Legal Interventions

Education supervision orders (ESO): Section 447, Education Act 1996

Education Supervision Orders (ESO) were introduced in the Children Act 1989 (section 36) and, as with other Children Act Orders, are made following application to the Family Proceedings Court. An Education Supervision Order can only apply when a child is of statutory school age and will put a child under the supervision of the LA, with a similar meaning and status to other Supervision Orders within the Act.

An Education Supervision Order (ESO) is an alternative legal intervention without the need for criminal prosecution. Therefore, an ESO can be considered when the school's work through a support first approach has been exhausted and any voluntary early help plans, or formal attendance contracts have not been successful. Prior to instigating legal proceedings, the Attendance Team must consider whether an ESO is appropriate. This will be considered in all cases, irrespective of the level of engagement by the parents.

The intention is to ensure that a child who is subject to an ESO receives their entitlement to an efficient, full-time, suitable education. An ESO gives the Local Authority a formal role in advising, helping and directing the child and the parents to ensure this entitlement is met. When an ESO is in place, the duties of the parent to secure the child's education and regular attendance are superseded by a duty to comply with any directions given under the ESO by the local authority.

ESOs are made through the Family or High Court, rather than Magistrates Court. An order initially lasts for one year, but these can be extended within the last three months for a period of up to three years at a time. As with all other attendance legal interventions, ESOs can only be used for pupils of compulsory school age.

Safeguarding

Where safeguarding concerns exist, the lead practitioner should also discuss with the school's designated safeguarding lead and children's social care services and agree an ESO would be a more suitable option than a s.17 (Children in Need) or s.47 (Child Protection) plan.