Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

School definition

What does School mean? In legal practice, “school” denotes an institution providing primary or secondary education to pupils, whether state-funded or independent, and includes special schools. The expression is used across education, public, employment, safeguarding and equality law in issues such as admissions, exclusions, SEND/ASN, governance, premises and duty of care. In England and Wales, statutory definitions are found chiefly in the Education Act 1996 and the Academies Act 2010, covering maintained schools (community, foundation, voluntary aided/controlled), academies and independent schools; pupil referral units, early years and further education institutions are distinct. In Scotland, the Education (Scotland) Act 1980 defines schools, including nursery, primary, secondary and...

School attendance enforcement in England: offences, defences, exemptions, sentencing, and alternatives to prosecution (EA 1996 s 444; 2024 Pupil Registration Regulations)

Published by a LexisNexis Local Government expert

Practice notes

The offences of failing to secure regular attendance at School

The Education Act 1996 (EA 1996) places criminal responsibility on a Parent who does not ensure their child receives regular education. All offences under EA 1996 are summary only, meaning they can be dealt with solely in the magistrates' court. See Practice Note: Education Act offences.

Before starting legal proceedings, the local authority must consider whether to apply for an Education Supervision Order. See Practice Note: Education supervision orders. Statutory guidance aimed at raising school attendance provides advice on when prosecution is suitable. As a rule, prosecution should be a last resort after all voluntary and formal support has been attempted and has not worked.

EA 1996 creates two offences concerning a parent's failure to secure a registered Pupil’s attendance at school. The first, under s 444(1), is a strict or absolute offence, so proof of the parent’s mental state is unnecessary. The prosecution must show that:

a child is of compulsory school age
is registered at a school
fails to attend regularly

There is no statutory defence to this offence. The second offence under EA 1996, s...

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Web page updated on 21/05/2026

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