School attendance and absence: the law
The law requires parents to make sure their children receive full-time education suitable to their needs. For most children this means attending school regularly. As a last resort, schools and the Education Authority (EA) have legal powers to deal with poor attendance.
Your responsibilities as a parent
By law, all children of compulsory school age (normally four to 16) must receive a suitable full-time education. As a parent, you have a legal responsibility to make sure this happens - either by registering your child at a school or by making other arrangements to give them a suitable, full-time education. Once your child is registered at a school, you are legally responsible for making sure they attend regularly.
If they do not, you will be contacted by your child’s school or the EA in your region. The EA has a duty to step in if they believe a child is not getting the education required by law, either at home or at school.
If your child is missing school, you may be visited by a member of the Education Welfare Service (EWS) from the EA who will talk to you about your child’s attendance problems.
Compulsory school age
In Northern Ireland children normally start school in the September of the school year after their 4th birthday. This means children whose fourth birthday falls on, or between, 1 September 2014 and 1 July 2015, can join a P1 class at the beginning of September 2015.
Those children whose birthday falls in the summer months - 2 July to 31 August, do not start school until the following September.
A child continues to be of compulsory school age until they reach the age of 16.
If your child turns 16 between 1 September and 1 July (inclusive), they can leave school on 30 June of that year. However, if your child becomes 16 between 2 July and 31 August (inclusive), they cannot leave school until 30 June of the following year.
Worried that your child may have difficulty settling into primary school
If you have any concerns or feel that your child would need additional arrangements in order for him or her to settle into primary school, you should first contact the Principal of the primary school you wish your child to attend.
Guidance for parents on this issue is also available and can be viewed on the Department of Education website.
Support on school attendance
If you’re having trouble getting your child to go to school, the school and your the EA in your region can support you in several ways.
To find out more about the forms of support available - see ‘School attendance, absence and your child’.
Action on school attendance
A child registered at a school can legally miss school only in very limited circumstances.
- when the child is too ill to attend
- when the school has authorised the absence beforehand
If a child is missing school without good reason, schools and the EA have a number of legal powers that they can use.
The EWS in the EA receive referrals from schools when a pupil's attendance is a cause for concern or when attendance drops below 85 per cent.
The initial response to a referral of a pupil by a school to EWS is a home visit. This provides the Education Welfare Officer (EWO) with an opportunity to assess whether the absence is condoned by parents and if they are in a position to ensure regular attendance.
The EWS will go through a protracted process of trying to engage children and their families in developing coping strategies and mechanisms that will enable them to ensure children are educated appropriately.
They also work closely with a range of other agencies to ensure the complex needs that families may have, are addressed in the best way possible.
Parent Only Prosecutions are used as a last resort where parents fail to engage with the service and continue to ignore their child’s educational and welfare needs. However, this is only one of many avenues explored.
The EWS can apply to the courts to issue fines to parents of children who are not attending school regularly. In the Magistrates Court the maximum fine that can be imposed is £1,000 in respect of each child who is missing school.
Education Supervision Orders
The EWS may apply for Education Supervision Orders in the Family Proceedings Court and these are usually granted in cases that are clearly non-school attendance. However, an application for an Education Supervision Order may be refused if there are concerns about the child’s behaviour that are not totally about education.
In these circumstances the Court may direct Social Services to investigate a child’s circumstances under Article 56 of the Children (NI) Order 2005.