Legal Interventions

School attendance orders (SAO): Section 437, Education Act 1996 (opens new window)

"If it appears to a local education authority that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education."

Section 437(2) of the Act provides that the period shall not be less than 15 days beginning with the day on which the notice is served. Local Authorities have the power to prosecute parents who fail to comply with a school attendance order under section 443 of the Education Act 1996.

The current Norfolk process to enforce enrolment at school is:

1. Attendance and Entitlement Officer (AEO) offers remote meeting/home visit to support admission to school
2. Following home visit AEO will write to parent giving them 7 days to enrol child into a school or provide evidence to Services to Home Education that the child is receiving a suitable education. Checks are made with Admissions and Services to Home Education.
3. If the above is not followed a School Attendance Order Notice 1 is sent warning of legal action if pupil is not registered at school within 15 working days
4. AEO will liaise with the Admissions Service who will identify a local school to be named.
5. AEO will hold a formal consultation with the Head Teacher and Chair of Governors of the identified School. If the school does not agree to be the named school for the child, the AEO will inform the Head Teacher and Chair of Governors that they have 15 days to lodge an appeal with the secretary of state.
6. School Attendance Order Notice 2 is sent warning of legal action if pupil is not registered at a named school within 15 working days
7. School Attendance Order is issued to parent - parent has a further 15 working days to enrol their child at the named school. Failure to do so will result in them being in breach of the order.
8. Parent is prosecuted in Magistrates court for breach of school Attendance Order. The maximum sentencing is £1000 fine and /or conditional discharge.

The School Attendance Order procedure can be found here (PDF) [173KB].