Attendance Prosecution and the Law
Under Section 444 of the Education Act 1996, parents have a legal responsibility to ensure that children of compulsory school age attend school regularly. Where a child fails to attend regularly and support and intervention have not secured sufficient improvement, the Local Authority may consider prosecution.
Prosecution is a serious legal intervention and forms part of Sutton’s Attendance Graduated Response. It should be considered only where appropriate support has been offered and all reasonable steps have been taken to improve attendance.
Before Requesting Prosecution
Before making a referral for prosecution, schools should ensure that:
- Attendance concerns have been identified and addressed at the earliest opportunity.
- Appropriate support and intervention have been offered in line with Sutton’s Attendance Graduated Response.
- Parents have been informed of their legal responsibility to ensure regular school attendance.
- Meetings and discussions have taken place to explore and address barriers to attendance.
- Attendance has remained unsatisfactory despite support and intervention.
- Attendance records, communications and interventions have been accurately documented.
- There is sufficient evidence of unauthorised absence to support legal proceedings.
Prosecution should not replace early help and support and should only be considered when voluntary engagement has not resulted in sustained improvement.
Evidence Required
Schools requesting prosecution will be required to provide evidence demonstrating both the attendance concerns and the support offered to the family.
This may include:
- Attendance registers and attendance reports.
- Records of first-day response and follow-up actions.
- Copies of letters, emails and other communications with parents.
- Records of attendance meetings and action plans.
- Attendance contracts and other intervention documentation.
- Evidence of support offered to address barriers to attendance.
- Any additional information relevant to the child’s attendance.
The Local Authority will review the evidence before determining whether legal proceedings are appropriate.
Prosecution Following Non-Payment of a Penalty Notice
Where a Penalty Notice has been issued and remains unpaid after the expiry of the payment period, the Local Authority will consider whether to commence legal proceedings in accordance with the Education Act 1996 and Sutton’s Penalty Notice Code of Conduct.
The non-payment of a Penalty Notice may result in prosecution for the original offence of failing to secure a child’s regular attendance at school. Schools may be required to provide additional information or updated attendance evidence to support any subsequent legal proceedings.
Where prosecution is pursued following the non-payment of a Penalty Notice, the Local Authority will determine the most appropriate course of action based on the individual circumstances of the case and the available evidence.
Legal Proceedings
Where legal proceedings are initiated, parents may receive either:
- A summons to attend the Magistrates’ Court; or
- A Single Justice Procedure Notice (SJP).
Schools may be required to provide witness statements and supporting evidence as part of the legal process.
Following Legal Intervention
Where legal intervention results in a conviction, attendance should continue to be monitored and supported. Schools should continue to work with families and other agencies, where appropriate, to secure regular attendance and prevent further periods of absence.
Further Information
Schools requiring advice regarding prosecution referrals should contact the Attendance Support Team via their allocated Education Welfare Officer before submitting a request for legal intervention.
Access the referral form here: