Schools - truancy

Attendance and Truancy

The Local Authority (LA) employs the Education Welfare Service to monitor, investigate and carry out its statutory duty in respect of school attendance.
Information for Parents
The Offence of Failing to Ensure Regular School Attendance Education Act 1996 Sect. 444
If a child of compulsory school age who is registered at a school fails to attend regularly at the school then the parent is guilty of an offence under section 444(1) of the Education Act 1996. Prosecution can result in parents receiving a fine up to £1,000 in respect of each child.
Under section 444(1A), when a parent knowing their child is failing to attend at their registered school and fails to act to cause him/her to attend, a higher penalty of £2,500 and a custodial sentence can result.
Education Supervision Order (ESO)
Education Act 1996 Sect.447 and the Children Act 1989 Sect.36
The LEA must consider applying for an ESO before a prosecution. This can be instead of or as well as prosecuting parents. This would be heard in the Family Proceedings Court. Courts can also direct LEA’s to apply for an ESO. An ESO makes the LEA responsible for advising, supporting and giving directions to the child and his/her parents to ensure the child is properly educated under the supervision of the LEA.
Why an ESO?
The LA is required to consider use of an ESO instead of/as well as a Section 444 prosecution.
• To ensure the child’s educational progress and development
• Where there is doubt that parents can safeguard the education of their child and their own efforts are likely to be ineffective without an ESO
Failure to comply
Failure to comply with the Order is an offence, which may result in the parent being taken back to court.
Parenting Orders
Crime and Disorder Act Sect. 8(4)
Courts may impose a Parenting Order in addition to any other penalty in cases involving children of compulsory school age.
Failure to comply
Failure to comply with the requirements of an Order is a criminal offence and may result in parents being summoned to appear in court.
This may result in a fine up to £1,000
Penalty Notices – Anti Social Behaviour Act 2003
The Anti-Social Behavour Act 2003, is an additional sanction to address the problem of school attendance. This sanction allows schools to apply to the Education Welfare Service for a Penalty Notice to be issued.
Penalty Notices will be used as a deterrent to prevent a pattern of unathorised absence developing. All Penalty Notices will be issued in accordance with the LA code of practice.
The result of Penalty Notices being issued is £50 within 28 days and £100 within 42 days. Unpaid Penalty Notices will be prosecuted in the local Magistrates Court under the original offence under the Education Act 1996.

Eligibility
None.

Required Customer Information
None.

Service Level Agreement and Turnaround
None.

More information about this service

Contact Us

Address:
Civic Centre
Silver Street
Enfield
EN1 3XQ
Map

Telephone:
020 8379 3745

Fax:
020 8379 3337

Opening Hours:
Monday – Thursday
08:30 – 5:15
Friday
08:30 – 4:45

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