Legal Proceedings

What are legal proceedings?

• Legal proceedings are a statutory measure employed by the Local Authority and may be used against the parents of registered pupils who fail to attend regularly at school. Legal proceedings would be taken under Section 444 of the Education Act 1996.        

Who can be prosecuted?

• Adults who hold parental responsibility or have care of a child, and fail to carry out their legal responsibility to ensure provision of suitable education for their child.        

Can I be prosecuted if my child is regularly late for school?

• Yes, as a parent you not only have a duty to ensure your child attends school regularly but also that they attend punctually.        

What would be an acceptable defence?

If you can prove that your child was: 

• absent with leave (this means leave granted by any person authorised to do so by the governing body of the school i.e. the Headteacher).
• prevented from attending by reason of sickness or any unavoidable cause.
• absent on any day exclusively set apart for religious observance by the religious body to which the parents belong.
• absent because the school at which your child is a registered pupil is not within walking distance of the child’s home, and no suitable arrangements have been made by the Local Authority.  Note: walking distance is defined as:
• for under 8 years - 2 miles
• for 8 years and above - 3 miles       

There are other defences which relate specifically to the parents of pupils registered at boarding schools, and of parents who are engaged in a trade or business which requires them to travel from place to place.

What is the process, and how long is it likely to take?

Enforcement of school attendance is the primary concern of the Education Welfare Service. Legal proceedings would only be considered following: 

• an initial assessment of the family's individual circumstances.
• an opportunity for the parent(s) to improve their child's level of school attendance.       

Where improvement in attendance is not forthcoming parents would receive notification that sufficient grounds exist for legal proceedings to be initiated.

The Director of Children's Services will then instruct Cumbria Legal Services to act upon the matter..

What would the consequences be if I was found guilty of this offence? 

• From the 1st of March 2001, you could be charged with a level 3 or level 4 offence.
• You will be expected to appear in court.
• Each parent can be fined up to £2500
• You can be made subject to a 'parenting order' which means you would have to comply with the direction of the court and the responsible officer.
• A level 4 offence can be an imprisonment offence.