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The Law and Your Child

By law, all children of compulsory school age must receive appropriate education. Compulsory school age means between ages of 5 and 16 years. They must either be registered at school, or have alternative arrangements agreed by the Local Education Authority (LEA).If you refuse to register your child at a suitable school, without good reason, you may receive an Attendance Order – a legal document requiring the child to register at a school. If your child is registered at a school, you must make sure the child attends that school regularly.If you do not, the LEA may take legal proceedings against you.

The Education Welfare Service

The Education Welfare Service (EWS) has a legal responsibility to monitor school attendance on behalf of the LEA. When there is concern about a child’s attendance, the school will refer this to the Education Welfare Service. Education Welfare Officers (EWOs) will contact the parents and the child to discus the absences and give help with any difficulties which affect the child’s attendance.You may contact the Education Welfare service yourself, for advice and support if you are concerned about your child’s attendance.

Prosecution of Parents

The EWS will only prosecute parents as a last resort and after discussion with the school and other relevant persons. Evidence for prosecution will be supplied by the school in the form of an attendance certificate, which is a record of attendance taken from the official register. The Education Welfare Officer will provide a written statement of evidence.Cases submitted for prosecution will be by our legal services. You will receive a summons stating the time, date and place of the hearing. You will also receive a copy of the documents.

Defence against Prosecution

If you are prosecuted, you have a right to challenge prosecution grounds for the following reasons:

  • The headteacher authorised your child’s absence (the headteacher does not need to authorise a note sent by the parents)
  • Your child was absent due to sickness or unavoidable cause (sickness may be authorised by a medical certificate)
  • Your child was absent in connection with religious observance
  • The school is beyond the statutory limits for walking and no transport is available (the limits are 2 miles for children under 8 years and 3 miles for children aged 8 and over).

    • If you wish to challenge the reasons for non-attendance recorded in the register, you must demonstrate that one or more of these grounds applies.

    The Proceedings

    Prior to prosecution, you will be invited to attend a meeting known as the Attendance Panel. This is usually held at WalsallTown Hall. If your child’s attendance improves significantly following this meeting, then the decision to prosecute may be deferred. However, if your case is referred for legal action it will be handled by our legal services team. You will receive a summons stating the time, date and place of the hearing. You will also receive a copy of the documents that will be the evidence for the prosecution case. It may be in your interest to obtain legal advice. Legal aid is not usually granted by the courts. At court you will be given the opportunity to plead guilty or not guilty. If you enter a not guilty plea, the case will be adjourned to another date. You will then be given the opportunity to bring witnesses or provide further evidence via a summary trial.

    Sentencing

    Once convicted, the magistrates have the power to impose a fine of up to £2500 for each parent. They may also award costs against you. Magistrates can impose a three-month custodial sentence.