Section 436H Preliminary notice for school attendance orderF1

Not yet in force

(1)

A local authority must serve a preliminary notice on a child’s parent in relation to a child for whom the authority is responsible if it appears to the authority that—

(a)

the child is of compulsory school age, and

(b)

either condition A or condition B is met.

(2)

A local authority may serve a preliminary notice on a child’s parent if it appears to the authority that either condition C or condition D is met.

(3)

A “preliminary notice” means a notice requiring the child’s parent on whom the notice is served to satisfy the local authority that—

(a)

the child is receiving suitable education, where condition A, C or D is relied on to serve the notice;

(b)

the child is receiving education that is in their best interests, where condition B is relied on to serve the notice.

(4)

Condition A is that the child is not receiving suitable education, either by regular attendance at school or otherwise.

(5)

Condition B is that—

(a)

the local authority or another local authority is—

(i)

conducting enquiries in respect of the child under section 47 of the Children Act 1989 (duty to investigate), or

(ii)

taking action under section 47(8) of that Act to safeguard or promote the child’s welfare, in a case where the enquiries mentioned in sub-paragraph (i) have led the local authority to conclude that the child is suffering, or is likely to suffer, significant harm (within the meaning of section 31(9) and (10) of that Act), or has taken such action during the period of five years ending with the date on which a preliminary notice is to be served under subsection (1),

(b)

the child is not regularly attending school, and

(c)

it would be in the child’s best interests to receive education by regular attendance at school.

(6)

Condition C is that—

(a)

the child is eligible to be registered by the local authority under section 436B,

(b)

the authority has asked the child’s parent for information under section 436D(1), and

(c)

the child’s parent has not provided that information before the end of the relevant period (as defined in section 436D(5)(a)), or has provided incorrect information.

(7)

Condition D is that the child’s parent is under a duty to provide information to the local authority under section 436D(2)(a), (b) or (c) in relation to the child and—

(a)

has not provided the information before the end of the relevant period (as defined in section 436D(5)), or

(b)

has provided incorrect information.

(8)

For the purpose of determining whether a preliminary notice must or may be served under this section in respect of a child, the local authority—

(a)

must consider the settings where the child is being educated that the local authority knows about and where the child lives, and

(b)

may request the child’s parent on whom the preliminary notice would be served to allow the local authority to visit the child inside any of the homes in which the child lives.

(9)

If a request under subsection (8)(b) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in determining whether to serve a preliminary notice.

(10)

A preliminary notice must—

(a)

state which of conditions A to D are relied on to serve the notice,

(b)

be served without delay, and in any event before the end of the period of five days beginning with the day on which it appears to the local authority that the requirements of subsection (1) or (2) are met, and

(c)

specify the period within which the person must respond to the notice, which must be not less than 15 days beginning with the day on which the notice is served.

Annotations

Textual amendments

F1: Ss. 436H-436S and cross-heading inserted (29.4.2026 but only in relation to the power to make regulations conferred by ss. 436I, 436S, otherwise prosp.) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 39(2), 78(1)(a)(3)(5)