Truancy: a parents guide

There are two offences relating to parental responsibility for ensuring regular attendance at school or alternative provision:

1. If a registered pupil is absent without authorisation from school or alternative provision, then the parent is guilty of an offence under Section 444(1) of the Education Act 1996.
2. Prosecution under Section 444(1)(a) is for the more serious (aggravated) offence where the parent not only knows about the absence but at best does little or nothing to address the issue, or at worst actively condones the pupil's absence.

The offence under Section 444(1) of the Act carries a maximum fine of £1,000 and the Local Authority will also seek costs to be awarded.

The more serious offence under Section 444(1)(a) has a range of sentencing options for the Court to impose on each parent, including:

• A fine of up to £2,500
• A community-based sentence
• Three months' imprisonment
• Be made subject to a Parenting Order - in addition to other sentences
• Costs may be awarded to the Council. The Court could also propose that the Authority takes the matter before a Family Court and seeks an Education Supervision Order.