Joint decision making on legal enforcement
Parents who fail to ensure their child’s regular attendance at school, or access to a suitable education, may be subject to statutory legal intervention, including criminal proceedings.
Decisions to pursue legal action are made by the local authority, informed by evidence provided by schools. Enforcement is not a first response; the priority is to work with families to secure sustainable improvements in attendance. However, where there is limited engagement or no sustained improvement despite appropriate support, legal action may be considered.
To ensure robust and consistent decision-making, schools are expected to work closely with their allocated Attendance Officer when considering legal intervention, including penalty notices and prosecutions, prior to formal submission.
The process is as follows:
- School follow attendance policy procedures and ensures a support first approach has been offered: school attendance has not improved
- School discusses child with their named attendance officer if they are considering a legal route to address poor attendance
- Decision is made as to whether there are any other approaches and support than can be offered that would have a positive impact on the attendance of the child
- If child is on a CiN or CP plan, decision must be shared and agreed with the social worker
- If legal approach is put on hold, case review takes place within agreed timescales. Only if all options of support have been exhausted, can the case be considered for legal interventions.