HC Deb 18 June 1948 vol 452 cc878-9

Lords Amendment: In page 12, line 11 at end, insert:

"Section forty, subsection (2). For the words 'It shall be the duty of the local education authority', substitute 'It shall be the duty—
(Duty to take proceedings to enforce school attendance). (a) in the case of an offence against section thirty-seven of this Act, of the local education authority by whom the school attendance order in question was made, or
(b) in the case of an offence against section thirty-nine of this Act, of the local education authority for the area to which the child in question belongs (unless they are satisfied that proceedings for the offence have been or are to be instituted by the local education authority for the area in which the school is at which the child is a registered pupil), or, if the child does not belong to the area of any local education authority, of the local education authority for the area in which that school is'"

Motion made, and Question proposed, "That this House doth agree with the Lords in the said Amendment."

Mr. Linstead (Putney)

I thought that when the Bill left us we had clearly differentiated between the responsibilities of the two authorities concerned. Apparently, on consideration, that has not been found to be the case, and I should be grateful if the Minister would explain upon which of the two authorities it is clear that responsibility rests. Is it to be where the child resides or where he is at school?

Mr. Tomlinson

This Amendment has been proposed in order to meet the point that was raised, about which there was some difficulty and, it was felt, some ambiguity. It is primarily intended that it should be where the child resides, but in order to cover the cases of, for instance, canal boat children and others who are moving about, this alteration has been made, and it is then the local education authority in the area where the child is going to school where the responsibility rests. In normal circumstances, it will be where the child resides, because he is going to school in the area where he resides. Where the child is moving about from place to place, however, the responsibility rests on the authority in the area where the child goes to school.

Question put, and agreed to.

Remaining Lords Amendments agreed to (Several with Special Entries).