Question to the Department for Education:

To ask Her Majesty's Government whether conduct by a parent preventing a child from attending an inspected state or independent school for religious or other reasons is recorded as a criminal offence; if so, what other criteria are taken into account before recording such an offence; and what guidance they have issued to (1) police forces, and (2) the Crown Prosecution Service, regarding this matter.

Parents have a duty to ensure their child of compulsory school age receives full-time education, either by attendance at school or otherwise. If parents choose to register their child at school, we expect them to ensure that their child attends all sessions required by the school, except where a statutory exception applies.

The statutory exceptions in which a child shall not be taken to have failed to attend school regularly are: where the school has granted leave; where they are unable to attend due to sickness or unavoidable cause; on a day exclusively set apart for religious observance by the religious body to which the parent belongs; or where the local council has failed to fulfil any duty it has to help them get to school.

If, having chosen to register their child at school, parents fail to ensure their child attends school regularly, they may be guilty of an offence, and may be issued with a penalty notice or prosecuted under section 444 of the Education Act 1996.

We provide statutory guidance ‘School behaviour and attendance: parental responsibility measures’, which schools, local councils and the police must have regard to when carrying out duties relating to poor attendance and behaviour in schools.