Section 436Q Offence of failure to comply with school attendance orderF1

Not yet in force

(1)

If a person on whom a school attendance order under section 436I is served fails to comply with the requirements of the order, the person is guilty of an offence.

(2)

Subsection (1) does not apply if—

(a)

the person proves that arrangements have been made for the child to receive suitable education otherwise than at a school, where the order was served as a result of the person failing to satisfy the local authority that the child is receiving suitable education,

(b)

the person proves that arrangements have been made 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,

(c)

section 436H(5)(a) is no longer met in respect of the child, where the order was served following a preliminary notice under section 436H which cited only condition B, or

(d)

both—

(i)

the person proves that arrangements have been made for the child to receive suitable education otherwise than at a school, and

(ii)

section 436H(5)(a) is no longer met in respect of the child,

where the order was served following a preliminary notice under section 436H which cited condition B and another condition.

(3)

The reference in subsection (1) to failure to comply with the requirements of a school attendance order includes causing a child to cease to be registered at the school named in the school attendance order.

(4)

Subsection (3) does not apply in circumstances where—

(a)

the school has, pursuant to section 436J, 436K or 436O, ceased to be the school named in the school attendance order, or

(b)

the school attendance order has been revoked pursuant to section 436P.

(5)

A person who—

(a)

fails to comply with the requirements of a school attendance order under section 436I by not causing a child to become a registered pupil at the school named in the order, and

(b)

is convicted of an offence under this section in respect of the failure,

may be found guilty of an offence under this section again if the failure continues.

(6)

If, in proceedings for an offence under this section, the person is acquitted, the court may direct that the school attendance order ceases to be in force.

(7)

A direction under subsection (6) does not affect the duty of the local authority to take further action under section 436I if at any time the authority is of the opinion that, having regard to any change of circumstances, it is expedient to do so.

(8)

A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine not exceeding level 4 on the standard scale (or both).

(9)

In subsection (8), “the maximum term for summary offences” means—

(a)

if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;

(b)

if the offence is committed after that time, 51 weeks.

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)