Education Supervision Orders

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Education Supervision Orders

• Practitioner Training
• Presentation Part 1

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The Legislation

• The Children Act 1989 repealed sections of the
  Children and Young Person Act 1969 including
• Section 1 (2)(e)which allowed for a care order to
  be sought if the child was not receiving proper
  education.
• Amends the Education Act 1944 (Now 1996) so that
  courts may no longer direct that care proceedings
  be taken with regard to a child whose parents had
  been prosecuted under S39 of the 1944 Act ( Now
  S444 Education Act 1996)

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The Children Act 1989

• Section 36 of the Children Act empowers local
  authorities to apply to the courts for an
  education supervision order putting under their
  supervision a child of compulsory school age who
  is not being properly educated.
• When considering proceedings under S444 Education
  Act 1996 it will be open to the courts to direct
  the local education authority to apply for an
  education supervision order.

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The Welfare Checklist

• Section 1 (3)
• The Welfare Checklist
• When a court determines any question with
  respect to the upbringing of a child the child's
  welfare shall be the court's paramount
  consideration.In any proceedings in which any
  question with respect to the upbringing of a
  child arises, the court shall have regard to the
  general principle that any delay in determining
  the question is likely to prejudice the welfare
  of the child.
• The No Order Principle- more later

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The grounds for an ESO

• The child or young person is not being educated
  either through regular attendance at school or
• Subject to a school attendance order which has
  not been complied with.
• An ESO may not be sought where a child is in the
  care of the local authority

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What does the guidance say?

• An education supervision order could help where
  parents find it difficult to exercise a proper
  influence over their child, and where the child
  has developed a pattern of poor attendance. It
  would give the backing of the court to the
  supervising officer and could compliment the
  efforts of the supervising officer to resolve the
  childs problems by working with the parents to
  bring them to accept their statutory
  responsibilities.

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In practice?

• Inability to exercise appropriate level of
  authority due to parental needs- e.g. drug and
  alcohol abuse, physical or mental health issues
• Child is beyond control in respect of school
  attendance and parents have done all they can.
• Parents can exercise authority but need constant
  reminding and direction to sustain it.
• Parents are unable to sustain appropriate
  boundaries and the young person is engaging in
  risk taking behaviour

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Who is a parent?

• Although the Children Act defines who is
  considered to have parental responsibility, for
  the purposes of an ESO the definition of parent
  is broadened to include - in addition to those
  defined by the act any person who although not a
  parent has day to day care of a child or young
  person

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Who can make an application?

• An application can be made either by the local
  authority in which the child lives, or where
  different
• The authority in which the child is enrolled at
  school as long as both authorities agree

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Who can be the supervising officer?

• Existing Guidance- anyone as agreed by the
  Director of Education (this traditionally would
  be the education welfare service).
• Post ECM? - Potentially it could be anyone as
  agreed by the Director of Childrens Services.
• Duty in Children Act 1989 guidance for the local
  authority to ensure that there are staff with
  appropriate skills and experience to deliver this
  work

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Relationship with other orders

• An ESO can be in force alongside
• A supervision order to social services
• A criminal supervision order
• A parenting order- ESOs pre date this so
  hopefully this will be clarified in due course
• ASBOs- ?
• It is important to work closely to compliment
  each others very specific role.
• Any directions given under an ESO will be
  superseded if they clash with a CSO.

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The impact of an ESO

• Once a child or young person becomes subject to
  an ESO and while the order is in force parents
  will lose certain rights
• The right to have their child educated in
  accordance with their wishes
• The right of appeal against admissions decisions.
• AND
• The supervising officer may make certain
  directions to parent and child or young person
  for the duration of the ESO More later

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The duty to consider an ESO

• Education Act 1996- Section 447
• Before instituting proceedings for an offence of
  failing to comply with a school attendance order
  (SAO) or failing to ensure that their child
  attends school regularly under section 443 or 444
  respectively, a local education authority shall
  consider whether it would be more appropriate
  (instead of or as well as instituting
  proceedings) to apply for an education
  supervision order with respect to the child.

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The No Order Principle

• Where a court is considering whether or not to
  make one or more orders under this Act with
  respect to a child, it shall not make the order
  or any of the orders unless it considers that
  doing so would be better for the child than
  making no order at all

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Things to think about when applying the duty to
consider

• What are the child or young persons needs?
• How will the action meet those needs?
• What other measures are in place to safeguard the
  childs education/welfare?
• Realistically are the parents capable of
  influencing school attendance?
• What would be the likely outcome for the child
  following this or any other enforcement measure?

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Decision Making Task

• Read the case study (part 1)
• In your small group consider the information you
  have.
• Identify the childs needs and the parents needs
  (in so far as they are relevant)
• Decide what course of action you will take.
• Record the reasons why you have decided on this
  course of action.

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Education Supervision Orders

• Practitioner Training
• Presentation Part 2

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Consultation

• Consultation is not the same as consent
• Duty to consult social services
• Duty to inform the family of your intention
• Duty to ascertain the wishes and feelings of the
  child of young person

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Consulting Social Services

• Duty to consult with Social Services Committee
  (Usually by delegated authority )
• Outcome should be confirmed in writing and should
  indicate if social services department are
  involved with the family and if there are any
  known reasons why and ESO would not be
  appropriate.
• If the education authority is directed by the
  magistrates court to consider an application
  following parental prosecution they must also
  consult with social services to determine whether
  it is necessary to make an ESO in order to
  safeguard the childs welfare.
• Post ECM Adult or childrens services?

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Preparation

• Remember the No Order Principle- you cannot be
  expected to have tried everything.
• Reasonableness- no court action should be taken
  without some attempt to resolve the issue.
• Education Planning Meetings
• Making use of existing systems
• Fast Track
• Parenting contract
• Pastoral Support Plans
• The CAF
• The Lead Professional role

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Application (1) - The forms

• C1 - Standard application form
• C17 - ESO supplement
• Available electronically on HM Courts Service
  Website
• Local agreement on who is named as applicant
• The Fee- 150

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Application (2)- The Report

• Child or young persons record of attendance ( 12
  weeks)
• Relevant details of the Childs circumstance- age
  sex background particular needs, SEN- report from
  the school if appropriate
• The causes of the poor attendance (including
  medical assessment if relevant) and should
  include an indication of the attitudes of the
  child or young person, the parents, school and
  other agencies towards the poor attendance
• A short description of the work that has already
  been undertaken and its results, going the
  reasons whey an ESO is being requested including
  an assessment of any likely educational
  disadvantage to the child or young person should
  an order not be made- A chronology?
• The intended intervention- More later
• Particular factors (if these are present)
  relating to the child or young persons religious
  persuasion, racial origin or cultriual and
  linguistic background that may have a bearing on
  the application for the order or on the manner in
  which the order is to be conducted.

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The intended intervention - your plan

• Sets out how you propose to work with the child
  and family to improve attendance.
• Should have a relationship with the assessment of
  need.
• Should build in reviews
• There are no rules (well not many!)

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Case study exercise

• Read part 2 of your case study then draft a plan
  for Leon or Kayleigh
• Refer to your needs led assessment
• What will the schools role be?
• Do any other services need to be involved
• What will your role be?

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Education Supervision Orders

• Practitioner Training
• Presentation Part 3

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Serving Papers

• Serving the forms
• Very clear guidance from HM courts service
• Estranged parents with PR
• Making sure everyone understands
• Legal representation
• The Public Law Outline- Guide to case management.

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The Directions Hearing

• The purpose of the directions hearing is to
• Ensure that all documentation is in place
• Request any specific additional reports
• Ensure that all parties have been informed
• Set a date that is mutually agreeable for the
  full hearing

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Joining Proceedings

• Whenever there is more than one matter to be
  decided in the family court the matters will be
  joined that is heard together.

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The Hearing

• Less formal court
• Non Adversarial
• No public access
• Consistent bench
• All documents will have been pre read
• Supplementary information may be given under oath
• The child will be addressed directly in court
• Magistrates are CA trained

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The Decision

• The magistrates will, having read the papers and
  heard any supplementary evidence retire to
  consider.
• They will announce their decision and read out
  their written reasons which will be on record.
• The welfare checklist will be specifically
  addressed.
• A parent or child may appeal against the making
  of an ESO- appeals are heard in the High Court.

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Education Supervision Orders

• Practitioner Training
• Presentation Part 4

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Directions

• Paragraph 12 of schedule 3 empowers the
  supervising officer to give directions to the
  supervised child or the parent. The supervisor
  is duty bound to consider the wishes and feelings
  of the child and parents (paragraphs 12(2) and
  12(3) of schedule3) and to ensure that the
  directions are reasonable. Supervisors should
  keep in mind that it is a defence in the case of
  prosecution if parents can show that directions
  were unreasonable (paragraph 18(2)(b) of Schedule
  3)

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Using Directions

• Sparingly
• Not a substitute for good casework
• Reasonable and measurable
• Discussed with the parent and or child
• Given verbally
• Confirmed in writing

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Case Study Exercise

• Using Directions
• Read Part 3 of your case study and review your
  draft plan.
• Is there any need to make directions at the
  application stage?
• If so what might they be?

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Extending an ESO

• The forms - C17a
• Making the case to extend the order- based in
  what has been achieved to date and outline what
  you plan to do in the future.
• Extension may be made for up to 3 years or until
  the young person reaches statutory school age.

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Discharging an ESO

• Who can apply for discharge?
• Application by parent or child
• Application by local authority
• Grounds for discharge
• Child moves to another local authority while an
  ESO is in force.
• Reasons- no longer required to as sustained
  improvement in attendance is achieved
• No longer appropriate

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Breach by Parent

• Persistent failure to comply with directions is a
  criminal offence and is dealt with by prosecution
  in the Magistrates Court- liable for a level 3
  fine.
• Same process as any prosecution
• Evidence - to prove that the direction was issued
  in the appropriate manner and was persistently
  not complied with
• Defences
• that the direction was unreasonable
• That the parent took all reasonable steps to
  comply

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Breach by Child

• Confirm in writing to the child or young
  person-copy to parent
• Failure to comply- supervising officer has a duty
  to refer the matter to social services
• Social services have a duty to investigate the
  childs circumstances and put in place any
  support necessary or take appropriate action.

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Education Supervision Orders

• Practitioner Training
• Presentation Part 5

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Strengths and weaknesses

• Group discussion
• What are the strengths of the provision?
• What are its potential weaknesses?
• How could these be reduced?

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Supporting Structures

• You cannot deliver this in isolation- that was
  never the intention
• Local authority policy and procedures are vital
  and outside the remit of a single practitioner
• Managers should consider the training and
  development and casework supervision needed to
  support the work

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• These training materials were developed and
  piloted following an eighteen month action
  learning project funded by the Paul Hamlyn
  Foundation and managed by The National Childrens
  Bureau.