The law
School attendance
- to ensure consistency in approach to the issuing of Penalty Notices throughout Lincolnshire and
- to provide a clear, consistent and transparent approach to the use of the Penalty system for
- all school types
- the police
- parents in Lincolnshire
Under Section 7 of the Education Act 1996 the parent of every child of compulsory school age has a duty to ensure that the child receives efficient full-time education suitable to the child's age, ability and any special educational needs they may have. This duty can be met by:
- child regularly attending a school or alternative educational provision made by the LA or the school, or
- by the parent providing other suitable educational provision
The parent may be guilty of an offence under Section 444 of the Education Act 1996 if they fail to ensure:
- their child’s regular attendance at a school at which they are a registered pupil, or
- other educational provision is made for their child
Where a child has not attended regularly at school, the LA have the options of:
- issuing a Penalty Notice in respect of the parents of the child
- bringing proceedings before the family courts for an Education Supervision Order or
- prosecuting the parents under Section 444 before the Magistrates Court
Non-school attendance includes any day when a child should be in attendance at school, and they are absent without the authorisation of the school. This includes:
- unauthorised holidays during term time
- persistent late arrival at school beyond the registration period
Penalty Notices can be issued for persistent lateness where the child arrives after the closure of registration. This is coded U in the register.