Being threatened with court action because your child can’t attend school is one of the most distressing things a parent can face—especially when that child has special educational needs, anxiety, or is awaiting support. At AskEllie, we hear from families all over the UK who are being dragged through the legal system instead of being offered the understanding and support they need.
This guide will walk you through what’s happening, what your rights are, and how to prepare if your local authority (LA) decides to take legal action.
Why Am I Being Taken to Court?
Under Section 444 of the Education Act 1996, parents can be prosecuted if their child “fails to attend regularly” at school. There are two levels:
- Section 444(1) – failing to ensure regular attendance (fine up to £1,000)
- Section 444(1A) – if the LA believes the absence was intentional or aggravated, penalties may include a fine up to £2,500 or even imprisonment (rare, but scary).
BUT: If your child’s non-attendance is due to illness, special educational needs, anxiety, or an unsuitable school placement, you may have a valid defence.
What Are My Rights?
You have the right to:
- Explain your child’s needs
- Present evidence that supports why school attendance has been difficult
- Challenge the suitability of the education provided
- Raise safeguarding or mental health concerns
- Request or highlight the failure to provide alternative provision or EHCP support
Many parents don’t realise that absence related to emotional distress, school-based anxiety, or unmet SEND can be considered a valid reason, especially if you have medical or psychological evidence.
Steps To Take Immediately:
- Collect Evidence
- Diagnosis or assessment reports
- EHCP (if you have one) or evidence of a pending application
- GP letters, CAMHS letters, therapist notes
- Emails with school or the LA about attendance issues
- Screenshots of communication if necessary
- Make a Written Statement
- Clearly explain your child’s needs, the impact of school, and what support you’ve requested or been refused
- Highlight any trauma, refusal behaviours, or safeguarding concerns
- Request Legal Support
- Contact SENDIASS in your area
- Use legal aid solicitors who understand SEND law
- Charities like IPSEA and SOS!SEN may be able to guide you further
- Ask the LA to Reconsider
- Remind them of their duties under the Children and Families Act 2014
- Ask why they are pursuing prosecution over offering support or EOTAS (Education Otherwise Than At School)
What Happens In Court?
If it goes to court:
- You can represent yourself, but legal representation is strongly advised.
- The magistrates will look at evidence of non-attendance but also your explanation and circumstances.
- If you have shown that you are doing everything you can to get help and support your child, it will be taken into account.
Remember:
You are not alone. Many parents are being wrongly criminalised for trying to protect their children from unsuitable, unsafe, or unsupported education environments.
Ellie was built for this exact reason—to help families navigate systems that often feel impossible.
If you’re facing court over your child’s attendance, visit AskEllie.co.uk for support, guidance, and free resources to help you stand your ground.
You are not a bad parent. You are a parent doing your best in a broken system.
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