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The Children (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

Effect of orders

2.—(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 Order.

(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.

3.—(1) Where an education supervision order is in force with respect to a child, the duties of the child’s parents under Article 45 of, and Schedule 13 to, the 1986 Order (duty to secure education of children and to secure regular attendance of registered pupils) shall be superseded by their duty to comply with any directions in force under the education supervision order.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)served under paragraph 1(2) of Schedule 13 to the 1986 Order 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)Article 44 of the 1986 Order (pupils to be educated in accordance with wishes of their parents);

(ii)Part I of Schedule 13 to the 1986 Order (school attendance orders);

(iii)Articles 36 and 37 of the Education Reform (Northern Ireland) Order 1989(1) (parental preference and appeals against admission decisions);

(c)a probation order made with respect to the child, while the education supervision order is in force, may not include any requirement relating to the child’s attendance at school;

(d)any such requirement which was in force with respect to the child immediately before the making of the education supervision order shall cease to have effect.

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