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Section 447 Education supervision orders.

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Before instituting proceedings for an offence under section 443 or 444, a F1local authority shall consider whether it would be appropriate (instead of or as well as instituting the proceedings) to apply for an education supervision order with respect to the child.

C1(2)

The court—

(a)

by which a person is convicted of an offence under section 443, or

(b)

before which a person is charged with an offence under section 444,

may direct the local authority instituting the proceedings to apply for an education supervision order with respect to the child unless the authority F2... decide that the child’s welfare will be satisfactorily safeguarded even though no education supervision order is made.

F3(2A)

A local authority may not make a decision as mentioned in subsection (2) unless—

(a)

they are the appropriate local authority, or

(b)

they have consulted that authority.

(3)

Where, following F4a direction under subsection (2), a local authority decide not to apply for an education supervision order, they shall inform the court of the reasons for their decision.

(4)

Unless the court has directed otherwise, the information required under subsection (3) shall be given to the court before the end of the period of eight weeks beginning with the date on which the direction was given.

(5)

Where—

(a)

a local authority apply for an education supervision order with respect to a child who is the subject of a school attendance order, and

(b)

the court decides that section 36(3) of the M1Children Act 1989 (education supervision orders) prevents it from making the order,

the court may direct that the school attendance order shall cease to be in force.

(6)

In this section—

  • “the appropriate local authority” has the same meaning as in section 36(9) of the M2Children Act 1989, and

  • “education supervision order” means an education supervision order under that Act.

Annotations

Textual amendments

F1

Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F2

Words in s. 447(2) repealed (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(8)(a), Sch. 3 Pt. 1

F3

S. 447(2A) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(8)(b)

F4

Words in s. 447(3) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(8)(c)

Marginal citations

M1

1989 c. 41.

M2

1989 c. 41.

Modifications

C1

S. 447(2)(3) modified (18.6.2011) by The Magistrates Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 (S.I. 2011/1329), rules 1, 79(1) (with rule 3)