The following Local Government guidance note Produced in partnership with Mark Blois of Browne Jacobson LLP provides comprehensive and up to date legal information covering:
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.
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).
The prosecution must prove that:
has failed to comply
with the requirements of a school attendance centre order
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