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Education Act 1996

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Education Act 1996, Section 437 is up to date with all changes known to be in force on or before 31 May 2020. 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. Help about Changes to Legislation

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437 School attendance orders.E+W

(1)If it appears to a [F1local 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.

(2)That period shall not be less than 15 days beginning with the day on which the notice is served.

(3)If—

(a)a parent on whom a notice has been served under subsection (1) fails to satisfy the [F1local authority], within the period specified in the notice, that the child is receiving suitable education, and

(b)in the opinion of the authority it is expedient that the child should attend school,

the authority shall serve on the parent an order (referred to in this Act as a “school attendance order”), in such form as may be prescribed, requiring him to cause the child to become a registered pupil at a school named in the order.

(4)A school attendance order shall (subject to any amendment made by the [F1local authority]) continue in force for so long as the child is of compulsory school age, unless—

(a)it is revoked by the authority, or

(b)a direction is made in respect of it under section 443(2) or 447(5).

(5)Where a maintained F2. . . school is named in a school attendance order, the [F1local authority] shall inform the governing body and the head teacher.

(6)Where a maintained F2. . . school is named in a school attendance order, the governing body (and, in the case of a maintained school, the [F1local authority]) shall admit the child to the school.

(7)Subsection (6) does not affect any power to exclude from a school a pupil who is already a registered pupil there.

(8)In this Chapter—

  • [F3maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital; and]

  • F4...

Textual Amendments

F2Words in s. 437(5)(6) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 113(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C2S. 437: power to disapply conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 7 (with ss. 88-90)

C3S. 437: power to disapply conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 5 (with ss. 88-90)

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