The Education Act 1996 is the primary legislation which governs the attendance of a child
at school. Section 7 of The Education Act 1996 states that:
‘The parent of every child of compulsory school age shall cause him to receive efficient
full-time education suitable…to his age, ability and aptitude, and…to any special
educational needs he may have, either by regular attendance at school or otherwise.
In law, an offence occurs if a parent fails to secure a child’s attendance at a school in
which they are a registered pupil, and that absence is not authorised by the school. Fixed
Penalty Notices supplement the existing sanctions currently available under Section 444
of The Education Act 1996, Section 103 of the Education and Inspections Act 2006 or
Section 36 of The Children’s Act 1989 to enforce attendance at school where appropriate,
subject to statutory defences.
The Education (Penalty Notices) (England) Regulations 2007 set out the procedures for
issuing Fixed Penalty Notices to each parent who fails to secure the regular attendance
of their child at school.
Under section 576 of The Education Act 1996, a parent is defined as follows:
• All natural parents whether they are married or not
• Any person who although they are not a natural parent, has care of a child or young
person – having care of a child or young person means that a person with whom the
child lives and who looks after the child, irrespective of what their relationship is with
the child, is considered to be a parent in education law.
Throughout this document, references to ‘parent’ mean each and every parent falling
within the definition, whether acting jointly or separately, and should not be taken to mean
that provisions only apply to ‘parent’ in the singular.