What the law says

All parents have a legal duty to ensure that their child receives an education suitable to his/her age, ability and aptitude and any special needs. Most parents fulfil their legal obligation by registering their child in a school. You could face legal action if your child does not attend school regularly and on time.

If you are sent to court, you may:

• be fined up to £2,500; and/or
• get a three months prison sentence.

Courts may also:

• issue a Parenting Order[MM1] ; or ask the LA to apply for an Education Supervision Order[MM2] .

Once your child is registered at a school, you are legally responsible for making sure they attend regularly.

Compulsory school age

A child reaches compulsory school age on the prescribed day following his fifth birthday (or on his fifth birthday if it falls on a prescribed day). The prescribed days are 31 December, 31 March and 31 August.

A child ceases to be of compulsory school age on the last Friday before the last Monday in the June of the academic year in which s/he attains the age of 16.

Parent responsibility

You are legally responsible for making sure your child receives a full-time education either at school or through alternative provision such as home education.

Children from 5 to 16 must attend school regularly during term time.

You may be fined or prosecuted if your child is regularly absent without the school’s permission. For further information on Parental Responsibility please refer to attendance parental responsibility measures.

Poor attendance

If your child is absent, you must contact the school the same day with the reason for their absence. The school will tell you if your child's absence or lateness causes concern and work with you to find a way to improve your child's attendance.

Poor attendance is defined as anything below 90 percent. The Department for Education expects a minimum attendance rate of 96 percent. 

Children not in full time education

Pupils of compulsory school age are entitled to a full-time education. Reduced or part-time timetables are only allowed in exceptional circumstances where there is a specific need for a pupil – for example, a medical condition prevents them from attending full-time education. A part-time timetable is part of a planned re-integration.

A part-time timetable must only be in place for the shortest time necessary and not be treated as a long-term solution. Any pastoral support programme or other agreement should have a time limit by which point the pupil is expected to attend full-time, either at school or alternative provision. There should also be formal arrangements in place for regularly reviewing with the pupil and their parents.

In agreeing to a part-time timetable, a school has agreed to a pupil being absent from school for part of the week or day and therefore should be an authorised absence.

Parental support

Parents/guardians are advised to contact their child’s school if there are issues affecting attendance, to see what support the school has available.

Legal action to enforce school attendance on GOV.uk 

There are different types of action we can take if your child is missing school without a good reason.

Related documents and links

Information about the procedures for issuing penalty notices (fines) to any parent who fails to ensure their child’s regular attendance at school can be found in the document below.

Penalty Notices - Code of Conduct (PDF, 300KB)

Schools can apply for a penalty notice to be issued against parents of pupils who have taken leave of absence during term time. The local authority acts as the issuing body. Any disputes regarding the issue of notices should be directed to the school.

Working together to improve school attendance (PDF, 594KB) 

Department for Education guidance to help schools, academy trusts, governing bodies, and local authorities maintain high levels of school attendance including roles and responsibilities.

Education Legal Intervention Guidance for Referrers

This guidance supports schools, settings and practitioners to decide when it is appropriate to refer for school attendance legal action measures and what information should be supplied

Elective Home Education

Elective Home Education (EHE) is when a parent chooses not to send their child to school full-time but assumes responsibility for making sure their child receives a full-time education other than at school.

Children Missing in Education (PDF, 332KB)

Children missing from education are children of compulsory school age who:

• don’t have a school place
• aren’t receiving a suitable education in any other way

Children aren’t missing from education if they:

• have a school place but aren’t attending regularly
• are being educated at home

Legislation & Advice

The Education Act 1996 - sections 434(1)(3)(4) & (6) and 444

The Education Act 2002 section 175

The Education (Pupil Registration) (England) Regulations 2006 and subsequent amendments 2010, 2011, 2013, 2016

The Education (Penalty Notices) Regulation 2004 and The Education (Amendment) Regulations 2013

School attendance parental responsibility measures: DfE Statutory guidance January 2015 (PDF, 291KB)

Working Together to Improve Attendance (PDF, 594KB)