Defending Education Act Prosecutions

It is a legal requirement of parents and guardians to ensure that children attend school on a regular basis, to ensure that all children have access to good quality education. There are some exceptions, including in cases where children are home schooled or if a child is ill, but in an increasing number of instances in recent years, parents have been hit with fines and even with custodial and suspended sentences if their child has failed to attend school.

Many local authorities issue a fine if a child misses a single day of school, and no contact is made to inform the school. However, at this point, it is usually possible for the parent to certify that the child is ill, and this type of absence is only likely to become a problem if there are too many cases where a child is kept away from school.

Typically, you should receive a letter or other communication from the school or their welfare officer. If this is the first that you knew of your child’s absence from school, then it can be extremely worrying, but the school should be willing to work with you in order to try and come up with a solution. If this doesn’t help resolve the issue, or if the school believes that you have intentionally prevented or allowed your child to be absent from school, then you may receive a fine.

If your child is aged between 5 and 16, they are a registered pupil at the school, and have failed to attend regularly, then you could face a fine of up to £1,000. If it can also be proven that you knew of the absence and did not try to prevent it, then the maximum fine is £2,500 and you could face a prison sentence of up to 6 months.

Administrative errors do occur in registration and record keeping, and it is possible that you have a genuine reason for your son or daughter’s absence from school. A qualified and experienced solicitor can help put your case forward and ensure that you mount a solid defence to help prevent a custodial sentence and large fine.

What To Do Now

As market leading solicitors for business and regulatory matters, Ashcott Solicitors are easy to contact and straight forward to deal with.

You will find us easy to talk to and we provide effective advice that will help you and your business navigate the ever changing regulatory maze. If you or your business is facing regulatory or professional infringements then we can help you secure the best possible result from your case.

We pride ourselves in fighting tooth and nail for our clients.

Ashcott Business Solicitors have offices in London and Manchester from where we can provide a nationwide service that is second to none. You can contact the London office direct on 0203 053 8625 and the Manchester office by calling 0161 234 0020. If you prefer you can send a confidential email email by clicking here.

We look forward to hearing from you.