Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding:
This FAQ examines the role of schools in deciding whether parents can be prosecuted for their child’s poor attendance or behaviour. For all our school hotline queries, please see Practice note, Schools hotline FAQs.
Q: Can schools decide whether parents should be prosecuted for their child’s poor attendance or behaviour?
A: No. Only Local Education Authorities (LAs) can make decisions on whether parents should be prosecuted for school attendance offences. All schools (including academies) have a duty to refer regular absence (authorised and unauthorised) to the relevant LA. This may include any evidence showing how they supported the pupil and parents to improve attendance. It is for each LA to judge each referral on its own merits and make a decision on the most appropriate course of action.
It is the statutory duty of LAs to carry out investigations including the preparation of witness statements leading up to school attendance prosecutions. LAs should conduct all investigations in accordance with the Police and Criminal Evidence Act 1984 (PACE) and the Attorney General’s Guidelines for Crown Prosecutors (see GOV.UK: Attorney General guidance to the legal profession). LAs cannot delegate this function to schools (including academies) or charge them for this service.