School Attendance Orders - 4
Statutory Notice Periods
As can be seen from the Government Guidance on School Attendance cited above, there are periods of statutory notice which must be given to the family. The family is first served with a notice of intention to issue an SAO. Second the family has 15 days to register the child with a school. Thirdly the SAO is issued. Fourthly the family has 15 days to comply with the SAO.
At any point in the proceedings towards issuing the SAO, the family can cause the SAO to be halted by demonstrating that the child is receiving education at home.
The Government Guidelines on home education also say:
At any stage following the issue of the Order, parents may present evidence to the local authority that they are now providing an appropriate education and apply to have the Order revoked.
If the case goes to the magistrates court, the parents will have to prove to the court that they are fulfilling their legal obligations by providing suitable education otherwise than at school.
The following is taken from the Government Guidance on School Attendance:
In the case of a child not registered at a school the parent will have a defence to the offence if he proves that he is providing suitable education at home.