Such proceedings may be in a Magistrates’ Court under the Education Act 1996, or in the Family Proceedings Court under the Children Act 1989. The latter involves applying for an Education Supervision Order in appropriate cases, and the appointment of the most suitable professional as a supervising officer.
A prosecution under Education Act 1996 can be requested of the Local Authority following an unsuccessful parent contract. Where the contract was completed by school or school representative a completed court pack must be produced.
Court pack
Prior to any prosecution, a fully informed decision must be made in line with The Code for Crown Prosecutors. Each case considered must not only pass the evidential stage but also whether it is in the public interest to take legal action.
In Suffolk we have an Authorisation to Prosecute (ATP) panel which looks at all cases requesting prosecution for non-regular school attendance.
The panel meets monthly to discuss cases and any submitter of a case is welcome to join in person or over Teams to support their request.
If you would like to attend the ATP panel meeting, please request at time of submission.
Submission requirements:
- Court pack guidance.
- ATP form.
- Section 9 witness statement which should include copies of letters to parents and any action plans.
- Certificate of registration signed by Headteacher or authorised deputy.
- Up to date registration certificate which should include the name of child and additional reasons recorded for absence.
Any incomplete court packs will be returned for resubmission.
The reason provided on the submitted ATP form alongside the up-to-date registration document are considered and decisions made. If a case is declined the requester will be informed of the reason.