Legal Update: Legal Q&A - School attendance

Will I get in trouble if my child won’t go to school?

Under Section 7 of the Education Act 1996, there is a duty on parents to ensure that their child (if of compulsory school age: once they reach the age of five) receives a suitable education, either by regular attendance at school or otherwise. Children will be of compulsory school age until the last Friday of June during the year they become 16.

Once a child has been placed on the school roll they become a registered pupil and under the Registration Regulations 2006, the school must place the child’s name on the admissions register on the first day the school expects them to attend. Unless lawful arrangements have been made for the child to attend elsewhere, or their absence has been authorised, the child must attend full-time. Authorised absences include illness, exclusion and education off-site.

If a parent does not send their child of compulsory school age to school without other lawful arrangements, under Section 444(1) of the Education Act 1996, the parent will be found guilty of an offence. If a parent is prosecuted under this offence, the onus is on them to prove their defence. Possible examples of defences are if the head teacher has authorised the absence; absence due to sickness; absence due to religious observance; the child was not registered at the school; and the parents are providing suitable alternative education.