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 making sure a child registered at school attends regularly and on time.
Anyone who has the care of a child, or who has parental responsibility, is responsible for making sure the child has good attendance. Failing to do so can result in a penalty notice being issued, or prosecution.
The legislation says: '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' (s.444(1) of the Education Act 1996).
If you refuse to register your child at a suitable school without a good reason, we may send you a School Attendance Order. If you do not comply with the Order, we may prosecute you.
Prosecution
Prosecution is a serious step. We only use prosecution after talking to your child's school and any other relevant people.
Your child's school will supply the evidence for prosecution, which will be an attendance certificate signed by the headteacher. The Magistrate must accept this as a true record of attendance.
The Education Welfare Officer (EWO) attached to the school will also provide evidence, including evidence of contact with parents or carers. The EWO will have offered support to parents / carers, and the opportunity to work with them to improve their child's attendance. Attendance case conference / review meetings will have been held to give parents / carers the opportunity to explain their child's absences.