Education legal planning guidance

Purpose of Education Legal Planning Meetings (ELPM)

Education Legal Planning Meetings are an essential part of the process for dealing with public law and cases of persistent non-attendance that meet the threshold for escalation to the courts. An education legal planning meeting should be held to discuss the way forward in all circumstances where alternative interventions to promote attendance have been exhausted and there has not been a sustained improvement in the child’s school attendance (in keeping with stage three of the attendance procedures - statutory attendance action) and:

  1. When it's clear that improved school attendance of a child cannot be achieved by agreement with the parents.
  2. A formal parenting contract has been declined by a parent or carer or such a contract has not been adhered to.
  3. Where it's thought that a legal proceeding, such as an Education Supervision rder (ESO), may be required in order to assist in child attending school.

At the meeting, a decision should be made in principle about whether the criteria for prosecution, ESO or other legal disposal have been met. The SEWO should then decide, based on a robust analysis of the level of assessed risk, whether:

  1. It's in the best interests of the child to provide a further period of support for the family with the aim of avoiding proceedings; or
  2. Proceedings should be initiated immediately.

The meeting should also identify any evidence gaps and clarify whether additional assessments will be required.

Page last updated: 16 January 2023

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