Tallybook

Guide · For parents

School attendance orders explained

A school attendance order requires a parent to register their child at a named school. A council can only make one after giving you a chance to show your child is being suitably educated. The 2026 Act rewrites the process, but the new version is not in force yet.

Last checked 10 November 2026. This is general information, not legal advice. If you receive a notice, get advice quickly, because the time limits are short.

The process today

  1. The council makes informal enquiries.
  2. If it is not satisfied, it serves a notice. You get at least 15 days to show the education is suitable.
  3. If you do not satisfy it, and it thinks school is right for your child, it must serve an order naming a school.

The process under the 2026 Act

Step 1: preliminary notice. The council must serve one if your child appears not to be receiving a suitable education. It must also serve one in certain child protection cases. It may serve one if you have not given register information, or gave incorrect information.

The notice must say which reason applies. You get at least 15 days to respond.

Step 2: what the council looks at. It must consider where your child lives and is educated. It may ask to visit your home. If you refuse, it must treat that as a relevant factor.

Step 3: the order. If you have not satisfied the council and it thinks school attendance is expedient, it must serve an order.

Step 4: the school. For most children, the council first sends a nomination notice naming a school. You have 15 days to choose a listed alternative or secure a place elsewhere. If your child has an education, health and care plan, the school in the plan is named.

How long an order lasts

Until your child is past compulsory school age, unless it is revoked.

Getting an order revoked

You can ask at any time, on the ground that you are providing a suitable education. The council must agree unless it thinks you are not. If it refuses, you can refer the question to the Secretary of State.

If you don't comply

Not complying is a criminal offence. Under the new Act the maximum is a level 4 fine, which is £2,500, or imprisonment, or both. A parent can be convicted again if the failure continues.

It is a defence to prove your child is receiving a suitable education otherwise than at school.

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