Section 58 Child’s Right Act
Section 58 Child’s Right Act 2003 is about Education supervision orders. It is under Part VI (Care and Supervision) of the Act.
(1) On the application of an appropriate education authority, the court may make an order to be known as an education supervision order putting the child with respect to whom the application is made under the supervision of a designate appropriate education authority.
(2) The Court shall only make in education supervision order if it is satisfied that the child concerned is of compulsory school age and is not being properly educated.
(3) For the purposes of this section, a child is being properly educated only if he is receiving efficient full‐time education suitable to his age, ability and aptitude and any special educational needs he may have.
(4) Where a child is‐
(a) the subject of a school attendance order which is in force and which has not been complied with; or
(b) a registered pupil at a school which he is not attending regularly, it shall be assumed that he is not being properly educated unless the contrary is proved,
(5) An education supervision order may be made with respect to a child who is in the care of a State Government if the court deems it necessary in the interest of the child.
(6) The appropriate education authority designated in an education supervising order shall be‐
(a) the authority within whose area the child concerned is living or will live; or
(b) the authority within whose area a school is situated if‐
(i) the child is a registered pupil at that school; and
(ii) the authority mentioned in paragraph (a) of this subsection and the authority within whose area the school is situated agree.
(7) An appropriate education authority which proposes to make an application for an education supervision order shall, before making the application, consult the child services committee or unit of the appropriate authority.
(8) The supplementary provisions set out in Part III of the Second Schedule to this Act shall apply with respect to education supervision orders.
