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Authority definition

What does Authority mean? In practice, Authority refers to the public sector client that procures and manages a project or service and is the named counterparty in the contract. In public procurement, PFI/PPP, DBFM/DBFOM and outsourcing documents, it is a contractual shorthand for the “contracting authority” defined in legislation (England & Wales and Northern Ireland: Public Contracts Regulations 2015; Scotland: Public Contracts (Scotland) Regulations 2015; Ireland: European Union (Award of Public Authority Contracts) Regulations 2016). Typical Authorities include a local authority, an NHS trust or health board, a central government department or minister, a non‑departmental public body or agency, or another body...

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Failing to Comply with a School Attendance Order: Offence, Procedure, Statutory Defence and Sentencing under the Education Act 1996 (England and Wales)

Practice notes
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The Education Act 1996 (EA 1996) creates criminal liability for a parent who does not ensure his child receives regular education. All offences under the EA 1996 are summary only, so they can be dealt with solely in the magistrates' court.

Procedure Under the EA 1996

Only a local education authority may commence criminal proceedings under the EA 1996; no other prosecuting body is permitted to do so. Before starting a case, the authority must first consider whether it would be appropriate, instead of or as well as prosecuting, to seek an 'Education Supervision Order' (ESO) from the court.

Elements of the offence of failing to comply with school attendance order

The prosecution must establish that:

  • a parent
  • has failed to comply
  • with the requirements of a school attendance centre order

Parent

Within the EA 1996, 'parent' in relation to a child or young person includes any individual who is not a parent but who has 'parental responsibility' for a child or young person, or who...

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Mark Blois
Mark Blois

Mark is a Partner and Head of the Education team at Browne Jacobson, a leading national education law firm. Mark personally has over twenty years' experience as an education lawyer and has been recommended as a Leader in his field in the industry bibles 'Chambers UK' and 'Legal 500' for more than fifteen years. 'Chambers UK' has dubbed him 'an industry leader' and includes him as one of only three lawyers ranked in Band One nationally for recommended education lawyers. 'Legal 500' has described him as 'exceptional'. He was named Lawyer of the Year at the Nottinghamshire Law Society Awards in 2012 and designated a National Leader of Governance by the NCTL in 2015.He has previously served as a member of the Regional Council of the Learning and Skills Council, as a Director of the National Governors' Association and on the Board of a 157...

Web page updated on 21/05/2026

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