Education Act

Education Act Prosecutions

Section 444(1) and Section 444(1A) of the Education Act 1996 create an offence of failing to ensure that your child goes to school. Our expert defence lawyers can advise you on whether you have a defence available

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Prosecutions under Section 444 of the Education Act 1996.

It is an offence under the Education Act if you fail to ensure that your child goes to school.  You can face prosecution for this which could result in a custodial sentence in some circumstances. It can be very difficult to defend these types of cases. After all, your child has either attended at school or they have not.  However it is still for the case to be proved against you.  Therefore if the child has permission from the school for non-attendance or any other “reasonable” excuse then the offence is not committed.

This is where our experts at Poole Alcock can assist by helping you identify what is reasonable. The law provides a defence if the child is schooled (home or other establishment) and that it is ‘suitable education’. It is then, for the local authority to prove that the offence is made out in that it does not satisfy suitability for the child.

Poole Alcock’s experts can also advise on whether there are any circumstances in your case that could be used to persuade the Local Authority that it is not in the public interest to continue with a prosecution, and whether there may be a more appropriate way to ensure the child attends at school, by working with the Parent.

Education Act
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Defending Education Act Prosecutions

Poole Alcock has expert defence solicitors based in offices across Cheshire, including CreweAlsager, Congleton, Sandbach, Nantwich and Wilmslow.

Alternatively, we are happy to discuss your case with you over the telephone. Call us today on 01270 256665 or contact us using this form and we will call you back to discuss your case.

Arrange A Consultation

Please submit your information and a member of the Poole Alcock team will respond to you as soon as possible. If you have a quick question, please feel free to call 0800 389 7093

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