Education Supervision Orders

1. 1 Education Supervision Orders Practitioner Training Presentation Part 1

2. 2 The Legislation The Children Act 1989 repealed sections of the Children and Young Person Act 1969 including Section 1 (2)(e)which allowed for a care order to be sought if the child was not receiving proper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)

3. 3 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. Prior to the Children Act 1989 the law recognised that some children and young people were beyond their parents control. Provisions under the Children and Young Persons Act 1969 gave the LEA powers to apply for a care order- 2 grounds had to be met first that the child was not attending regularly and second that they were beyond parental control. If an order was made the responsibility for that went to social services, thus removing responsibility from the initiating agency. It as also arguable that this was not an appropriate response to truancy. WE now know of course that young peoples experience of the care system does little to enhance their educational opportunities. Prior to the Children Act 1989 the law recognised that some children and young people were beyond their parents control. Provisions under the Children and Young Persons Act 1969 gave the LEA powers to apply for a care order- 2 grounds had to be met first that the child was not attending regularly and second that they were beyond parental control. If an order was made the responsibility for that went to social services, thus removing responsibility from the initiating agency. It as also arguable that this was not an appropriate response to truancy. WE now know of course that young peoples experience of the care system does little to enhance their educational opportunities.

4. 4 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 Handout When the family courts make a decision the welfare checklist is the framework around their deliberations. The Children Act has provisions for a range of Orders so there are certain aspects of the welfare checklist that are more pertinent to your applications so lets have a closer look- Refer to your handout. Ascertainable wishes- this doesn�t mean that the child young person can decide if they want an ESO or not but it does require you to properly find out what the young person wants and to put this in the context of their age and understanding- we will talk more about this later when we look at the application and the report to the court. Physical educational and emotional needs- your focus will be educational needs but they cannot be separated and we know that school attendance serves a social and emotional purpose as well. C &D perhaps less relevant to ESO but where it is a complex case you may need to seek legal advice and address this. However where an ESO would stabilise an education placement for the good this may be relevant. Any harm- it should not be too difficult to consider this Parental capacity- this is an important one- even where a parent is clearly breaking the law there may be an issue about parental capacity and the extent to which they are able to meet the child�s needs without support The range of powers - you are applying for an ESO but the court may decide to make another order. It may even make a care order if the grounds are met. This is unlikely but not impossible and it has happened. Handout appeal from 1991- interesting to look at the appeal judges reasons for not upholding the appeal. Recently a case in the North East, 3 boys taken into care as a result of an ESO application, because of the risks to their safety while they were out of school. Handout When the family courts make a decision the welfare checklist is the framework around their deliberations. The Children Act has provisions for a range of Orders so there are certain aspects of the welfare checklist that are more pertinent to your applications so lets have a closer look- Refer to your handout. Ascertainable wishes- this doesn�t mean that the child young person can decide if they want an ESO or not but it does require you to properly find out what the young person wants and to put this in the context of their age and understanding- we will talk more about this later when we look at the application and the report to the court. Physical educational and emotional needs- your focus will be educational needs but they cannot be separated and we know that school attendance serves a social and emotional purpose as well. C &D perhaps less relevant to ESO but where it is a complex case you may need to seek legal advice and address this. However where an ESO would stabilise an education placement for the good this may be relevant. Any harm- it should not be too difficult to consider this Parental capacity- this is an important one- even where a parent is clearly breaking the law there may be an issue about parental capacity and the extent to which they are able to meet the child�s needs without support The range of powers - you are applying for an ESO but the court may decide to make another order. It may even make a care order if the grounds are met. This is unlikely but not impossible and it has happened. Handout appeal from 1991- interesting to look at the appeal judges reasons for not upholding the appeal. Recently a case in the North East, 3 boys taken into care as a result of an ESO application, because of the risks to their safety while they were out of school.

5. 5 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 Sound familiar? Yes we it should because actually the grounds are pretty much the same as for a parental prosecution. Once an ESO is made the SAO no longer applies and the parent is required to follow the supervising officers directions. We will talk about directions and the powers associated with those later. Sound familiar? Yes we it should because actually the grounds are pretty much the same as for a parental prosecution. Once an ESO is made the SAO no longer applies and the parent is required to follow the supervising officers directions. We will talk about directions and the powers associated with those later.

6. 6 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 child�s problems by working with the parents to bring them to accept their statutory responsibilities. For dome parents the reality is that they cannot sustain appropriate parental behaviours without support and guidance. It may also be particularly with older young people that there are needs that should be addressed. So this is helpful, it gives us a clue. However in the interest of consistency, and to be able to demonstrate you have complied with the duty to consider having a local policy in place is invaluable. Some LAs do, Essex is highlighted in the guidance they have a documented decision making process, they also have an agreed local policy that they do not prosecute where parents have mental health problems .For dome parents the reality is that they cannot sustain appropriate parental behaviours without support and guidance. It may also be particularly with older young people that there are needs that should be addressed. So this is helpful, it gives us a clue. However in the interest of consistency, and to be able to demonstrate you have complied with the duty to consider having a local policy in place is invaluable. Some LAs do, Essex is highlighted in the guidance they have a documented decision making process, they also have an agreed local policy that they do not prosecute where parents have mental health problems .

7. 7 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 Whist the practice examples here might suggest an ESO they do not preclude a prosecution either- ultimately this really is a professional decision. Whist the practice examples here might suggest an ESO they do not preclude a prosecution either- ultimately this really is a professional decision.

8. 8 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 You will all be familiar with the education definition of parent. When we look later at the technical process involved we will clarify who else needs to be involved.You will all be familiar with the education definition of parent. When we look later at the technical process involved we will clarify who else needs to be involved.

9. 9 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 Well in theory this would work but when we come on later to information about duties to consult and responsibilities for breaching. ESOs you will maybe want to think again about how practical this is. Well in theory this would work but when we come on later to information about duties to consult and responsibilities for breaching. ESOs you will maybe want to think again about how practical this is.

10. 10 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 Children�s 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

11. 11 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. An example in the guidance book of an ESI running alongside a CSO and SSD intervention while the child was son the ACPR, it can work it�s the manifestation of good multi agency working. Don�t get too hung up on the fine detail this can be looked up, it�s a technical issue and not something you will come up against frequently. Practitioners often sk why YOTs don�t write school attendance into CSOs well there is a good reason for this. Unlike the professional freedom you can enjoy the YJ provisions are very prescriptive. The school attendance issue is complicated it is very easy to breach and atyojugn person is obliged to be breached and may end up way up the tariff and possible in custody- you are the experts in schooattendace so make friends with tyur YOT and do what you do best. An example in the guidance book of an ESI running alongside a CSO and SSD intervention while the child was son the ACPR, it can work it�s the manifestation of good multi agency working. Don�t get too hung up on the fine detail this can be looked up, it�s a technical issue and not something you will come up against frequently. Practitioners often sk why YOTs don�t write school attendance into CSOs well there is a good reason for this. Unlike the professional freedom you can enjoy the YJ provisions are very prescriptive. The school attendance issue is complicated it is very easy to breach and atyojugn person is obliged to be breached and may end up way up the tariff and possible in custody- you are the experts in schooattendace so make friends with tyur YOT and do what you do best.

12. 12 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 What does this mean in practice? Well although these rights are lost it�s not quite as simple as that because remember the principles of the Children Act that we looked at earlier. In practice, for example a parent may want their child to be educated at a particular type of school or to choose to educate at home whereas they have the right to do that ordinarily where an SO if in force it will be the supervising officer (The LA) decision but this would need to be made in consultation with parent and in the best interests of the child. We have all met parents who at the first sign of trouble transfer to yet another school, with an ESO the parent loses the automatic right to do this. This may also be the case where a parent elects to home educate, where an ESO is in force they cannot do this without the agreement of the SO. If they do the SO may make directions compelling parents to co-operate with the local authority. We will look in more detail a at the power to make directions and the sanctions available of they are breached. I just want to remind everyone of one thing This is not a soft portion, it may be a welfare response but when you consider the impact that it potentially has, interferences in family life fover arlonged period, loss of parental rights enshrined in education for decades, its not a soft option, the risk of a care order being made. Its powerful, intrusive and far reaching and should be used with respect. What does this mean in practice? Well although these rights are lost it�s not quite as simple as that because remember the principles of the Children Act that we looked at earlier. In practice, for example a parent may want their child to be educated at a particular type of school or to choose to educate at home whereas they have the right to do that ordinarily where an SO if in force it will be the supervising officer (The LA) decision but this would need to be made in consultation with parent and in the best interests of the child. We have all met parents who at the first sign of trouble transfer to yet another school, with an ESO the parent loses the automatic right to do this. This may also be the case where a parent elects to home educate, where an ESO is in force they cannot do this without the agreement of the SO. If they do the SO may make directions compelling parents to co-operate with the local authority. We will look in more detail a at the power to make directions and the sanctions available of they are breached. I just want to remind everyone of one thing This is not a soft portion, it may be a welfare response but when you consider the impact that it potentially has, interferences in family life fover arlonged period, loss of parental rights enshrined in education for decades, its not a soft option, the risk of a care order being made. Its powerful, intrusive and far reaching and should be used with respect.

13. 13 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.

14. 14 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 This does not mean that you have to prove beyond all doubt that an ESO will work, you cannot possible know this. It doesn�t mean that you have to have tried everything , although you will have to provide evidence of your intervention so far � we will come to this later. You will need to convince the bench that what you are proposing is likely to make a positive difference and that without it the child�s education will be damaged.This does not mean that you have to prove beyond all doubt that an ESO will work, you cannot possible know this. It doesn�t mean that you have to have tried everything , although you will have to provide evidence of your intervention so far � we will come to this later. You will need to convince the bench that what you are proposing is likely to make a positive difference and that without it the child�s education will be damaged.

15. 15 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 child�s 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? In many way prosecution is a far easier proposition - the grounds, the evidence base are pretty clear. Whert you use the posesr you have and when is fairly arbitrary but it�s not difficult offence to prove. However remember the Children Act is a civil action- this is meant to be inquisitorial north adversarial. Who is to blame is really not the issue. It may well be totally the parents fault, often is but locating bakme will not necessarily improve the situation so I need you to think about not who is to blame but what needs to happen to make things better. Don�t forget you can do either neither or both.In many way prosecution is a far easier proposition - the grounds, the evidence base are pretty clear. Whert you use the posesr you have and when is fairly arbitrary but it�s not difficult offence to prove. However remember the Children Act is a civil action- this is meant to be inquisitorial north adversarial. Who is to blame is really not the issue. It may well be totally the parents fault, often is but locating bakme will not necessarily improve the situation so I need you to think about not who is to blame but what needs to happen to make things better. Don�t forget you can do either neither or both.

16. 16 Decision Making Task Read the case study (part 1) In your small group consider the information you have. Identify the child�s 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. Remember you may have to demonstrate to the court that you have properly considered. Remember you may have to demonstrate to the court that you have properly considered.

17. 17 Education Supervision Orders Practitioner Training Presentation Part 2

18. 18 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 There is a lot of misinformation about this. When you consult someone to ask their views not their permission. Social services do not have a right of veto- however it is helpful to have local procedures n place that prevent unhelpful disagreements and resolve any that occur. You will also need to provide evidence that SSD have been consulted, so this is a formal process. Parents don�t have choice, it is of course better to work with their agreement but this is not always possible, you may need to press ahead if you believe it is into the child�s best interests. Similarly a child does not have a choice though what they say will be taken into account. There is a lot of misinformation about this. When you consult someone to ask their views not their permission. Social services do not have a right of veto- however it is helpful to have local procedures n place that prevent unhelpful disagreements and resolve any that occur. You will also need to provide evidence that SSD have been consulted, so this is a formal process. Parents don�t have choice, it is of course better to work with their agreement but this is not always possible, you may need to press ahead if you believe it is into the child�s best interests. Similarly a child does not have a choice though what they say will be taken into account.

19. 19 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 child�s welfare. Post ECM �Adult or children�s services?

20. 20 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 I can�t tell you this, but there is no substitute for good casework supervision. You need to demonstrate to the court that you have attempted to resolve the situation. Education planning meetings are a good way of bringing on board other agencies and having an open discussion with parents and the young person- a sort of education case conference. It may be that with good multi agency systems n place it wont be necessary to make an application- this is a good outcome. Existing systems- all of the above a really great fit with an ESO, if you have ticked one of those boxes it is likely that you have done enough to warrant taking this to application stage. The CAF- we will look at how all of this can be brought up to date post ECM, but if you have done a CAF there is no reason to create unnecessary work.I can�t tell you this, but there is no substitute for good casework supervision. You need to demonstrate to the court that you have attempted to resolve the situation. Education planning meetings are a good way of bringing on board other agencies and having an open discussion with parents and the young person- a sort of education case conference. It may be that with good multi agency systems n place it wont be necessary to make an application- this is a good outcome. Existing systems- all of the above a really great fit with an ESO, if you have ticked one of those boxes it is likely that you have done enough to warrant taking this to application stage. The CAF- we will look at how all of this can be brought up to date post ECM, but if you have done a CAF there is no reason to create unnecessary work.

21. 21 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 Handout- forms The CI is used for every application it is the supplement that will be order specific In this case the C17. there are instructions on the website on how to complete them. I wont say much more about the forms, they are not scary they are very clear and largely self explanatory and fortunately HMCS issue really good guidance which is aimed at the public so its easy ish to follow. Handout forms and guidance on service.Handout- forms The CI is used for every application it is the supplement that will be order specific In this case the C17. there are instructions on the website on how to complete them. I wont say much more about the forms, they are not scary they are very clear and largely self explanatory and fortunately HMCS issue really good guidance which is aimed at the public so its easy ish to follow. Handout forms and guidance on service.

22. 22 Application (2)- The Report Child or young person�s record of attendance ( 12 weeks) Relevant details of the Child�s 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 person�s 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. This is pretty prcrtiptive and is set out in the children Act guidance. It makes total sense to construct your report around these headings. You can either address the welfare checklist in the body of the report or as some LAs do have a separate section. A chronology- not a requirement but can be a really useful at a glance record of the contact and broads interventions that have taken place There has been some misunderstanding about this- one poorparctitonerw decided that ESOs wee far too bureaucratic after being told by her legal advisor to document every contact with the family since they become involved with the service, some 30+ pages late she gave up. This is not necessary- it may be for a care order but the reporting repoquiemrnents for an ESO are very specific and set out in Vol 7 of the guidance. I doubt you would need to produce more than 10 pages. Some Las attached chronology which sets out in tabular form the contact or case history this is a useful way of demonstrating you involvement and setting out clear concise information to the court. The purpose of the report is not to prove but rhare to make your case, This is a decision making process. It�s about painting apicture,helpingt eh bench decide what to do. It will be a mixture of facts and your views , professional judgement id you like, be clear about which is which. Partnership with the family- you should be writing this report with the family, they will get it anyway, not just the parents but the young person so you will need to be open and honest in all your dealings with them. They may not agree with your assessment, for example of their causes of poor attendance, that�s fine, they are entitle to disagree just make it clear in your report that they disagree and ensure that you preenthrie veiws, the same goes for the child.This is pretty prcrtiptive and is set out in the children Act guidance. It makes total sense to construct your report around these headings. You can either address the welfare checklist in the body of the report or as some LAs do have a separate section. A chronology- not a requirement but can be a really useful at a glance record of the contact and broads interventions that have taken place There has been some misunderstanding about this- one poorparctitonerw decided that ESOs wee far too bureaucratic after being told by her legal advisor to document every contact with the family since they become involved with the service, some 30+ pages late she gave up. This is not necessary- it may be for a care order but the reporting repoquiemrnents for an ESO are very specific and set out in Vol 7 of the guidance. I doubt you would need to produce more than 10 pages. Some Las attached chronology which sets out in tabular form the contact or case history this is a useful way of demonstrating you involvement and setting out clear concise information to the court. The purpose of the report is not to prove but rhare to make your case, This is a decision making process. It�s about painting apicture,helpingt eh bench decide what to do. It will be a mixture of facts and your views , professional judgement id you like, be clear about which is which. Partnership with the family- you should be writing this report with the family, they will get it anyway, not just the parents but the young person so you will need to be open and honest in all your dealings with them. They may not agree with your assessment, for example of their causes of poor attendance, that�s fine, they are entitle to disagree just make it clear in your report that they disagree and ensure that you preenthrie veiws, the same goes for the child.

23. 23 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!) You obviously need to be ethical, legal and reasonable but really this is your chance to be creative. The way I look at it is this If it says you must do it then you must If it says you can�t then you mustn�t if is says nothing assume you can You will notice n the application there is a space for any directions you may wosh to make- with any order the parent will be obliged to allow a supervising officer reaslianble access etc. You do not have to make any direction at this stage. You cannot be expected to second guess every eventuality. It may be necessary to make a direction if there is a good reason to suggest it- for example I there is ongoing problem about parents attending meetings in school you may need to dreicthis fort he start. Fortunately the legsltionallows you o make direction at any time during he flife of an order. I have seem some applications where he plan is a big list of 10-12 directions. Many of hch are not direction but staments, thus is bad practice, its unnecessary and its not what a ESO is for. For example � a direction at application stage- the child attends school every day Doh! Thisd is silly, its unreasonable if it isn�t breached it kind of makes insenes if you assessment of need, if it is breached you are in a tricky situation fro day one- please don�t do it! Don�t� make life difficult for yourself. You have enough to do!You obviously need to be ethical, legal and reasonable but really this is your chance to be creative. The way I look at it is this If it says you must do it then you must If it says you can�t then you mustn�t if is says nothing assume you can You will notice n the application there is a space for any directions you may wosh to make- with any order the parent will be obliged to allow a supervising officer reaslianble access etc. You do not have to make any direction at this stage. You cannot be expected to second guess every eventuality. It may be necessary to make a direction if there is a good reason to suggest it- for example I there is ongoing problem about parents attending meetings in school you may need to dreicthis fort he start. Fortunately the legsltionallows you o make direction at any time during he flife of an order. I have seem some applications where he plan is a big list of 10-12 directions. Many of hch are not direction but staments, thus is bad practice, its unnecessary and its not what a ESO is for. For example � a direction at application stage- the child attends school every day Doh! Thisd is silly, its unreasonable if it isn�t breached it kind of makes insenes if you assessment of need, if it is breached you are in a tricky situation fro day one- please don�t do it! Don�t� make life difficult for yourself. You have enough to do!

24. 24 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? You can be a little creative but try abn be realistic about what is available and deliverable. Don�t forget the VCS- these provision will differ hugely but is worth finding out how they may be ale to help . I �m thinking Home start, youth provision, sports whatever. Don�t forget also the church/mosques other religious organisations, often have swell established welfare provision and may be able to support families. Obviously education will have the lead on this and may well be providing most of the resources but this need not be a lone responsibility. I am not asking you to consider directions at this stage that will come later. Try and set this in the context of the services in your own authority, remember that other agencies have a duty to cooperate, this is after all a court order. You can be a little creative but try abn be realistic about what is available and deliverable. Don�t forget the VCS- these provision will differ hugely but is worth finding out how they may be ale to help . I �m thinking Home start, youth provision, sports whatever. Don�t forget also the church/mosques other religious organisations, often have swell established welfare provision and may be able to support families. Obviously education will have the lead on this and may well be providing most of the resources but this need not be a lone responsibility. I am not asking you to consider directions at this stage that will come later. Try and set this in the context of the services in your own authority, remember that other agencies have a duty to cooperate, this is after all a court order.

25. 25 Education Supervision Orders Practitioner Training Presentation Part 3

26. 26 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. Most of you while familiar with serving summons. The Family court differs from the magistrates and you will have to follow very precise arrangements. These are detailed in your handout so I won�t go into detail, There shouldn't be any surprises in court as all of the information is in documentary form and is shared before hand. There maybe some sensitive issues with estranged parents and you may need to tread carefully and seek legal advice- it may be possible not to reveal the child�s address to certain parties. Sometimes it is necessary to involve parents who may for very good reason not be on good terms, there may be a history of DV there may even be some kind of restraining order or injunction in place. Some parents may not understand that the estranged parents has a right to be involvemed and that you have no choice about this. Something for the lawyers- CA regulations and guidance Vol 21 has been updated This is concerned with care and supervision orders and does not specifically cover ESOs it does however contain a section on how public law cases are managed. Make sure that the family understand the information and what it means- literacy, language may be an issue ands you will need to make arrangements to ensue that this is addressed. You may need to run through it with them, use an interpreter, have the documents translated. Before entering into a costly translation if you have good relationship with the family see if it might be best to do this verbally ( no written dialect or illiteracy ) don�t assume that because it is translated they will be able to read and understand. Also don�t assume this is an issue for BME families, we have significant levels of adult illiteracy among the population. Think about your written style, you need to be professional but also remember who the audience is, the court, the parents and the child who may be quite young chronologically or intellectually so make your language accessible and jargon free. PACE does not apply to this but there is every reason to bear those principles in mind I don�t mean the caution I mean the other bits. ESO proceedings are subject to legal aid which course subject to usual means testing. Parents should be advised early on of their right to seek advice especially if they are contesting the application.Most of you while familiar with serving summons. The Family court differs from the magistrates and you will have to follow very precise arrangements. These are detailed in your handout so I won�t go into detail, There shouldn't be any surprises in court as all of the information is in documentary form and is shared before hand. There maybe some sensitive issues with estranged parents and you may need to tread carefully and seek legal advice- it may be possible not to reveal the child�s address to certain parties. Sometimes it is necessary to involve parents who may for very good reason not be on good terms, there may be a history of DV there may even be some kind of restraining order or injunction in place. Some parents may not understand that the estranged parents has a right to be involvemed and that you have no choice about this. Something for the lawyers- CA regulations and guidance Vol 21 has been updated This is concerned with care and supervision orders and does not specifically cover ESOs it does however contain a section on how public law cases are managed. Make sure that the family understand the information and what it means- literacy, language may be an issue ands you will need to make arrangements to ensue that this is addressed. You may need to run through it with them, use an interpreter, have the documents translated. Before entering into a costly translation if you have good relationship with the family see if it might be best to do this verbally ( no written dialect or illiteracy ) don�t assume that because it is translated they will be able to read and understand. Also don�t assume this is an issue for BME families, we have significant levels of adult illiteracy among the population. Think about your written style, you need to be professional but also remember who the audience is, the court, the parents and the child who may be quite young chronologically or intellectually so make your language accessible and jargon free. PACE does not apply to this but there is every reason to bear those principles in mind I don�t mean the caution I mean the other bits. ESO proceedings are subject to legal aid which course subject to usual means testing. Parents should be advised early on of their right to seek advice especially if they are contesting the application.

27. 27 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 This may seem laborious but it probably save time in the end. It has been known if all the paperwork is there and all parties are in agreement to go straight into hearing, its unusual but not impossible do be prepared.This may seem laborious but it probably save time in the end. It has been known if all the paperwork is there and all parties are in agreement to go straight into hearing, its unusual but not impossible do be prepared.

28. 28 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. Just to give you an example- a case I was involved in years ago, application for an ESO which involved the chid attending a residential special school. The resident parents as in agreement, the child was not but ut is doubtful he fully understood the proceedings, His estranged father alerted by the service of papers decided with his solicitor to make an application for residence. In another an ESO was sought when a parent failed to cooperate with the LA regarding EHE. The estranged parent had contacted the LA prior to this as she was concerned that her children whom she had little access to were not in school. Both matters her contact and our ESO were heard together. No we didn�t get an ESO but what we got was some serious co-operation this was heard in the high court and its not a good plan to ignore a high court judge who is telling you to co-operate fully with the LA! Just to give you an example- a case I was involved in years ago, application for an ESO which involved the chid attending a residential special school. The resident parents as in agreement, the child was not but ut is doubtful he fully understood the proceedings, His estranged father alerted by the service of papers decided with his solicitor to make an application for residence. In another an ESO was sought when a parent failed to cooperate with the LA regarding EHE. The estranged parent had contacted the LA prior to this as she was concerned that her children whom she had little access to were not in school. Both matters her contact and our ESO were heard together. No we didn�t get an ESO but what we got was some serious co-operation this was heard in the high court and its not a good plan to ignore a high court judge who is telling you to co-operate fully with the LA!

29. 29 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 Less formal doesn�t mean informal so you will be needing that suit and tie. The family court sits in private so there is no public access. Only those party to the case will be in court unless there is permission for observers. What tends to happen now is that once a case is assigned to a magistrate or a bench they will continue with it until it is concluded. All magistrates in the family courts are CA trained so they will know what they are doing and be familiar with the welfare checklist. Generally everyone remains seated unless they are speaking, even then you may be asked to sit down.Less formal doesn�t mean informal so you will be needing that suit and tie. The family court sits in private so there is no public access. Only those party to the case will be in court unless there is permission for observers. What tends to happen now is that once a case is assigned to a magistrate or a bench they will continue with it until it is concluded. All magistrates in the family courts are CA trained so they will know what they are doing and be familiar with the welfare checklist. Generally everyone remains seated unless they are speaking, even then you may be asked to sit down.

30. 30 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. Handout- an appeal against an ESO- dated now and I wonder if, what with the evidence on the educational outcomes for children in care and the targets tpo reduce RICs it would jave been made. Anyway the appeal was not u[held but some of the reasons given by the judge are interesting and demonstrate the welfare checklist at work.Handout- an appeal against an ESO- dated now and I wonder if, what with the evidence on the educational outcomes for children in care and the targets tpo reduce RICs it would jave been made. Anyway the appeal was not u[held but some of the reasons given by the judge are interesting and demonstrate the welfare checklist at work.

31. 31 Education Supervision Orders Practitioner Training Presentation Part 4

32. 32 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)

33. 33 Using Directions Sparingly Not a substitute for good casework Reasonable and measurable Discussed with the parent and or child Given verbally Confirmed in writing For exampe it may be that you are unable to implement your plans for the child because of parental failure to co-operate with meetings in school- it would therefore be reasonable to direct them to do so. It may be necessary for the parent to escort a child to school for a period of time In theory there is nothing to stop you directing a parent to attend parenting classes so long as you could demonstrate it was reasonable to direct this. You could also theory direct a child or young person to attend medical or psychological examination/treatment- ethical questions here but where this is a specific issue bear it in mind. The guidance asks you to take into account the views of parents and young people before making directions, this doesn�t mean they have to agree.For exampe it may be that you are unable to implement your plans for the child because of parental failure to co-operate with meetings in school- it would therefore be reasonable to direct them to do so. It may be necessary for the parent to escort a child to school for a period of time In theory there is nothing to stop you directing a parent to attend parenting classes so long as you could demonstrate it was reasonable to direct this. You could also theory direct a child or young person to attend medical or psychological examination/treatment- ethical questions here but where this is a specific issue bear it in mind. The guidance asks you to take into account the views of parents and young people before making directions, this doesn�t mean they have to agree.

34. 34 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? What I found from the ESO project is that there is some misunderstanding about directions. I saw a number of case files where the applications and report were accompanied by a list of directions, sometimes 10 or more which were actually not even proper directions. For example the child must attend school everyday ? The parent must ensure that the child attends school every day? Nonsense and breached on day one. If this were reasonable and achievable I would questions why you need and ESO at all- if it were that simple it would have happened by now. A directions can be made at any time as many times as necessary during the life of an ESO. There is no need to try and second guess every issue that may be contentious and include before you have even begun supervising the ESO.What I found from the ESO project is that there is some misunderstanding about directions. I saw a number of case files where the applications and report were accompanied by a list of directions, sometimes 10 or more which were actually not even proper directions. For example the child must attend school everyday ? The parent must ensure that the child attends school every day? Nonsense and breached on day one. If this were reasonable and achievable I would questions why you need and ESO at all- if it were that simple it would have happened by now. A directions can be made at any time as many times as necessary during the life of an ESO. There is no need to try and second guess every issue that may be contentious and include before you have even begun supervising the ESO.

35. 35 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.

36. 36 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 Where an application is made to discharge an ESO because it is unworkable the court may require social services to investigate the child�s circumstances.Where an application is made to discharge an ESO because it is unworkable the court may require social services to investigate the child�s circumstances.

37. 37 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 It wasn�t until I began preparing this that I realised how like the aggravated offence this is. How a court would define reasonable or determine what could be deemed reasonable steps by a parents I don�t know and neither do I know of any case law concerning the offence. I don know that one LA breached a parents who was fined �500 so it seems magistrates do take it seriously.It wasn�t until I began preparing this that I realised how like the aggravated offence this is. How a court would define reasonable or determine what could be deemed reasonable steps by a parents I don�t know and neither do I know of any case law concerning the offence. I don know that one LA breached a parents who was fined �500 so it seems magistrates do take it seriously.

38. 38 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 child�s circumstances and put in place any support necessary or take appropriate action. This is where it is so important to have already had contact with social care- This is not an optional thing, it�s a legal obligation and not a ninspecific one like duty to co-operate. This is where it is so important to have already had contact with social care- This is not an optional thing, it�s a legal obligation and not a ninspecific one like duty to co-operate.

39. 39 Education Supervision Orders Practitioner Training Presentation Part 5

40. 40 Strengths and weaknesses Group discussion What are the strengths of the provision? What are it�s potential weaknesses? How could these be reduced?

41. 41 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 The CA was probably ahead of its time back in the early 1990s when it was implemented. The provisions under subsequent Children Acts now provide the infrastructure to better support multi agency work and promote a corporate responsibility for vulnerable young people who are not attending school. This training has been for practitioners but there is I think a further set of issues that are a management responsibility. Links with other agencies, administrative systems, ensuring skills are in place, framework to ensure consistent practice, mechanisms for evaluating effectiveness, high quality casework supervision, budget and agreements with legal advisors. There are 2 chapters in the guidance- supporting structures and getting the EWS house in order which address this. The CA was probably ahead of its time back in the early 1990s when it was implemented. The provisions under subsequent Children Acts now provide the infrastructure to better support multi agency work and promote a corporate responsibility for vulnerable young people who are not attending school. This training has been for practitioners but there is I think a further set of issues that are a management responsibility. Links with other agencies, administrative systems, ensuring skills are in place, framework to ensure consistent practice, mechanisms for evaluating effectiveness, high quality casework supervision, budget and agreements with legal advisors. There are 2 chapters in the guidance- supporting structures and getting the EWS house in order which address this.

42. 42 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 Children�s Bureau. Before you depart- this is a pilot it is therefore free of charge but as with everything you rarely get something for nothing so please complete the evaluation/feedback form. I�ve sectioned it up to make it easier but don�t feel restricted by this. Although there are no formal channels for this because of the project I have tended to be something of a repository for ESO related stuff. So, if anything interesting happens or you just want to share please feel free to E mail me, its really useful to collect practitioner experiences, you never now when they may be useful.Before you depart- this is a pilot it is therefore free of charge but as with everything you rarely get something for nothing so please complete the evaluation/feedback form. I�ve sectioned it up to make it easier but don�t feel restricted by this. Although there are no formal channels for this because of the project I have tended to be something of a repository for ESO related stuff. So, if anything interesting happens or you just want to share please feel free to E mail me, its really useful to collect practitioner experiences, you never now when they may be useful.