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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
Our Services Contact UsIt 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.
Poole Alcock has expert defence solicitors based in offices across Cheshire and the UK, including Birmingham, Crewe, Chester, Alsager, Congleton, Sandbach, Manchester, Northwich, 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.
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 01270 625478.
I would just like to personally drop you a line to thank you for your considerable personal and professional effort today, I am well aware that its your job, however when I spoke to Scott before he assured me without reservation that you were the man for the job, he was absolutely correct, I would have no hesitation in recommending your services to anyone who may be in as an unfortunate situation that we were today.
Amazing Team! I can’t thank Derek and Hannah enough for their guidance and expertise. Thank you both so much.
Tim’s representation was professional, knowledgeable and robust. Excellent service all round!
I just wanted to thank you for the way your solicitor, Stuart Flood defended my cousin at Crewe Magistrates Courts recently.
Stuart did a tremendous job of keeping the case at the Magistrates Courts and in getting the best possible outcome we could have ever hoped for. All concerned were mightily impressed at his skill & professionalism. Stuart and the Probation Officer were a formidable team.
Thank you once again from all the family. One never knows whats is around the corner but with respect, hopefully we won’t be in need of your defence services again, however, if we do we will know where to come.
The unexpected experience of a H&S Executive prosecution was facing my company and this proved to extend over a period of several months because of the slow process. I instructed Poole Alcock to handle the matter on behalf of the company and I found Dan Brooks, the Partner who heads up Criminal Litigation, to be extremely supportive and responsive from initial enquiry and instruction through to the hearing and thereafter. The process did prove to be stressful but Poole Alcock walked us through each stage and ensured that it went as smoothly as possible. I was specifically grateful for Dan’s advice on the day of the trial. Their advice proved to be accurate and their recommendations were offered sympathetically and in a measured way.
I would have absolutely no hesitation in recommending the services of Poole Alcock to any company facing similar circumstances.
Issue 4 of Poole Alcock Insight is here! Grab a coffee and enjoy Augusts edition of our free Emagazine. https://t.co/qOHgJ9313q
Posted 18th August 2020
Weve had a 5* review from Ian: Kate Heath and team - once again, amazing https://t.co/QNvMmTlgu2
Posted 29th July 2020
