Section 38Part 4 — CARE AND SUPERVISION
Education supervision orders
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On the application of the Education Department, the court may make an order putting the child with respect to whom the application is made under the supervision of the Education Department.
In this Law "an education supervision order" means an order under subsection (1).
A court may only make an education supervision order if it is satisfied that the child concerned is of compulsory school age and is not being properly educated.
For the purposes of this section, a child is being properly educated only if he is receiving efficient full-time education suitable to his age, ability and aptitude and any special educational needs he may have.
Where a child has failed to attend more than five days of a school term for a reason other than a reason referred to in section 14 (1) (b) of the Education Law (2010 Revision), then unless it is proved that he is being properly educated, it shall be assumed that he is not.
An education supervision order may not be made with respect to a child who is in the care of the Department.
Where the Education Department proposes to make an application for an education supervision order it shall, before making the application, consult the Department.
Part III of Schedule 3 makes further provision with respect to education supervision orders.
Defined Terms
education supervision order
Cross References
- Section 14 of Education Law
Education Law (2010 Revision), section 14(1)(b)