School Attendance Orders

An LA has the authority to issue a School Attendance Order if it is not satisfied that the parents are supplying a suitable education to their children when they have exercised their right to educate 'otherwise' than at school. Many parents are unduly worried when an LA talks about a School Attendance Order as they are not familiar with the facts.

Is the School Attendance Order I have received legal?
Why have they issued me with a School Attendance Order?
Why would they believe I am not providing a suitable education?
What happens if I ignore it as I am providing an education?
What should I do about the SAO?
What sort of evidence should I provide?
Why will the LA not revoke the SAO?

Is the School Attendance Order I have received legal?

If the LA are not satisfied with the education you are providing, they must give you a reasonable opportunity to produce information which does satisfy them. What this information is will be decided by you and must be enough that it would satisfy a 'reasonable' person.

After you have been given time to satisfy the LA of educational provision, the LA must give 15 day's notice that the SAO will be issued.

They must tell you which school(s) they intend to name in the SAO.

If issued under Sections 437-443 of the Education Act 1996 and if it follows the format of the letter below, it is a legal School Attendance Order. (Format taken from DfES website)

As you [name of parent] of [address of parent], being the parent of a child of compulsory school age in the area of the Authority, have failed to satisfy the Authority in accordance with the requirements of the notice served on you under section 437(1) of the Education Act 1996 by the Authority on [date of notice] that [name of child] is receiving suitable education, either by regular attendance at school or otherwise:

And as, in the opinion of the Authority, [name of child] should attend school:

You are required to cause [name of child] to become a registered pupil at the following school:

[Insert full name and address of the school and omit the whole or part of the following words as the case requires]

being the school [specified by the Authority] [selected by you] [determined by a direction of the Secretary of State for Education and Employment] [as the school to be named in this Order] [specified in the statement for the child under section 324 of the Education Act 1996].

Failure to comply with the requirements of this Order is an offence unless you can prove that [name of child] is receiving suitable education otherwise than at school.

Signed [name of officer] of [name of Authority] Education Authority.

[Dated]

Why have they issued me with a School Attendance Order?

An LA must serve an SAO on the parent of a child of compulsory school age who fails to prove the child is receiving suitable education, and where the authority believes the child should attend school. Therefore the LA believe that you are not providing a suitable education for your child(ren).

Why would they believe I am not providing a suitable education?

This could be because:

  • You have not provided any evidence, or

  • The evidence you have provided is insufficient to allow the LEA to believe you are providing a suitable education.

Lord Donaldson discussed this issue in the Judicial Review of the case of Phillips vs Brown (1980) which is mentioned 3 times in the DCSF Home Education Guidelines and which may also be cited by your local authority. You can find more information here.

What happens if I ignore it as I am providing an education?

You should not ignore it. If you ignore an SAO, a magistrates court may impose a fine on you of up to £1,000.

What should I do about the SAO?

You require the services of a lawyer who is knowledgeable about home education. Do check that any lawyer you speak to is not also employed by the LEA as this could then mean that there would be a conflict of interest for him/her.

Make sure that you collect together your evidence to show the lawyer and keep it organised so that it is useful should the case get to court.

What sort of evidence should I provide?

The evidence you provide is totally at your discretion provided that it would "satisfy a reasonable person on the balance of probabilities" that a suitable education is being provided. Types of evidence could be:

  • Examples of Work

  • Photographs

  • A diary you keep

  • Third party testimonies

  • An educational philosophy/statement of education

  • Meet with the LEA at a neutral location

  • Allow a visit to your home

  • Any combination of the above.

The magistrate will be looking at the standard of education your child is receiving now, so current evidence would be needed.

Why will the LA not revoke the SAO?

An SAO remains in force as long as the child is of compulsory school age unless:

  • it is revoked by the LA (this could be because the LEA is satisfied, or it could be at the order of the court)

  • an Education Supervision Order is put in place (it is possible that the SAO and the ESO could both exist at the same time)

Section 443 of the 1996 Act is the applicable section here.



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