Section 436I School attendance ordersF1

(1)

A local authority must serve an order under this section on a child’s parent if—

(a)

the authority has served a preliminary notice on the child’s parent under section 436H ,

(b)

the child’s parent fails to satisfy the local authority, within the period specified in the notice, that—

(i)

the child is receiving suitable education, in a case where condition A, C or D is cited in the notice,

(ii)

it is in the best interests of the child to receive education otherwise than by regular attendance at school, in a case where condition B is cited in the notice, and

(c)

in the opinion of the authority it is expedient that the child should attend school.

(2)

But a local authority must not serve an order under this section on a child’s parent if—

(a)

either—

(i)

condition B was the only condition cited in the preliminary notice served under section 436H in relation to the child, or

(ii)

condition B and another condition were cited in that preliminary notice, but the child’s parent has satisfied the local authority that the child is receiving suitable education,

(b)

the local authority is no longer conducting enquiries or taking action in respect of the child as mentioned in section 436H(5)(a), and

(c)

the local authority is not aware of any other enquiries being made under section 47 of the Children Act 1989 or of any other action being taken under section 47(8) of that Act, or which has been taken during the period of five years ending with the date that the order would be made, in respect of the child.

(3)

For the purpose of determining whether an order must 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,

(b)

must consider how the child is being educated and what the child is learning, so far as is relevant in the particular case, and

(c)

may request the child’s parent on whom the preliminary notice has been served under section 436H to allow the local authority to visit the child inside any of the homes in which the child lives.

(4)

If a request under subsection (3)(c) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in deciding whether the child’s parent has failed to satisfy the local authority as mentioned in subsection (1)(b)(i) or (ii).

(5)

An order under this section (a “school attendance order”) is an order requiring the person on whom it is served to cause the child to become a registered pupil at a school named in the order.

(6)

A school attendance order under this section—

(a)

must be served without delay, and in any event before the end of the period of five days beginning with the day on which the authority determines which school is to be named in the order, and

(b)

must be in the prescribed form.

(7)

A school attendance order under this section continues in force (subject to any amendment made by the local authority) 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 436Q(6) or 447(5).

(8)

Where a maintained school is named in a school attendance order under this section—

(a)

the local authority must without delay, and in any event before the end of the period of five days referred to in subsection (6)(a) inform the governing body and the head teacher, and

(b)

the governing body and the local authority must admit the child to the school.

(9)

Where an Academy school or alternative provision Academy is named in a school attendance order under this section—

(a)

the local authority must without delay, and in any event before the end of the period of five days referred to in subsection (6)(a) inform the proprietor and the principal, and

(b)

the proprietor must admit the child to the school.

(10)

Subsections (8) and (9) do not affect any power to exclude from a school a pupil who is already a registered pupil there.

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)