend school, the authority shall serve upon the parent an order in the prescribed form (hereinafter referred to as a “school attendance order”) requiring him to cause the child to become a registered pupil at a school named in the order . . . F2.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4)If at any time while a school attendance order is in force with respect to any child the parent of the child makes application to the local education authority by whom the order was made . . . F2 requesting that the order be revoked on the ground that arrangements have been made for the child to receive efficient full-time education suitable to his age, ability, and aptitude [F1and to any special educational needs he may have] otherwise than at school, the authority shall . . . F4 revoke the order in compliance with the request unless they are of opinion . . . F4 that no satisfactory arrangements have been made for the education of the child otherwise than at school . . . F4; and if a parent is aggrieved by a refusal of the authority to comply with any such request, he may refer the question to the [F5Secretary of State for Education and Science], who shall give such direction thereon as he thinks fit.

(5)If any person upon whom a school attendance order is served fails to comply with the requirements of the order, he shall be guilty of an offence against this section unless he proves that he is causing the child to receive efficient full-time education suitable to his age, ability, and aptitude [F1and to any special educational needs he may have] otherwise than at school.

(6)If in proceedings against any person for a failure to comply with a school attendance order that person is acquitted, the court may direct that the school attendance order shall cease to be in force, but without prejudice to the duty of the local education authority to take further action under this section if at any time the authority are of opinion that having regard to any change of circumstances it is expedient so to do.

(7)Save as provided by the last foregoing subsection, a school attendance order made with respect to any child shall, subject to any amendment thereof which may be made by the local education authority, continue in force so long as he is of compulsory school age unless revoked by that authority.

Textual Amendments

F2Words repealed by Education Act 1981 (c. 60, SIF 41:1), s. 21, Sch. 4 (subject to a saving in S.I. 1983/7, Sch. para. 4)

F5Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

Modifications etc. (not altering text)