Education attendance: prosecution
We aim to work with families to avoid legal action wherever possible.
Here's a clear explanation of the prosecution process and outcomes under Section 444 and 444(1A) of the Education Act 1996, which apply when a child fails to attend school regularly:
Section 444(1) - Basic Offence
This section applies when a parent fails to ensure their child attends school regularly, but there is no evidence of intent or knowledge.
Outcome if found guilty:
- fine of up to £1,000 per parent, per child (see
our Guide to Non-Attendance Prosecutions and Court for parents [124KB] ) - no criminal record
- usually dealt with through the Single Justice Procedure (paper-based hearing without the need to attend court)
Section 444(1A) - Aggravated Offence
This is a more serious offence. It applies when a parent knowingly allows their child to miss school without a valid reason.
Outcome if found guilty:
- fine of up to £2,500, or
- up to 3 months in prison, or
- a Community Order (for example, unpaid work or supervision) and
- a criminal record, which may appear on a DBS check
The prosecution process
- Support First: before prosecution, schools and local authorities must offer support (for example: attendance meetings, parenting contracts, early help)
- Notice to Improve: parents are usually issued a formal warning and given time to improve attendance
- Interview Under Caution: if attendance doesn't improve, parents may be invited to a formal interview under the Police and Criminal Evidence Act (PACE)
- Court Summons: if prosecution proceeds, parents receive a summons to attend Magistrates' Court
- Evidence Presented: this includes attendance records, support offered, and a statement from the school or local authority
- Court Decision: the court decides whether the parent is guilty under Section 444(1) or 444(1A) and issues the appropriate penalty
References
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