All children of compulsory school age (five to 16) should receive suitable education, either by regular attendance at school or through other arrangements. If a child is registered at school, parents have the primary legal responsibility for ensuring that their child attends regularly.

LAs have a duty to satisfy themselves that children who are not in the school system are receiving a suitable education. If the LA believes that a child is not getting a suitable education, it has a duty under section 437 of the Education Act 1996 to serve a notice or a school attendance order on a parent. The notice requires the parent to satisfy the LA that the child is receiving a suitable education while the order requires the parent to register the child at a named school.

LAs also have responsibility under sections 444, 444A and 444ZA of the Education Act 1996 for legal action to enforce attendance at school. This duty is often exercised through the Education Welfare Service and its Education Welfare Officers (EWOs), also known as Education Social Workers. They also have the following legal powers to enforce attendance:

  • school attendance orders
  • prosecution for irregular attendance
  • penalty notices for irregular attendance
  • education supervision orders.

LAs can also use parenting contracts in their efforts to improve a pupil's attendance.

Guidance on legal measures to secure attendance

Ensuring children's right to education: Guidance on the legal measures to secure regular school attendance - this guidance provides information on the measures that are available under the law for ensuring regular school attendance in England. It explains:

  • The roles and responsibilities of parents, schools and the LA in ensuring children's regular school attendance
  • The law relating to school attendance
  • The range of legal interventions available to the authority and, in some circumstances, to the school to enforce school attendance
  • The procedure for bringing a prosecution against a parent who has failed to ensure their child's regular school attendance
  • What happens at the Court hearing and the sentencing options available to the Court in the event that the parent is found guilty of an offence.