Enforcement option

No action

When there's insufficient evidence, or where extenuating circumstances apply such as the serious illness of the offender, or where we have no jurisdiction, we may decide not to take action. Schools and lead professionals will be notified of this decision.

Simple action

Actions to secure compliance with legislation, including offering advice, verbal warnings and requests for action, the use of letters and the issue of inspection reports. Parents and carers may already be receiving support via a children’s social care or FEH plan or referred for FEH or safeguarding assessment and intervention.

Local authority professionals in conjunction with schools must ensure that the parents/carers receive clear explanations of what they need to do and by when. The parent/carer must be provided with opportunities to resolve differences before enforcement action is taken - unless immediate action is needed and they must receive an explanation of their rights of appeal.

Simple action - parenting contracts 

A parenting contract is an agreement between a parent or carer and either the local authority or the governing body of a school. Parenting contracts are not a punishment. They are a way for the parent, school or local authority to work together to help improve attendance.

Simple action - penalty notice

Penalty Notices may be issued to parents who have committed an offence under section 444 of the Education Act 1996 or section 106 of the Education and Inspections Act 2006. These notices were introduced to provide a quicker and cost-effective alternative sanction to criminal prosecution.

When a fine is not paid within the determined dates the regulations require that the offence s444 Education Act 1996 be prosecuted in the Magistrates Court, the LA SEWO will use standard operating procedures in this regard and may not only prosecute for the non-payment of the penalty notice, but also for an offence under s444 Education Act 1996. Any information pertaining to the non‐payment of a fine may form part of the evidence in any subsequent prosecution.

Caution

EIT has the power to issue simple cautions (previously known as ‘formal cautions’) as an alternative to prosecution for some less serious offences, where a person admits an offence and consents to the simple caution. Where a simple caution is offered and declined, the EIT is likely to consider prosecution. A simple caution will appear on the offender’s criminal record.

It's likely to influence how the EIT and others deal with any similar breaches in the future, and may be cited in court if the offender is subsequently prosecuted for a similar offence.

If a simple caution is issued to an individual, it may have consequences if that individual seeks certain types of employment. If a defendant refuses an offer of a simple caution, the case will generally be recommended for prosecution.

Education supervision order

Education supervision orders (ESO) were introduced in the Children Act 1989 (section 36) and are made following an application to the Family Proceedings Court. This replaced the previous power for a LA to apply for a care order because a child not attending school. An ESO places a child who is not being properly educated under the supervision of the local authority (usually a senior education welfare officer or family early help practitioner, with a similar meaning and status to other supervision orders within the act).

The intention is to ensure that a child who is subject to an ESO receives “efficient full-time education suited to his or her age, ability, aptitude and any special educational needs and that sufficient support, advice and guidance are provided to the parents and the child.” An ESO gives the local authority the right to advise, assist, befriend and give directions to the child and his parents.

The application for an ESO is subject to the rules of the Family Proceedings Court. An ESO is always considered as an option before prosecuting.

Parents who “persistently fail to follow directions” under the order are guilty of an offence. Persistent failure will be established by “a failure persevered with, in respect of any particular direction or repeated failure to observe directions”. To establish “persistent failure” the responsible SEWO will issue three warning notices, non-compliance of which is sufficient to consider an application to the Magistrates Court in respect of criminal proceedings. Breach proceedings in respect of an ESO may be subject to laying information in the Magistrates Court (criminal) and any such breach does form part of this enforcement policy.

Prosecution

The decision to prosecute is a significant one and is not considered lightly. Prosecution will, in general, be confined to those persons who deliberately and blatantly disregard the law and who refuse to meet even the basic minimum legal requirements in relation to school attendance often following significant intervention and support from the LA and other services. Such persons are, fortunately, in the minority.

When circumstances have been identified that warrant a prosecution, all relevant evidence and information will be considered, to enable a consistent, fair, proportionate and objective decision to be made. In addition to being satisfied that there is sufficient evidence to provide a realistic prospect of conviction, there must be a positive decision based on relevant criteria that it's in the public’s interest to prosecute.

Parenting orders

Section 8 & 9, Crime and Disorder Act 1998 (Disposals), Parenting Order, – Anti Social Behaviour Act 2003, Parenting Order (Applications)

A court is able to impose a parenting order when someone has been convicted of failing to ensure their child attends school regularly. Any parent or carer that a young person lives with, including a step parent, can be named in such an order. A parent, who is not living with the young person, but has regular contact, may be issued with an order separately.

The order may require a parent to attend parenting classes or counselling sessions and can last between three and twelve months. Prior to making such an order, a court will require there to have been an assessment of the family by the local authority. A parenting order can be made in the absence of the parent or guardian in court.

The application of a parenting order (PO) to address behaviour is subject to the rules of the Family Proceedings Court. A parenting order is also a potential disposal available to a court for an offence under s. 444(1)(a) Education Act 1996.

A SEWO or FEH practitioner will usually act as the supervising officer and monitor progress and compliance with the order. Where the family are not an open case to EIT/FEH, a member of school staff or another agency will act as the responsible officer who will work closely with the family and report back to the EIT where the requirements of the order are not being complied with.

Schools inform parents on the use of parenting orders through their behaviour and/or attendance policy.

Where an order is not being complied with, it may be used in evidence for future proceedings.

School attendance orders s437 Education Act 1996 (SAO’s)

School attendance orders (SAO) require a child’s parents or carers to register the child at a named school. This order may be used in the following circumstances:

• where a child is educated otherwise than at school and it has been decided that such education is inadequate

• where children have moved into an area without being admitted to a school

• excluded children

• children who have reached the compulsory school age and have not been registered at a school, or the parents have not informed the local authority of their intention to educate otherwise than at school

Where all voluntary attempts to resolve the situation have failed a three-stage process will be followed:

• an initial notice (SAO1) is left with the parent requiring them to satisfy the local authority within 15 days of the date of the notice, as to the education provision being provided

• if this is not resolved a standard letter (SAO2) is sent to the parent/carer indicating the local authority’s intention to serve an SAO

• if no response is received within 15 days of the date of the notice, the local authority will nominate a school for the child to attend, named in the SAO, which the child must attend “forthwith”.

Non‐compliance constitutes an offence under s443 Education Act 1996.