HL Deb 23 June 1938 vol 110 cc257-8

Amendments of principal Act.

Amendments of the Education Act, 1921.

In Section forty-five, in subsection (1), in paragraphs (a) and (b), after the words "the Children and Young Persons Act, 1933" there shall be inserted the words "or (without making an order committing the child to the care of a fit person or in addition to making such an order) make an order placing the child, for a specified period not exceeding three years, under the supervision of a probation officer or of some other person appointed for the purpose by the court"; and, in subsection (2), after the words "fit person" there shall be inserted the words "or placing him under the supervision of a probation officer or of some other person appointed for the purpose by the court."

THE EARL OF MUNSTER moved to insert among the Amendments of the principal Act: In the Third Schedule, the provisions substituting a section for Section forty-five of the Education Act, 1921, shall cease to have effect. The noble Earl said: My Lords, this Amendment relates to Section 45 of the Education Act, 1921, and it will be unnecessary for me to say more than that the purpose of leaving these words out is to secure that the revised Section 45 of the Education Act, 1921, shall appear in full in the Schedule of the Bill.

Amendment moved— Page 9, line 25, at end insert the said words.—(The Earl of Munster.)

On Question, Amendment agreed to.

THE EARL OF MUNSTER moved to leave out all words following "Amendments of the Education Act, 1921," and insert: For Section forty-five there shall be substituted the following section:

Proceedings on disobedience of order of court for attendance at school.

45.—(1) Where a school attendance order is not complied with, without any reasonable excuse, a court of summary jurisdiction, on complaint made by the local education authority, may, if they think fit, order as follows:—

  1. (a) in the first case of non-compliance if the parent of the child does not appear, or appears and fails to satisfy the court that he has used all reasonable efforts to enforce compliance with the order, the court may impose a fine not exceeding with the costs twenty shillings; but if the parent satisfies the court that he has used all reasonable efforts as aforesaid, the court may, without 258 inflicting a fine, order the child to be sent to an approved school or to be committed to the care of a fit person in accordance with the provisions of the Children and Young Persons Act, 1933, or (without making an order committing the child to the care of a fit person or in addition to making such an order) make an order placing the child, for a specified period not exceeding three years, under the supervision of a probation officer or of some other person appointed for the purpose by the court; and
  2. (b) in the second or any subsequent case of non-compliance with the order, the court may order the child to he sent to an approved school or to be committed to the care of a fit person in accordance with the provisions of the Children and Young Persons Act, 1933, or (without making an order committing the child to the care of a fit person or in addition to making such an order) make an order placing the child, for a specified period not exceeding three years, under the supervision of a probation officer or of some other person appointed for the purpose by the court, and may further in their discretion inflict any such fine as aforesaid, or they may for each such noncompliance inflict any such fine as aforesaid without dealing with the child as aforesaid:

Provided that a complaint under this section with respect to a continuing non-compliance with a school attendance order shall not be repeated by the local education authority at any less interval than two weeks.

(2) Where an order is made under this section either sending a child to an approved school, or committing him to the care of a fit person, or placing him under the supervision of a probation officer or of some other person appointed for the purpose by the court, the provisions of the Children and Young Persons Act, 1933, shall apply in relation to the order as if it were an order made under that Act."

The noble Earl said: This is consequential.

Amendment moved— Page 9, line 27, leave out from the beginning of the line to the end of the Schedule, and insert the said new' section.—(The Earl of Munster.)

On Question, Amendment agreed to.

Bill passed, and returned to the Commons.