Child attendance

Parents/carers are legally required to ensure that their child of compulsory school age is accessing education suitable to their age and ability, most choose to do this by registering their children at school. Once registered at a school, under section 444 of the Education Act 1996, children must attend school regularly, failure to do so could result in a prosecution in the Magistrates Court where the maximum sentence is £2,500 fine or 3-month imprisonment. Bromley expects children to attend school every day and strives for all children to have attendance over 96 per cent to ensure the best outcomes.

Should your child not be attending school on a regular basis or have access to an education suitable to age and ability, despite attempts from school or the Education Welfare Service (EWS) to work with you to raise the attendance, you may be faced with one of the following legal sanctions:

Prosecution in the Magistrates Court, under the Education 196 Section 444(1) or 444(1A) for non-attendance following a legal investigation meeting or Section 443 for failing to comply with a School Attendance Order

Penalty Notices can be issued for an unauthorised leave of absence or ongoing unauthorised absence, fines are issued per parent per child.

Legal Investigations

When the attendance becomes a concern, schools and families should work together to try and identify and remove barriers that are impacting the attendance of the child. Should there be no improvement in attendance a referral may be made to Bromley Education Welfare Service for legal investigations.

As a parent you will:

• receive an invite to an attendance contract meeting at the school with a member of the school staff chaired by a member of the Education Welfare Service Team.
• If attendance does not improve after that meeting, you will receive an invite to a formal interview under caution meeting at Bromley Civic Centre, with a member of the school staff and chaired by a Senior member of staff within Education Welfare Service Team.
• With the invite letter to the interview under caution, you will be provided with a report written by the school detailing the early intervention work attempted in relation to attendance.
• At the interview under caution, you will be cautioned and conducted in accordance with the procedures set out in the Police and Criminal Evidence Act 1984. A decision will be made as to whether an offence has been committed and you are liable to legal proceedings under Section 444(1) or 444 (1a) of the Education Act 1996.

If you are a school looking to make a referral, please check you have read our ‘referral guidance’

Make a referral for a legal investigation if you are a school.

Prosecution

Following a legal investigation meeting; it may appear to the local authority that you are failing in your parental duties in ensuring that your child attends school on a regular basis, you will be notified of this decision either in the meeting or by letter. There are two offences under section 444 of the Education Act 1996, if the matter is to be heard under section 444 (1) the matter is likely to be heard through the Single Justice Procedure (SJP). If the Local Authority seeks a prosecution under section 444 (1A) of the Education Act 1996, then you will be summoned to attend the Magistrates Court. Information regarding the process is included in the paperwork sent to you. Should you be found guilty of failing to ensure your child’s regular attendnace at school, the maximum fine is £2,500 or 3-month imprisonment.

Education Supervision Orders (ESO)

At the pre-court meeting, the officer may decide an Education Supervision Order is appropriate, under Section 36 Children’s Act. A named officer will lead the ESO (Education Supervision Orders) it may not be a member of the EWS, the officer will work closely with the family, to support, advise and challenge where appropriate to assist in ensuring the child is able to engage and access education on a regular basis. The order is issued in the family court, should parents fail to engage with the order, prosecution in the Magistrates Court may occur.

School Attendance Order (SAO)

If Bromley becomes aware of a young person who is of compulsory school age who is not in receipt of a suitable education, and despite the efforts of the Children Missing Education Officer, the local authority is not satisfied the young person is in receipt of a suitable, we may consider issuing a School Attendance Order (SAO). The order will name a school or provision that the local authority deems suitable, the order will require the parents named to send the child to the school named. Failing to comply with the SAO can lead to prosecution in the Magistrates Court, under section 443 of the Education Act 1996. If the Court find that the education provided is not suitable, parents can face a fine of up to £1000. If the parent(s) are acquitted, the Court can direct that the School Attendance Order be discharged and no longer in force.