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.