Legal Interventions

School attendance offences: Section 444, Education Act 1996 (opens new window)

If a registered pupil of compulsory school age fails to attend school regularly, the parent could be guilty of an offence under section 444 Education Act 1996. In April 2017, the Supreme Court held that attending school "regularly" means attendance in accordance with the rules prescribed by the school and not "sufficiently frequent attendance ". This means that a child must attend school on every day that the school requires him or her to do so and failure to do this may lead to the commission of an offence.

There are 2 offences:

1. Section 444 (1): If the child is absent without authorisation, then the parent is guilty of an offence. This is a strict liability offence i.e., all that needs to be shown is a lack of regular attendance. Sanctions can include a fine of up to £1,000
2. Section 444 (1A): an aggravated offence. If the child is absent without authorisation and the parent knew about the child's absence and failed to act, then the parent is guilty of an offence. Sanctions can include a fine of up to £2,500 and a prison sentence of up to 3 months.

School attendance offences are criminal offences, and the Local Authority must prove the case using the 'beyond reasonable doubt' threshold based on the evidence provided by the school.