Non-attendance at school

Prosecution for non-attendance

Where a child does not attend school regularly, their parents/carers may be liable for prosecution for an offence under section 444(1) of the Education Act 1996.

Upon conviction, parents/carers can be fined up to £1,000.

Prosecution for non-attendance that parents/carers were aware of

If there's proof that the parents/carers knew that their child was not attending school, then they may be liable for prosecution for an offence under section 444(1A) of the Education Act 1996.

Upon conviction, parents/carers can receive up to 3 months imprisonment and/or a £2,500 fine.

Circumstances where parents/carers will not be prosecuted

Parents/carers of non-attending children can avoid prosecution in circumstances where a statutory defence applies.

Further information

All prosecutions take place in the Magistrates’ court.

Legal Aid to cover a solicitor’s costs is generally only available to parents charged with a more serious offence under section 444(1A) of the Education Act 1996.