What the Law Says

Parents/carers have a legal responsibility for ensuring that children of compulsory school age receive a full-time education "suitable to their age, ability, aptitude and any special education needs that they may have either by regular attendance at school or otherwise" - Section 7 Education Act 1996.

Parents/carers whose children are on a school register and fail to ensure the regular school attendance of their children, may be guilty of an offence under Section 444 or 444(1A) of the Education Act 1996. The council may issue a Penalty Notice or take other statutory action through the courts to secure regular school attendance.

Legal Interventions

Penalty Notice

A penalty notice is used as an early intervention and is an alternative to prosecution under Section 444 of the Education Act for irregular school attendance which is not authorised by the school.

The school may request a penalty notice and one will be issued by the council if the request meets the criteria in the Code of Conduct. There is no right of appeal against the issuing of a penalty notice.

Important changes to Education-related Penalty Notices - September 2024 onwards

The Government, School and the Local Authorities Pupil Welfare Service are working together to improve attendance. Parents and Carers must also work together with schools to promote high attendance.

The Department for Education has recently announced national changes to penalty notices issued for unauthorised absence in term time. Theses changes came into effect on 19th August 2024.

The changes to be aware of are:

• Penalty notices issued for offences that take place after 19 August 2024 will be charged at a new rate of £160 per parent per child. This can be paid at £80 if paid within 21 days.
• Any second penalty notice issued to the same parent for the same child within a rolling 3 year period will be issued at the rate of £160 to be paid within 28days with no option for a discounted rate.
• The threshold at which a penalty must be considered is set at 10 sessions (equivalent to 5 days) of unauthorised absence.
• A maximum of 2 penalty notices may be issued for the same child within a rolling 3 year period, so the 3rd (or subsequent) offence (s) another course of action with need to be considered (such as prosecution).

Prosecution

Schools or the Local Authority may prosecute a parent/carer without the use of a penalty notice fine first and this could result in a more serious penalty.

The offence under Section 444(1) of the Education Act 1996 carries a maximum fine of £1,000 and the council will also seek to recover costs. The more serious offence under Section 444 (1A) has a range of sentencing options for the court to impose on each responsible parent/carer, including:

• a fine of up to £2,500;
• a community based sentence;
• three months imprisonment;
• subject to a Parenting Order - this can be additional to other sentences;
• costs may be awarded to the council.

Elective Home Education

If you would like further information please click on the following link Elective Home Education