Children and families
School non-attendance
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Maximum Level 3 fine (s
Actus reus
- s.444(1): a child of compulsory school age who is a registered pupil fails to attend regularly; the parent is guilty (Education Act 1996, s.444).
- s.444(1A) is the aggravated form: in those circumstances the parent knows the child is failing to attend regularly and fails to cause the child to do so. Read the charged subsection — maxima differ (level 3 vs level 4 / 3 months).
Mens rea
- s.444(1) is the parent’s liability for the child’s failure to attend regularly — it is not drafted as a specific-intent offence.
- s.444(1A) needs knowledge of the failure and a failure to cause attendance. Reasonable justification is a defence to (1A) (s.444(1B)).
Defences
Child not of compulsory school age / not a registered pupil · Attendance was regular · Leave, sickness or unavoidable cause, religious observance (s.444(2A)–(3)) · Local-authority travel-duty failure (s.444(3B), (3D), (4) as they apply) · s.444(1A): no knowledge, or reasonable justification (s.444(1B))
Sentencing Council
Sentencing Council guideline effective 24 April 2017. Offence range: Offence range Conditional discharge - Band C fine (s.
At the police station
Rare in custody. Confirm (1) versus (1A) and get the attendance print and any medical evidence. This is not a child-cruelty charge.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Education Act 1996, s.444 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Child abuse (non-sexual) ↗