School attendance and absence
Legal action to enforce school attendance
Local councils and schools can use various legal powers if your child is missing school without a good reason. They can give you:
- a Parenting Order
- an Education Supervision Order
- a School Attendance Order
- a fine (sometimes known as a ‘penalty notice’)
You can be given one or more of these but the council does not have to do this before prosecuting you.
Parenting Order
This means you have to go to parenting classes. You’ll also have to do what the court says to improve your child’s school attendance.
Education Supervision Order
If the council thinks you need support getting your child to go to school but you’re not co-operating, they can apply to a court for an Education Supervision Order.
A supervisor will be appointed to help you get your child into education. The local council can do this instead of prosecuting you, or as well.
School Attendance Order
You’ll get a School Attendance Order if the local council thinks your child is not getting an education.
You have 15 days to provide evidence that you’ve registered your child with the school listed in the order or that you’re giving them home education. If you do not, you could be prosecuted or given a fine.
Fine
Your local council can give each parent a fine of £80, rising to £160 if you do not pay within 21 days.
From the 2024 to 2025 school year, each parent will only get up to 2 fines for the same child in a 3-year period.
If you get a second fine in 3 years it will be £160. If you do not pay the fine in 28 days you may be taken to court for keeping your child out of school.
If your child is off school 3 or more times within the 3 years you will not be fined but may be taken to court.
Check your local council’s rules on when you can be fined and how to pay a fine.
If you’re taken to court
You could get a fine of up to £2,500, a community order or a jail sentence up to 3 months. The court could also give you a Parenting Order.