ESOs are made under section 36 of the Children Act 1989, in the family court rather than the magistrates' court. The attendance guidance describes them as a useful alternative where an early help plan or attendance contract hasn't worked, giving formal legal intervention without a criminal prosecution (paragraph 155). Local authorities must fully consider an ESO before moving to prosecution.
While the order is in force, the parent's duties to secure their child's education and regular attendance are replaced by a duty to follow the supervisor's directions (paragraph 156). The order lasts a year at first and can be extended for up to 3 years at a time (paragraph 157). Directions might include attending support meetings, a parenting programme or an educational psychology assessment, with reviews involving the school every 3 months (paragraph 160).
The supervisor is the lead practitioner already working with the family, who may be their social worker, not necessarily an attendance officer. Schools are expected to work with the local authority and can provide support and supervision (paragraph 159).
Where safeguarding concerns exist, the lead practitioner should discuss with the DSL and children's social care whether an ESO is better than a child in need or child protection plan (paragraph 155). Persistent failure to follow directions is an offence, with a fine of up to £1,000, and should also be raised with children's social care (paragraphs 161 and 162).