School non-attendance (Revised 2017)

Education Act 1996, s.444(1) (parent fails to secure regular attendance at school of registered pupil); s.444(1A) (Parent knowingly fails to secure regular attendance at school of registered pupil)
Effective from: 24 April 2017

Triable only summarily:
Maximum:

Level 3 fine (s.444(1) parent fails to secure regular attendance at school);

Level 4 fine and/or 3 months (s.444(1A) parent knowingly fails to secure regular attendance at school)

Offence range:

Conditional discharge – Band C fine (s.444(1))                                                           

Band A fine – High level community order (s.444(1A))

User guide for this offence


Step 1 – Determining the offence seriousness

The Court should determine the offence category using the table below.

 

Category 1             

Higher culpability and greater harm

Category 2 Higher culpability and lesser harm or lower culpability and greater harm

Category3

Lower culpability and lesser harm

The court should determine the offender’s culpability and the harm caused with reference only to the factors below. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category.

CULPABILITY demonstrated by one or more of the following:

Factors indicating higher culpability

  • Refusal/failure to engage with guidance and support offered
  • Threats to teachers and/or officials
  • Parent encouraging non attendance

Factors indicating lower culpability

  • Genuine efforts to ensure attendance
  • Parent concerned by child’s allegations of bullying
  • Parent put in fear of violence and/or threats from the child

 HARM demonstrated by one or more of the following:

Factors indicating greater harm

  • Significant and lengthy period of education missed
  • Adverse influence on other children of the family

Factors indicating lesser harm

  • All other cases