Non-school attendance

Possible sentences

If you plead "guilty" or the court finds you "guilty", any previous convictions will be reported to the magistrates. The magistrates will then pass sentence. This sentence may be one of the following:

  • a fine of up to £1,000 (if the prosecution has been under Section 444 (1) of the Education Act 1996)
  • a fine of up to £2,500 or imprisonment of up to 3 months (if the prosecution has been under Section 444(1a) of the same Act
  • a Conditional Discharge for a specified period – this means that there is no immediate penalty if your child’s attendance is satisfactory for the duration of this period; but if you are convicted of another offence during this period you will be punished for the original as well as the subsequent offence
  • an Absolute Discharge – this means that whilst you have been found guilty of the offence you will not be subject to any penalty, although this still counts as a criminal conviction
  • a Deferred Sentence – this means that a new court date will be set; in the meantime you will be expected to take steps to improve your child’s attendance; at the new date you will be sentenced
  • a Parenting Order – this means that you will be ordered to attend parenting groups
  • Community Service – this means that you will be ordered to carry out unpaid work in the community under the direction of the Probation Service
  • An Education Supervision Order – this means that the court can direct the council to consider making an application for such an order; you will be expected to cooperate with this Order