If a registered pupil of compulsory school age fails to regularly attend school, the parent could be guilty of an offence under Section 444 Education Act 1996. The definition of ‘regular attendance’ means a child must attend school on every day that the school requires him or her to do so, failure to do so may lead to an offence being committed. There are two offences:
Section 444(1) Education Act 1996 – if the child is absent without authorisation then the parent is guilty of an offence. This is a strict liability offence, the evidence is a lack of regular attendance. Sanctions can include a fine up to £1,000.
Section 444(1A) Education Act 1996 – this is an aggravated offence. If the child is absent without authorisation and the parent knew about the child’s absence and failed to act, then the parent is guilty of an offence. Sanctions can include a fine up to £2,500 and a prison sentence up to 3 months, and other possible directions e.g. Community Service and / or a Parenting Order.