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

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:

  • 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

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