Appealing an education, health and care plan (EHCP) at Tribunal
Appealing your child’s EHCP can feel overwhelming and distressing, but we’re here to help. When you first contact us, your
Education prosecutions
If you have been asked to attend an interview under caution, received a warning letter, or been summoned to the Magistrates’ Court for failing to secure your child’s regular school attendance, early legal advice can make a real difference.
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The legal and financial matters might be complex, but we aim to keep things straightforward and explain everything in terms that are relevant to you.
Overview
We advise parents and carers facing proceedings under section 444 of the Education Act 1996 and help them understand the process, assess available defences, and prepare the strongest possible case.
Why instruct a solicitor?
By instructing a solicitor, you will receive:
- clear advice on the allegation, procedure and likely outcomes
- careful review of school records, attendance evidence and communications with the local authority
- advice on whether the case concerns the basic offence or the more serious aggravated offence
- representation in correspondence, at interview under caution, and in the Magistrates’ Court
- practical guidance where absence is linked to illness, special educational needs, mental health difficulties, bullying, transport issues or other exceptional circumstances
The law on school attendance prosecutions
In England and Wales, Local Authorities can take legal action where a child of compulsory school age, who is registered at school, does not attend regularly. These proceedings are commonly brought under section 444 of the Education Act 1996. Other enforcement steps can include penalty notices, parenting orders, education supervision orders and school attendance orders. Court proceedings may follow even if other measures have already been considered or used.
The court may be asked to consider either the basic offence, where a parent fails to secure regular attendance, or the more serious allegation that a parent knowingly failed to do so. Depending on the allegation and the circumstances, penalties can include a fine, a community order and in the most serious cases, imprisonment. A conviction can also have wider consequences, including in relation to DBS checks and professional life.
Possible defences and issues to investigate
Every case turns on its own facts. A proper defence requires a careful review of:
- the child’s circumstances
- the attendance history
- the support offered by the school or local authority
- whether the legal requirements for prosecution have been met
Relevant issues may include:
- whether the absence was authorised by the school
- how illness, medical evidence or another unavoidable cause may explain the non-attendance
- the extent to which the child’s special educational needs, disability, anxiety or other mental health issues were properly identified and addressed
- whether concerns such as bullying, safeguarding issues or school-based difficulties were raised and appropriately handled
- any transport issues or practical barriers affecting attendance
- whether suitable education was being provided otherwise than at school
- the degree to which the local authority followed correct procedure and acted fairly before starting proceedings
Tees Law boasts a team of solicitors with deep expertise in various legal fields. This multi-disciplinary approach allows the firm to provide comprehensive solutions tailored to client needs.
How we can help
We provide prompt, practical advice from the outset. That can include reviewing the summons and evidence, identifying potential defences, advising on plea and strategy, preparing witness evidence and representing you at court. Where appropriate, we can also engage with the prosecuting authority before the hearing to clarify issues, seek further disclosure, or make representations about whether prosecution is justified and proportionate.
These cases are often stressful for families and may arise alongside complex issues affecting a child’s education and wellbeing. Our approach is measured, discreet and focused on achieving the best available outcome while ensuring your case is presented clearly and effectively.
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Frequently asked questions
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Education prosecutions FAQs
Will I definitely have to go to court?
Not always. Some cases begin with a warning, penalty notice or interview under caution. If court proceedings have already started, early advice is important.
Can I defend the case?
Possibly. The answer depends on the facts, the evidence, and whether a legal defence or strong mitigation is available.
What documents should I provide to my lawyer?
Any summons, warning letters, attendance records, school correspondence, medical evidence, and notes of meetings with the school or local authority.
Can these cases involve children with additional needs?
Yes. Attendance issues are often linked to special educational needs, disability, anxiety, bullying or other welfare concerns, and those issues should be properly considered.
