Information for parents and carers

It’s important that schools and local authorities are aware that parents may be recognised differently under education law, than under family law. Section 576 of the Education Act 1996 states that a ‘parent’, in relation to a child or young person, includes any person who is not a parent (from which can be inferred ‘biological parent’) but who has parental responsibility, or who has care of the child.

For the purposes of education law, the department considers a ‘parent’ to include:

• all biological parents, whether they are married or not
• any person who, although not a biological parent, has parental responsibility for a child or young person - this could be an adoptive parent, a step parent, guardian or other relative
• any person who, although not a biological parent and does not have parental responsibility, has care of a child or young person

A person typically has care of a child or young person if they are the person with whom the child lives, either full or part time and who looks after the child, irrespective of what their biological or legal relationship is with the child.

Therefore, all these people have the duty to ensure a child of compulsory school age receives a suitable education.

If a registered pupil of compulsory school age fails to attend school regularly, the parent could be guilty of an offence under S444 of the Education Act.

A child is of compulsory school age at the beginning of the 1st term after their 5th birthday, so:

• children who turn 5 between 1 January and 31 March will be of compulsory school age at the beginning of the school term after 31 March.
• children who turn 5 between 1 April and 31 August will be of compulsory school age at the beginning of the school term after 31 August.
• children who turn 5 between 1 September and 31 December will be of compulsory school age at the beginning of the school term after 31 December.

A child remains of compulsory school age until the last Friday in June in the school year that they turn 16. From September 2015 all 16 year olds must remain in education or training until their 18 birthday.

The Education Act 1996 states that parents must ensure their children of compulsory school age receive appropriate full-time education according to their age, ability and aptitude. This can be by regular attendance at school, at alternative provision, or otherwise (e.g., the parent can choose to educate their child at home).

If a child of compulsory school age fails to attend regularly at a school at which they are registered, or at a place where alternative provision is provided for them, the parents may be guilty of an offence and can be prosecuted by the local authority.

Where parents do not register their child at a school and fail to provide evidence to prove their child is being educated otherwise (i.e., in an alternative provision or at home) Local Authorities may action a School Attendance Order.

Can I take my child on holiday in Term time?

Parents and carers are strongly advised to avoid taking children out of school for family holidays during term time. Taking a holiday during term time will mean your child misses out on a portion of their educational entitlement and their right to the learning opportunities offered to them. Children who have missed school, even for a short period of time, often find it difficult to catch up.

If parents and carers consider the effects of lost learning and still decide to take a holiday during term time, a written request, in advance of the planned holiday, and in line with the school’s policy must be made.

Unfortunately, in some cases whereby written holiday requests have not been made by parents, and schools have been unable to successfully locate children missing from school as safe and well, safeguarding investigations will be carried out.

It remains the discretion of each head teacher, alongside school governors, to decide whether leave during term time will be authorised or not. Head teachers may not ordinarily grant any leave of absence during term time, unless there are exceptional circumstances. In line with current guidance, it is highly unlikely a head teacher would be able to consider a family holiday as exceptional.

Will I receive a fine for taking my child out of school?

If exceptional circumstances are not agreed by the headteacher and your child misses school with marked unauthorised absence in the register, this could result in the issue of a fixed penalty fine.

Fixed penalty fines of up to £120 each can be issued in respect of each parent and each child. For two parents and two children, for example, fines amounting to a maximum £480 could be issued. If these remain unpaid the local authority may take further legal proceedings against you which may result in an increased fine and additional court costs.

Section 7 of the Education Act 1996 states that “The parent of every child of compulsory school age shall cause him/her to receive efficient full-time education suitable to his/her age, ability and aptitude and to any special educational needs he/her may have, either by regular attendance at school or otherwise”.

The Local Authority (LA) aims to work in partnership with parents to improve poor school attendance.  However, sometimes parents do not fully cooperate and/or their children(s) school attendance does not improve.  In these circumstances the LA may use its legal powers to remind parents to undertake their responsibilities:-

Therefore, we are required by law to make you aware of the possible consequences of continued Unauthorised Absence from School.

Please Note:

The definition of a parent as set out in section 576 of the Education Act 1996 is:

• all natural parents, whether they are married or not
• any person who has parental responsibility for a child or young person; and
• any person who has care of a child or young person i.e. Lives with and looks after the child

The Local Authority may use a number of legal sanctions where parents fail to meet their legal responsibilities regarding their child’s school attendance.

What the law says

Section 23(1) of the Anti-Social Behaviour Act 2007 states that “Penalty Notices may be issued to the parent of pupils who have unauthorised absence from school”.

• the amount of the penalty is £60
• if this is not paid with 21 days, the amount rises to £120
• if not paid within 28 days, the Local Authority may prosecute under section 444(1) unless it comes to our attention that the penalty notice has been issued in error
   

Section 444(1) of the Education Act 1996 states that “If you are the parent of a child of compulsory school age who fails to attend school regularly, you are guilty of an offence”.

The court may:

• fine each parent up to £1,000 per child
• order payment of the prosecution costs
• impose a Parenting Order
• impose an Education Supervision Order

Section 444(1a) Education Act 1996 states that “If in the above circumstances you, the parent, know that your child is failing to attend regularly at the school and fail without reasonable justification to cause him/her to attend, you are guilty of an offence”.

The court may:

• fine each parent up to £2,500 per child
• order payment of the prosecution costs
• impose a Parenting Order
• impose an Education Supervision Order
• sentence parents to a period of imprisonment for up to 3 months

It is expected that parents cooperate with the Local Authority and make sure your child attends school every day it is open, unless there is a good reason for him or her not to attend.