Prosecutions in the Magistrates Court
Prosecution in the Magistrates Court
General Information
- All children between the ages of 5 and 16 are required by law to attend the school at which they are registered.
- There is only one leaving date. Pupils who are 16 before 31st August can legally leave school on the last Friday in June in that year. Pupils are required to attend school until that leaving date.
- Parents have a duty in law to ensure their child is educated. If the child is registered at a school, then the parent must make sure the child attends regularly and punctually.
- The Local Education Authority is responsible for making sure that parents meet this requirement.
- For further information, or if you need help or advice, contact the Education Welfare Officer for your child's school.
The Legal Duty
If a child does not attend school regularly, then the Local Education Authority may decide to prosecute the parent in the Magistrates Court. This will be done under the 1996 Education Act, and is aimed at ensuring that parents carry out their duty to secure suitable education for their children.
Prosecution may also be taken for aggravated truancy, under the Criminal Justice and Courts Act 2000. This could result in a custodial sentence of up to 12 weeks, or a fine of up to £2,500, or a parenting order may be imposed.
The offence is absolute, which means that parents could be found guilty even if unaware that their child has been absent from school.
In certain cases, if a child is persistently late for school, and so not entitled to receive a mark, parents could be found guilty of not ensuring the regular attendance of their child, even though he/she is in school for part of each day.
If a child leaves school during the school day without permission, he/she will be counted as being absent for the whole of that session.
Reasons for Prosecution (Why is one taken?)
Before a case is taken before the Court, certain factors will be considered by the Local Education Authority.
These will be things like:
- What is the pattern of the absences?
- How bad is the level of absence?
- What are the reasons given for absence?
- Have the parents done all they reasonably can to ensure the child attends school regularly?
- What are the family circumstances?
- What involvement has the Education Welfare Service had with the family?
If parents avoid meetings with the Education Welfare Service, this in itself can show a lack of co-operation and will not prevent legal action being taken against them. It is obviously better for the parents to work with the Education Welfare Officer to correct the situation.
What Will Happen?
When a prosecution has been initiated, the parent will receive a summons from the Court giving details of the Court hearing, and the date on which it will be heard.
Parents will also receive a copy of the evidence, which will be presented to the Court. They can, if they wish, ask for the Education Welfare Officer to be present at the hearing, to offer proof as to visits made to the home, if they wish to contest the evidence offered.
It is important that parents attend the Court; if they do not attend, the case could be heard in their absence and a fine could be imposed without any information being given about their personal circumstances. In certain circumstances the Magistrates may issue a warrant to require the parent to attend the court.
If a parent has a very good reason for not attending, then the court should be informed and the case adjourned and heard at a later date.
If the case is found to be proven, then a fine of up to £2,500 can be imposed. Alternatively, a Parenting Order may be imposed, or a custodial sentence of up to 12 weeks. If the child's attendance improves during the period leading up to the hearing, the Magistrates will take this into account when making their decision.