Education legal planning guidance

Considerations

An education legal planning meeting is an opportunity to discuss a case fully, and to consult with the family and colleagues to ensure that children are the subject of active case management and that appropriate legal action is taken when required to promote and safeguard the welfare of the child. The FEH EIT manager and SEWOs are available to provide support, advice and guidance in determining when a case of persistent non-attendance by a child meets the threshold (as set out in paragraph two above) for such a meeting.

In order to enable a full discussion to take place, the following documents must be completed by the designated school representative, or lead professional:

1. Relevant assessment(s)
2. An up to date chronology
3. An ELPM report
4. The attendance and inclusion plan or a clear indication that options for a plan have been considered
5. A genogram

A template for the ELPM report is included in the appendices to this guidance.

The issues to be considered at the meeting will include the following:

1. The reasons for the poor school attendance.
2. The steps already taken to address poor attendance.
3. The parent and child views.

It may be appropriate to instruct further expert assessment before the commencement of court proceedings. In addition, it's best practice to request a parenting assessment for all parents summonsed for prosecution to inform the LA recommendations to court and to determine if a parenting order would be an appropriate option and commensurate with the seriousness of the case.

For any additional assessment, consideration needs to be given to:

1. The rationale and need for such an assessment
2. The proposed remit of the instructions and the areas to be addressed
3. Who should the assessment be completed by
4. Likely timescales
5. Whether there has been previous court proceedings in relation to the family? If so, what steps are required to obtain the papers in relation to the case from the court or another LA?

In all cases, even where the parent’s record of co-operation is poor, before instituting proceedings under section 443 and 444 of the Education Act 1996, the SEWO and lead professional should:

• inform the parent of all options under consideration
• inform the parent what any statutory intervention would entail
• seek the parent’s and child’s views (if the child has sufficient understanding)

At both stage one and two of the attendance procedures, the potential outcomes of continued non-attendance at school will have been made clear by the school or lead professional.

Who can request an ELPM?

The decision to convene an education legal planning meeting will be made by the school and lead professional in consultation with their line manager and a SEWO following an attendance and inclusion consultation. In gathering evidence, the school, lead professional and SEWO need to consider the following:

• What are the current barriers to learning?
• What support is in place to overcome the barriers to learning?
• Has there been a Team Around the Family approach and if not why?
• What direct work might you do with the family?
• Should a formal court warning be considered?
• Are there any mitigating circumstances?
• What is the parent(s) defence for non–school attendance?
• Do you have a copy of the registration certificate?
• Is absence authorised or unauthorised?
• Are there specific patterns to non-attendance or identified triggers?
• Has a parenting contract been completed? What was the level of compliance?
• When do you decide escalation is required?

Prior to the ELPM, the school representative or lead professional will need to produce a report outlining the facts of the case and the work undertaken to date to improve attendance. The school and/or lead professional will also need to evidence six recorded home visits and/or interviews with parents to address attendance concerns, including meetings/reviews, failed appointments and phone conversations as these can also be used as evidence. This report should be ready for the ELPM and good practice requires the parent to have viewed a copy of the report before the ELPM is convened. The template for this report can be found in appendix 7 ^{(PDF, 186kb)}.

Attendance at the ELPM

The meeting will be chaired by a SEWO and will usually involve the following:

• the school, social worker or family early help practitioner 
• the parent(s)
• the child (if age appropriate)
• any other professional from other agencies or services that have relevant involvement with the family and whose view would assist in making decisions

Recording of the ELPM

The SEWO will nominate an individual to take the minutes of the meeting and ensure that these are circulated to all attendees within five working days of the meeting. The minute taker must record the decision in relation to applying for any court order.

Page last updated: 16 January 2023