Education Act offences
Produced in partnership with Mark Blois of Browne Jacobson
Education Act offences

The following Local Government practice note Produced in partnership with Mark Blois of Browne Jacobson provides comprehensive and up to date legal information covering:

  • Education Act offences
  • Procedure
  • Elements of the offence of failing to comply with school attendance order
  • Parent
  • School attendance orders
  • Statutory defence for failing to comply with school attendance order
  • Sentencing for offence of failing to comply with a school attendance order
  • Action following acquittal of offence of failing to comply with a school attendance order

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, ss 37–38 and Sch 16 Pt 1, para 3(1), provides that where a temporary school closure order is in effect, the duties of parents and local authorities with regard to school attendance under sections 437–443 of the Education Act 1996 (EA 1996) do not apply and the offence of failing to secure regular attendance at school of a registered pupil under EA 1996, s 444 is to be disregarded. On 19 March 2020, the Secretary of State for Education announced the temporary closure of all schools and educational settings in England except for children of key workers and vulnerable children. This decision came into force at the end of the school day on 20 March 2020 (see: LNB News 19/03/2020 10). For guidance, see Closure of educational settings: information for parents and carers (see: LNB News 23/03/2020 22) and Guidance for schools about temporarily closing (see: LNB News 23/03/2020 69). For more updates regarding the COVID-19 impact on the education sector, see: Coronavirus (COVID-19) and local government—overview and Coronavirus (COVID-19)—education tracker. See also the Coronavirus (COVID-19) toolkit, which provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription).

The Education Act 1996 (EA 1996) imposes criminal liability on

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