London Borough of Enfield

School Truancy

School Truancy

Our Education Welfare Service monitors, investigates and carries 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 is registered at a school and fails to attend school regularly, 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 for each child.

Under section 444(1A), when a parent knows their child is not attending their registered school and fails to act to cause the child 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

We 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 us to apply for an ESO. An ESO makes us responsible for advising, supporting and giving directions to the child and their parents to ensure the child is properly educated under our supervision.

Why an ESO?

We are required to consider use of an ESO instead of, or as well as, a Section 444 prosecution:

  • To ensure the child's educational progress and development
  • When 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.

  1. 1. School Truancy
  2. 2. Crime and disorder Act Section 8(4)

Education Welfare Service

Address: Civic Centre
Silver Street
Enfield
Middlesex
EN1 3XA

Tel: 020 8379 3745

Fax: 020 8379 3337

Opening hours: Monday – Friday, 8.45am - 5pm

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