Education Act offences

Copyright © 2025 LexisNexis
Produced in partnership with Mark Blois of Browne Jacobson
Practice notes

Education Act offences

Copyright © 2025 LexisNexis

Produced in partnership with Mark Blois of Browne Jacobson

Practice notes
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The Education Act 1996 (EA 1996) imposes criminal liability on a parent who fails to ensure that his child receives regular education.

All the offences created by the EA 1996 are summary only, which means they can only be tried in the magistrates' court.

Procedure

Under the EA 1996 criminal proceedings can only be instituted by a local education authority and no other prosecuting body.

Before instituting proceedings the local authority must first consider whether it would be appropriate (instead of or in addition to instituting proceedings) to apply to the court for an 'Education Supervision Order' (ESO).

Elements of the offence of failing to comply with school attendance order

The prosecution must prove that:

  1. •

    a parent

  2. •

    has failed to comply

  3. •

    with the requirements of a school attendance centre order

Parent

In the EA 1996 'parent' in relation to a child or young person includes any person who is not a parent but who has 'parental responsibility'

Mark Blois
Mark Blois

Browne Jacobson

Mark is a Partner and Head of the Education team at Browne Jacobson, a leading national education law firm. Mark personally has over twenty years' experience as an education lawyer and has been recommended as a Leader in his field in the industry bibles 'Chambers UK' and 'Legal 500' for more than fifteen years. 'Chambers UK' has dubbed him 'an industry leader' and includes him as one of only three lawyers ranked in Band One nationally for recommended education lawyers. 'Legal 500' has described him as 'exceptional'. He was named Lawyer of the Year at the Nottinghamshire Law Society Awards in 2012 and designated a National Leader of Governance by the NCTL in 2015.

He has previously served as a member of the Regional Council of the Learning and Skills Council, as a Director of the National Governors' Association and on the Board of a 157 Group FE College. For the last six years Mark has been the Chair of the L.E.A.D Academy Trust, a large multi-academy trust in the Midlands. He is a Trustee of NASEN and also a Non-Executive Legal Advisor to the National SEND Forum.

He regularly speaks at national conferences including those of the Association of School & College Leaders, National Association of Head teachers, Institute of School Business leadership, National Governance Association and the Freedom and Autonomy for Schools - National Association.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Authority definition
What does Authority mean?

The public sector body procuring the project. This might, for example, be a local authority, an NHS trust, a central Government Department or a Non-Departmental Public Body.

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