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Parents

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The law

By law, all children of compulsory school age (between 5 and 16 years) must have a full-time education. Parents / carers are responsible for making sure this happens. If your child does not go to the school at which he or she is registered, it is a criminal offence and the Council can take legal action against you.

When schools mark the register they must distinguish between authorised and unauthorised absences. Parents need to advise schools of the reason for their child's absence by sending a note and phoning, but only the school can authorise the absence if they accept your explanation.

If your child does not attend school regularly possible legal consequences include:

  • Parenting Contract: This is a voluntary agreement between you and the local education authority or the school’s governing body. It means you are given help and support to make sure your child attends school.

Legal Proceedings

  • Parenting Order : This can be a court or voluntary agreement and may mean you have to attend a parenting class and comply with orders about your child’s attendance or behaviour. This support is designed to help you tackle your child’s behaviour and to gain the skills and confidence to make a real difference.
  • Education Supervision Order : This is a court order, which means the Education Welfare Supervising Officer can tell your child what to do to make sure they are properly educated.
  • Penalty Notice: You may be issued with a penalty notice of £50 (rising to £100 if unpaid afer 28 days) for ongoing unauthorised absence. If you don’t pay, you could be prosecuted.
  • Further Legal Proceedings : If your child has unauthorised absence then the council can take the case before the courts. If you have failed to co-operate with arrangements to support your child and improve their attendance your case will be seen as more serious and you could be at risk of a fine up to £2,500 and/or 3 months imprisonment.

You can find more information about school attendance and the law in the useful links page in the main parents section.

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