School Attendance and the Law
The Education Act 1996 states that parents must ensure their children receive appropriate full-time education according to their age, ability and aptitude. This usually means ensuring a child registered at school attends regularly and punctually.
Any person who has the care of a child or who has parental responsibility is responsible for ensuring good attendance. Failure to do so can result in a Fixed Penalty Notice being issued or prosecution.
"If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence". under s.444(1) Education Act 1996.
Parents who refuse to register a child at a suitable school without good reason may receive a school Attendance order from the Local Education Authority. Failure to comply with the order can result in prosecution.
Under S23(1) Crime and Disorder Act2003 Fixed Penalty Notices will be issued to parents for a first offence or for unauthorised holiday. Failure to pay the penalty in full in the required time will result in a prosecution being taken.
Prosecution of Parents
Prosecution is a serious step which an Education Welfare Officer only undertakes after discussion with the school, their Senior Officer and any other relevant person.
Evidence for prosecution is supplied by the school in the form of an attendance certificate signed by the headteacher. This must be accepted by the Magistrates as a true record of attendance.
The Education Welfare Officer will prepare the case for prosecution. This will include evidence of contact with Parents/Carers, kept on individual case files. Parents/Carers will have been offered support by the EWO and the opportunity to individual case files. Parents/Carers will have been offered support by the EWO and the opportunity to work with them to improve their child's attendance.
Defence against prosecution
Case review and formal caution meetings will have been held to give Parents/Carers the opportunity to explain the child's absences. Parents/Carers have the right to be legally represented at these meetings.
Parents/Carers have the right to challenge the certificate of attendance or grounds for prosecution for the following reasons:-
- The headteacher authorised the absence.
- Sickness or unavoidable cause - sickness should be covered by medical evidence,
- The nearest appropriate School with available places is beyond the statutory limits for walking and no transport is provided. The limits are 2 miles for children under 8 and 3 miles for children aged 8 and over.
Parents must demonstrate that one or more of these grounds apply if they wish to challenge the reasons for non-attendance recorded on the register.
Different defences apply to the children of traveller families and these are covered by S.444(6) of the Education Act 1996.
The Proceedings
If you are requested to attend at court you will be sent a summons stating the time, date and place of the Hearing. You should receive copies of the prosecution evidence including statements made by the Education Welfare Officer. You will also be asked at court if you intend to plead guilty or not guilty. You are encouraged to seek legal advice prior to the Hearing.
On the day of the Hearing you should arrive on time and report to the Courts's reception. If you have any difficulties attending or any other quest time and report to the Courts's reception. If you have any difficulties attending or any other questions regarding the proceedings contact the Education Welfare Officer. An interpreter will be provided by the court if requested in advance.
Sentencing
If you have pleaded or been found guilty, the Magistrates have the power to impose a fine of up to £1,000 for an offence under S.444(1) Education Act 1996. Costs may also be awarded against you. Fines and costs are collected at a rate linked to your income.
If it is proved that you knew your child was not attending school regularly and that you failed without reasonable justification to ensure regular attendance, you may be found guilty of an offence under S.444(1A). In this case a fine of up to £2,500 may be imposed and/or a term of imprisonment not exceeding 3 months.
Magistrates sometimes issue a Conditional Discharge which means that your child's attendance will be monitored by the Court for a period of up to 2 years. If you fail to ensure your child's attendance during the period of a Conditional Discharge, a further case can be taken against you and you could be fined for the original and current offence.
The Magistrates may also impose a Parenting Order.
Parenting Orders
The Crime and Disorder Act 1998, Section 8, has provided courts with a further option when considering non-school attendance cases. Magistrates are now able to impose a Parenting Order as well as other disposals. A parenting order would require the parent to attend counselling/guidance sessions for up to 3 months and may also require a parent to comply with a specific requirement for up to 12 months, such as escorting a child to school each day. Breach of the order can result in further prosecution.
Education Supervision Order (ESOs)
The Magistrates can request the Education Welfare Service to consider applying for ESO.
ESO's allow the Education Welfare Officer to give directions to parents and children in order to secure proper education. If the Education Welfare Service wishes to apply for an ESO this would be separate from a prosecution and the hearing would be in the Family Proceedings Court.
Parents and children must be consulted before an Order is applied for and the Court must agree that an ESO is in the best interest of the child.
If granted in court, an ESO will be made for one year. Extensions can be requested which may be for up to three years at a time and these extensions are possible until the child leaves school.
ESOs encourage parents and children to work in partnership with the Education Welfare Officer but if parents do not comply with directions, they can be taken back to Court and fined. The case will be referred to Social Services to make investigations and consider further proceedings, where a child is not complying with the order.
Access to Files
In line with the Access to personal Files Act 1998, you have the right to see written information which the Education Welfare Service records about you. should you wish to excuse the right, please contact the department at the address below.
Leicester City Education Welfare Service
"working in partnership with parents, young people and schools to maximise every childs educational opportunities".
The Education Welfare Service
Collegiate House
College Street
Leicester
LE2 0JX
Telephone: 0116 221 1260
Fax: 0116 221 1261
