Education Supervision Order consideration before prosecution procedure
- Version
- v1
- Updated
- 7 October 2026
- Reviewed
- 7 October 2026
Fields in brackets are completed when you adapt this template.
Education Supervision Order consideration before prosecution
Use this procedure in maintained and academy primary and secondary schools in England where voluntary support or a formal attendance contract has not succeeded and an Education Supervision Order or prosecution is being considered.
Case information
Record the pupil as [pupil name] and the case reference as [case reference].
Before an Education Supervision Order or prosecution is considered
Record whether voluntary early help has been exhausted or has not been successful. Where a formal attendance contract was used, record its outcome as [attendance contract outcome].
The school should provide the local authority with relevant information about the earlier support and any attendance contract, together with the school’s recommendation or other information about whether an Education Supervision Order would benefit the pupil and parent.
Safeguarding discussion
Where safeguarding concerns exist, [lead practitioner role] should discuss the suitability of an Education Supervision Order with [dsl role] and [children social care contact role].
Record whether the discussion considered and agreed that an Education Supervision Order would be more suitable than a section 17 Children in Need plan or a section 47 Child Protection plan.
Local authority consideration
The local authority must fully consider using an Education Supervision Order before moving forward to prosecution. The school’s supporting information and the recorded safeguarding discussion, where applicable, should be provided to [local authority contact role].
Record the date of the school’s information or recommendation as [school information date] and the date of any safeguarding discussion as [safeguarding discussion date].
Sources
- Working together to improve school attendance: July 2026Department for Education (DfE)
