There are two offences under the Education Act 1996, one which involves the parent being liable to prosecution simply because the child is not attending regularly, the other more serious offence committed where the parent is found to know that his or her child is not attending and has failed to act. In relation to the first offence, this is a strict liability offence which means that the prosecution only have to prove that the child has not been attending regularly. However there may be an issue as to what is meant by “regular attendance “. In relation to the more serious offence, there is a specific defence of “reasonable justification” and you should contact us to discuss this.
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