Education Supervision Order

What is an Education Supervision Order?

• An Education Supervision Order (ESO) is an order granted by a family court, on the application of the Local Authority under section 36 of the Children Act 1989.         

What would an ESO achieve?

• The object of an ESO is to ensure that the child receives an efficient full-time education, suitable to his or her age, ability, aptitude and any Special Educational Needs, and that the child benefits fully from the education received. 
• The aim is to establish and strengthen parental responsibility, and to enable you as a parent to meet your responsibility, in law towards your child.         

What are my responsibilities?

• As a parent you are responsible in law to ensure that your child receives a suitable education. This means making sure that your child attends school regularly, punctually, properly dressed and in a fit state to learn.         

What happens if my child isn't attending school regularly?

• If your child isn't attending school regularly an Education Welfare Officer (EWO) may visit you at home or may ask you to attend a meeting at school or the local Children's Services office.   
• It is in your best interests to cooperate with the EWO in order to ensure that your child overcomes his or her attendance problems.         

What if my child's attendance doesn't Improve?

• Should your child's school attendance not improve, the Local Authority may make an application to the family Proceedings Court for an ESO. This would involve presenting a plan to the court. The plan would be devised by the child, parent/family, school, the supervising officer and any other relevant agencies. 
• The plan would describe in detail how your child's attendance will be improved, who will be responsible for the various tasks, and what will occur if these tasks are not completed.         

What would the court do?

• The court would appoint a supervisor. The supervisor would be a representative of the LA (this would probably be an EWO).   
• The supervisor would be empowered by the court to give reasonable directions on its behalf to you and your child.         

Would an ESO affect my rights as a parent?

• An ESO would affect some of your rights. For example, it would remove your rights to appeal against admissions decisions. It would also remove certain rights parents have with regard to their child being educated in accordance with their wishes.         

What if the ESO doesn't work?

• If your child's attendance does not improve in accordance with the plan, or reasonable directions issued by the supervisor are not adhered to, then the ESO can be considered breached. In these circumstances the Local Authority may take the matter back to court where the court can direct them to:
  * bring the parent before a magistrates court,
  OR
  * investigate the child and family to assess the level of care and control present.