The Council and democracy

     

Truancy: a parents guide

What the law says

Parents have a legal responsibility for ensuring that children of compulsory school age receive a full-time education 'suitable to their age, ability, aptitude and any special educational needs which they may have either by regular attendance at school or otherwise' (Section 7 - Education Act 1996).

Parents whose children are on a school register and fail to ensure the regular and punctual attendance of their child(ren), may be guilty of an offence under Section 444 or 444(1A) of the Education Act 1996 and the Local Authority may issue a Penalty Notice or take enforcement action through the Courts to secure regular attendance.

Alternatively, the Local Authority may apply to the Courts for an Education Supervision Order under Section 36 of the Children Act 1989. While an ESO is in force, the parents lose their right to have their child educated in accordance with their wishes; however, the supervising officer has a duty to consider their wishes insofar as is reasonably practicable.

     

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