What legal action can be taken to enforce school attendance?

Attendance is crucial to learning and development and sometimes it seems that nothing is working – but there are legal remedies available to schools when all else has failed

CREDIT: This is an edited version of an article that originally appeared on gov.uk

Children should receive a full-time education that meets their needs – for example, if they have special educational needs. Children need to attends school to ensure they receive this and, if all else fails, you can take the following legal action.

Legal action to enforce school attendance

Local councils and schools can use various legal powers if your child is missing school without a good reason. They can give you:

• a Parenting Order;
• an Education Supervision Order;
• a School Attendance Order;
• a fine (sometimes known as a ‘penalty notice’).

Parenting Order

This means the child’s carer’s will have to attend parenting classes. They will also have to do what the court says to improve their child’s school attendance.

Education Supervision Order

If the council thinks a family needs support in getting a child to go to school, but they’re not co-operating, they can apply to a court for an Education Supervision Order. A supervisor will be appointed to help get the child into education. The local council can do this instead of prosecuting the parent, or as well.

School Attendance Order

A parent or carer will receive a School Attendance Order if the local council thinks a child is not getting an education. They have 15 days to provide evidence that they’ve registered the child with the school listed in the order or that they’re giving them home education. If they do not, they could be prosecuted or given a fine.

Fine

The local council can give each parent a fine of £60, which rises to £120 each if they do not pay within 21 days. If they do not pay the fine after 28 days they may be prosecuted for their child’s absence from school.

Check the local council’s rules on when a parent can be fined.

Prosecution

Parents could get a fine of up to £2,500, a community order or a jail sentence of up to three months. The court may also issue a Parenting Order.