The Education Act 2004 states that all children are required to receive education, either at school or otherwise.

Where parents have registered their child at school the law expects them to fulfil their responsibility in ensuring that the child attends regularly. If the LA believes the child is not being educated properly the Education Welfare Service (EWS) will undertake a range of strategies to address this, including legal proceedings.

These are:

• Parental prosecution, which will involve parent(s)/carers appearing before the Magistrates Court
• Education Supervision Order (ESO) proceeding in the Family Court

An ESO is a strategy which the EWS uses to work in partnership with families and schools, and sometimes other agencies to bring about a return to regular schooling.  It will be considered at an EWS Planning Meeting held to discuss the situation.  The application is heard by the Family Proceedings Court where Magistrates have the power to grant the order.

An ESO gives power to the supervisor to advise, assist, befriend and to give direction. In practice this means that the child will be expected to attend school regularly.

However, it also means that the family must:

• meet their supervisor regularly, perhaps where they are living or at school
• discuss any problems which may prevent regular school attendance
• notify the supervisor of any change of address

An ESO will initially last for 12 months although it can be extended by an application to the Family Proceedings Court.

Where an ESO is in place, parents still retain parental responsibility and must continue to do all they can to ensure their child does attend school.

A lack of parental co-operation means cases being referred back to the Magistrates Court where a substantial fine could be imposed.  Where the child is not comlying with the requirements of the order the LA may request assistance from Social Care Direct.