Teachernet, Prosecutions

Prosecutions

All children have a right to an education. It is important that parents support schools by ensuring that their children attend school regularly and behave well while there if they are to learn and achieve. The majority of parents are willing and able to help their children but some may need support. Help such as parenting programmes and classes are available to parents who are struggling to get their children to school. Parents will not reach prosecution unless they have been given help.

Parenting orders, prosecution and penalty notices are sanctions intended for the minority of parents who are simply unwilling to engage voluntarily with schools and LAs to address their children's behaviour problems. The orders can require them to attend parenting classes or counselling to improve their parenting skills in order to help address their child's poor behaviour. Penalty notices ensure parents know where their excluded children are so that they do not get into trouble on the streets.

If there is a prosecution, it will follow the usual procedures of a prosecution for irregular attendance (including considering an education supervision order as an alternative, or in addition, to prosecution). Prosecutions will be brought by the LA under section 444 of the Education Act 1996.

There are two offences relating to parental responsibility for ensuring regular school attendance:

One is a matter of simple fact — if the child is absent without authorisation then the parent is guilty of an offence (a 'strict liability' offence). Disposals can include a fine of up to £1000.
The other — an aggravated offence — requires proof that the parent knew about the child's absence and failed to act. Disposals can include a fine of up to £2500 and/or a custodial sentence of up to 3 months.

Other possible sentences (for both offences) include parenting orders (where parents attend a parenting programme), fines and community orders.

Guidance and resources

Ensuring children's right to education: Guidance on the legal measures available to secure regular school attendance
This guidance replaces the 2003 edition, Ensuring regular school attendance. It provides information on the measures available under the law for ensuring regular school attendance in England.
Guidance on education supervision orders
Section 36 of the Children Act 1989 empowers LAs to apply to the courts for an education supervision order in respect of a child of compulsory school age who is not being properly educated.
Advice and guidance to schools and LAs on managing behaviour and attendance: Making reports to the courts
Crown Prosecution Service: CPS instructions for prosecuting advocates
Police and Criminal Evidence Act 1984 (c 60)
Police and criminal evidence (PACE) guidance
Guidance to LAs on the use of the Police and Criminal Evidence Act 1984 (PACE) in prosecution for irregular school attendance.
Sample PACE form
An example of a formal caution interview form from Leicester Education Welfare Service.
Working effectively with magistrates: Penalty notices — effective practice
A letter from deputy clerk to the justices, Nottinghamshire Magistrates' Courts Service, to Nottingham LEA (2005). The letter confirms the advice given to magistrates handling cases where defendants, who have failed to pay a penalty notice (applicable to parents of truants), are prosecuted under S444 of the Education Act 1996, and declare that they have not received the penalty notice.
Evaluation of fast track to attendance framework
This evaluation report, conducted for the DfES by the National Foundation for Educational Research (NFER), documents the experiences of 12 LAs as they implemented the fast track to attendance framework.