Wilbraham Primary School
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Home  >  Parent/Carer Information  >  Attendance  >  What the Law Says
​

What the Law Says

Parents/carers have a legal responsibility for ensuring that children of compulsory school age receive a full-time education "suitable to their age, ability, aptitude and any special education needs that they may have either by regular attendance at school or otherwise" - Section 7 Education Act 1996.

Parents/carers whose children are on a school register and fail to ensure the regular school attendance of their children, may be guilty of an offence under Section 444 or 444(1A) of the Education Act 1996. The council may issue a Penalty Notice or take other statutory action through the courts to secure regular school attendance.
​
Legal Interventions
Penalty Notice
A penalty notice is used as an early intervention and is an alternative to prosecution under Section 444 of the Education Act for irregular school attendance which is not authorised by the school.

The school may request a penalty notice and one will be issued by the council if the request meets the criteria in the Code of Conduct. There is no right of appeal against the issuing of a penalty notice.

The penalty for non-attendance at school is £120 to be paid within 28 days, which is reduced to £60 if paid within 21 days of the notice being served. The fines are charged per parent per child. Parents/carers may discharge their potential liability for an absence period by paying the penalty notice. Failure to pay the penalty notice may result in prosecution in the Magistrate's Court under Section 444 of the Education Act 1996.

Prosecution
Schools or the Local Authority may prosecute a parent/carer without the use of a penalty notice fine first and this could result in a more serious penalty.

The offence under Section 444(1) of the Education Act 1996 carries a maximum fine of £1,000 and the council will also seek to recover costs. The more serious offence under Section 444 (1A) has a range of sentencing options for the court to impose on each responsible parent/carer, including:
  • a fine of up to £2,500;
  • a community based sentence;
  • three months imprisonment;
  • subject to a Parenting Order - this can be additional to other sentences;
  • costs may be awarded to the council.

If you would like to discuss any of the statutory action further, please do not hesitate to contact our Attendance Office, Becky Small, via our Contact Us page or alternatively you can send our Attendance Officer an email at b.small@wilbrahamprimary.com
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 At Wilbraham Primary, we are passionate about and committed to Safeguarding and promoting the welfare of children. 
​
Safeguarding is our key priority and is at the core of all areas of school life.
Wilbraham Primary School, Platt Lane, Fallowfield, Manchester, M14 7FB
​Tel: 0161 224 3900   Fax: 0161 248 5485
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  • Home
  • Statutory Information
    • E-Safety
    • Aspire Educational Trust
    • Information for Ofsted >
      • Safeguarding >
        • Governing Body
        • Coronavirus, Child Sexual Abuse and Family Safety
        • Safeguarding Policy
        • Operation Encompass
        • Safer Recruitment
        • What to do if you are concerned about a child
        • What to do if you need support to care for your child
    • Ethos and Values
    • Curriculum Overview
    • Behaviour
    • Charging & Remissions
    • Equality Act
    • MFL
    • Ofsted
    • Performance and Assessment
    • Pupil Premium
    • PE and School Sport Premium
    • SEND (Special Educational Needs/Disability)
    • Policies & Procedures
  • COVID-19
  • Our School
    • Calendar >
      • What We Do >
        • Maths
        • PE and Sport
        • Music
        • Computing and ICT
        • EAL Support
        • Forest School
        • Swimming Programme
        • Mr Wheeldon's VIP Lunch
        • Charities
    • Research Hub
    • Our School Day
    • Staff >
      • Senior Leaders
      • Middle Leaders & Teachers
      • Teaching Assistants
      • Admin, Education Caseworkers and Therapist
      • Catering and Maintenance
    • Privacy Notice
    • Job Vacancies
  • Parent/Carer Information
    • Time for you
    • Homework Information
    • Admissions >
      • Nursery Admissions
      • Reception Admissions
      • Year 1 to Year 6 Admissions
    • Attendance >
      • The Importance of Regular School Attendance
      • If Your Child is Absent
      • Support and Monitoring Systems
      • What the Law Says
    • After School Club
    • Breakfast Club
    • School Meals >
      • Free School Meals
      • Change in Meal Pattern
      • Menus
    • Term Dates
    • Transition To High School
    • Uniform
    • Report a Child's Absence
    • Parental Engagement Page
  • Children
    • Reading
    • Class Blogs >
      • Nursery
      • Reception >
        • RC
        • RH
        • RN
      • Year 1 >
        • 1H
        • 1P
        • 1G
      • Year 2 >
        • 2H
        • 2B
        • 2A
        • Reading Year 2
      • Year 3 >
        • 3J
        • 3E
        • 3S
      • Year 4 >
        • 4S
        • 4G
        • 4M
      • Year 5 >
        • 5D
        • 5A
        • 5B
      • Year 6 >
        • 6W
        • 6B
        • 6E
    • Curriculum Games
    • Maths Support Pages >
      • Mental Calculations
      • Written Calculations
      • Problem Solving
    • Useful Links
  • Home Learning
    • Year Groups >
      • Nursery Home Learning
    • EAL Learning >
      • New to English
      • EAL SUPPORT
    • SEN Home Learning >
      • Maths
      • Motor Skill Development
      • Reading and Writing KS1
      • Reading and Writing Key Stage 2
      • Sensory Support
      • Social, Emotional and Mental Health Support
      • Speech and Language Support
  • Contact Us