Section 444 Education Act

Rhys Rosser • August 8, 2023

The offence of Failing to Ensure a Child attends school can have serious consequences for a parent.

Section 444 of the Education Act 1996 created the offence of failing to ensure regular attendance at school of a registered pupil.


It states that if a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, their parent is guilty of an offence. This is what is known as a strict liability offence, it means that even if the parent intended for their child to attend school, they can still be found guilty of the offence.


There is an aggravated version of the offence where the Prosecution can prove that the parent knows that their child is failing to attend school. This carries a greater penalty than the simple offence.


The defence to the charge is for the parent to prove that they had a reasonable justification for his failure to cause the child to attend regularly at the school.


These offences can have serious consequences which include financial penalties. Where the parent knows their child is failing to attend school, it can lead to a prison sentence of up to 3 months.



Rhys has an excellent track record in these cases. These offences are regularly prosecuted by local authorities, taking a robust approach to disclosure often ensures a positive outcome as does a clear and cogent understanding of the legislation.



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