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Prosecution

The Law says that all children must receive an education. Where parents have registered their child at school, the Law expects them to fulfil their responsibility in ensuring that their child attends regularly.

The Education Welfare Service help if any problems arise and we will suggest strategies to try to improve the situation. However, if your child is not attending regularly and other suggested interventions haven't worked, the Government requires us to consider taking court action.

Before we take this step, we will invite you to a formal meeting in order to assess the situation and try to find a positive way forward. You will be given a formal caution regarding possible court action at this meeting.

If court action is taken, it will be one (or both) of the following:

  • Prosecution through the Magistrates' Court (i.e. taking the parents to court) where a fine, imprisonment, Parenting or Curfew Order can be imposed

  • Prosecution through the Family Proceedings Court if we consider that the young person is beyond parental control as regards going to school. A Supervision Order can be granted here or, again a Parenting Order.

If we are considering court action, we will consult with you at every stage and you and your child will be given plenty of opportunity to improve her/his attendance without going to court. However, this will be time limited as the Government requires that we consider fast track prosecutions wherever possible.

Please work with the school's Education Welfare Officer to improve your child's attendance so that court action can be avoided.

Guidance to schools and parents

Factsheets