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Section seven of the Education Act 1996 states that
parents must ensure their children receive appropriate education
according to their age, ability and aptitude. This usually means
ensuring a child registered at school attends regularly.
Any person who has care of the child or who has parental
responsibility is responsible for ensuring good
attendance.
Parents who refuse to register a child at a suitable school
without good reason may receive a School Attendance
Order from the LA. Failure to comply with the Order can
result in prosecution (level three fine).
Section 444 (1) of the Education Act 1996 states:
"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.".
You can find out more about the Education Act from the DfES
website.
DCSF
Website This link opens in a new window.
Parents convicted of this offence may be liable to a fine not
exceeding level three (£1000). Section 72 of the Criminal Justice
and Courts Act 2000 inserted Section 444(1)A into the 1996 Act and
came into force on 01 July 2001. It is known as the aggravated
offence" and a person found guilty is liable to a fine not
exceeding level 4 £2,500) and/or to imprisonment for a term not
exceeding three months.
The Anti-Social Behaviour Act 2003 increased powers to local
authorities including the Penalty Notice Scheme for unauthorised
absence.
Compulsory School Age
A definition of compulsory school age is below:
From: 01 September, 01 January, 01 April
following the child's fifth birthday
To: The last Friday in June in the school year in
which the child is sixteen (01 September until the school next
meets in the following September)
Prosecution
Prosecution is a serious step which the Attendance and Behaviour
Service only takes after discussion with the school and a senior
officer of the service.
Parents will have been given every opportunity to contact the
Education Welfare Officer (EWO) to assist them in improving
their child's attendance.
For further information on school attendance and the law please
contact your local Districts Court Co-ordinators.
Guide for Parents
You can download a copy of the School Attendance - Use of Court
Process by activating the following link.
School attendance - use of Court
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