Section 436P Revocation of school attendance orderF1

Not yet in force

(1)

This section applies where a school attendance order made by a local authority under section 436I is in force in respect of a child.

(2)

The local authority must revoke the order if—

(a)

the order was served following a preliminary notice under section 436H in which the only condition cited was condition B,

(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 was made, in respect of the child.

(3)

The person on whom the order is served may at any time request the local authority to revoke the order on the ground that arrangements have been made—

(a)

for the child to receive suitable education otherwise than at a school, where the order was served—

(i)

as a result of the person failing to satisfy the local authority that the child is receiving suitable education, or

(ii)

as a result of the person failing to satisfy the local authority both that the child is receiving suitable education and that it is in the best interests of the child to receive education otherwise than by regular attendance at school, where subsection (2)(b) and (c) applies;

(b)

for the child to receive education, otherwise than at a school, that is in their best interests, where the order was served as a result of the person failing to satisfy the local authority that it is in the best interests of the child to receive education otherwise than by regular attendance at school.

(4)

The authority must comply with a request under subsection (3), unless the authority is of the opinion that the arrangements mentioned in subsection (3)(a) or (b), or both, as the case may be, have not been made for the child.

(5)

If a person is aggrieved by a refusal of a local authority in England to comply with a request under subsection (3)—

(a)

the person may refer the question to the Secretary of State, and

(b)

the Secretary of State must give such direction determining the question as the Secretary of State considers appropriate.

(6)

If a person is aggrieved by a refusal of a local authority in Wales to comply with a request under subsection (3)—

(a)

the person may refer the question to the Welsh Ministers, and

(b)

the Welsh Ministers must give such direction determining the question as the Welsh Ministers consider appropriate.

(7)

Where the child is one for whom the local authority maintains an EHC plan—

(a)

if the name of a school or other institution is specified in the EHC plan, subsection (3) does not apply;

(b)

if the name of a school or other institution is not specified in the EHC plan, a direction under subsection (5)(b) may require the authority to make such amendments in the plan as the Secretary of State considers necessary or expedient in consequence of the determination.

(8)

Where the child is one for whom the local authority maintains an individual development plan—

(a)

if the name of a school or other institution is specified in the plan, subsection (3) does not apply;

(b)

if the name of a school or other institution is not specified in the plan, a direction under subsection (6)(b) may require the authority to make such amendments in the plan as the Welsh Ministers consider necessary or expedient in consequence of the determination.

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)