What is an SAO?

A School Attendance Order is a legal notice issued by a local authority when it believes a child of compulsory school age is not receiving a suitable education. It requires the parent to register the child at a specific school named in the order. SAOs are used to ensure that every child receives an appropriate full-time education, either at school or otherwise (such as through elective home education).

When an SAO is used

An SAO is typically used when:

• a child is not registered at any school
• the local authority believes the education being provided at home is not suitable
• the parent has failed to provide evidence of suitable education after being asked to do so

Before issuing an SAO, the local authority will usually make informal attempts to resolve the issue, including offering support and requesting information about the child's education.

How an SAO works

1. the local authority serves a notice requiring the parent to register the child at a school or provide evidence of suitable education
2. if the parent does not respond satisfactorily within 15 days, the authority may issue a School Attendance Order naming a specific school
3. the parent must then register the child at that school and ensure regular attendance

Parents can object to the named school or appeal the order, but they must do so through the proper legal channels.

 If you don't comply

Failure to comply with an SAO is a criminal offence. If a parent does not register the child at the named school or fails to ensure attendance, they may be prosecuted. This can result in:

• a fine of up to £1,000
• a criminal record
• further legal action, including Education Supervision Orders or Parenting Orders

https://www.gov.uk/government/publications/admission-appeals-for-school-places/advice-for-parents-and-guardians-on-school-admission-appeals

Prosecution for Non-Attendance

We aim to work with families to avoid legal action wherever possible. The Local Authority may prosecute parents under Section 444 of the Education Act 1996 where a child fails to attend school regularly and statutory intervention has not secured improvement. 

The Court may impose a range of sanctions, including:

• Financial penalties
• Court costs
• Parenting Orders
• Education Supervision Orders
• Other penalties available within legislation

In determining the most appropriate legal intervention, the Local Authority may consider whether a Parenting Order, Education Supervision Order or prosecution is the most suitable and proportionate response, taking account of the child's circumstances, the support already provided, and the family's engagement with that support. Prosecution is generally considered a measure of last resort.

A guide to non-attendance prosecutions and court