Offences in respect of attendance

• Failure to ensure regular attendance at school by parent (Section 444 Education Act 1996)
  Offence committed by parents where child is on roll at school.
  
  

• Failure to register a child at a school (Section 437 Education Act 1996)
  Offence committed by parents where child has not been registered at a school.

Factors which may lead to legal action

• Where parents avoid any contact with the Education Welfare Service and do not respond to letters or invitations to meetings.
  
  

• Where parents decline to work in partnership or to co-operate with suggested intervention for their child.
  
  

• Where parents are openly hostile and/or verbally aggressive towards EWS staff and it proves impossible to engage in any positive action or intervention in the interest of the child.

Section 444(1), Education Act 1996

Parents and carers can be fined for failing to ensure their children attend regularly at a school where they are a registered pupil.  On 1 March 2001 a new level of offence was introduced.  Parents/carers can now be prosecuted, at Level 4, on the National Scale, if the Local Authority can prove that a young person has been persistently absent from school, without good cause, and that the parent/carer knew about the absence, and did not take reasonable steps to ensure the young person returned to regular attendance.

Section 444(1A), Education Act 1996

Level 4 offences are not absolute and the possible penalties are a fine of up to £2,500 and/or a custodial sentence of up to three months.  Community Service Orders can also be imposed.  As a custodial sentence may be imposed, defendants are required to attend court.  If they fail to do so a warrant may be issued.

Level 3 offences remain unchanged being absolute and carrying a maximum fine of £1,000.