Understanding Truancy Laws

Author: Angela Armes

There are many different reasons why a child may play truant, but not only are they jeopardising their education, they are putting their parents into the firing line of the law.

Education and the Law

In the United Kingdom, children between the ages of 5 to 16 are obliged by law to receive a satisfactory level of full-time education, and parents should enforce this. However, there are children who are not receiving this level of full-time education because of the amount of time they spent playing truant, which is classed as unsanctioned time off. A teacher or head teacher has an obligation to ascertain from the child’s parents – in conjunction with a school welfare officer – why this truancy is taking place.

Why Children Play Truant

There most common reasons that children play truant are:

Bullying
Anti-social and unruly behaviour
Problems in the family home
Undiagnosed behavioural or emotional problems
General dislike of school

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What Can Be Done to Combat Truancy?

The problem of lost educational time due to truancy is one that all schools have to face from time to time. The instances of truancy may be limited to one or two individuals or it can be attributed to a gang of pupils who have the same disliking for school. Either way the problem needs to be addressed and dealt with as quickly as possible.

One way is to monitor exactly when children are in class. This can be done by having them sign attendance cards which are then signed by their parents and returned to the child’s teacher. In some cases, the children who are playing truant can find themselves in the care of a learning mentor who may be able to (a) help them learn and (b) establish what the underlying problem is?

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Parenting Contracts

Another option is to have parents sign up to a Parenting Contract; this written agreement is entered into between the parents of the child playing truant and also the local authority and school. These parenting contracts are not a legal and binding document, however, they are simply a means of attempting to engage the parents of the child in question in order to help them understand and deal with any behavioural issues the child may have.

Fines for Truancy

If a local authority decides that the circumstances surrounding persistent truancy are not being managed – or indeed are being influenced – by a parent, they can seek to prosecute the parent. This prosecution carries with it a hefty fine of up to £2,500 and, if the fine is not paid or the truancy continues, a magistrate can opt for a custodial sentence and also the intervention of social services.

For more information you should contact your Local Education Authority or your child’s school.

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Now that you have read through the advice above, you might want to put it into practice. Our Parental Rights Checker lets you check your legal rights as a parent on education, health and welfare decisions. Try it now →

29 questions

Ask Law and Parents a Question

Frances 22/06/2026 at 2:44 pm

My daughter in secondary school skipped 2 lessons this week she never actually left the school premises and was on the field all the time, she was anxious about a maths exam. Is this classed as Truant, school say it is but I think the legal definition is "stays away from school" she dudnt she remained af school. Please can you advise thanks

Gemspike 18/03/2020 at 5:40 pm

My daughter is in year seven and recived a detention on further investigation I found out this detention was given because of truancy, when I asked one why wasn’t I informed she’d been truanting the reply was “well she was sent out of class and it’s classed as that it’s in my policy” now my question is .. is this the case? because I can’t find anything and if not why would the teacher lie

Sara 15/12/2019 at 9:23 am

My son has just started secondary school. The school have threatened to fine me as his attendance is now 89%. My son has DMD and attendeds hospital appointment all the time. On Friday when the woman threatened me with the fine I called me sons main doctor and he emailed me a letter for the school. My sons Dad wrote a email and attached this letter. I have been looking for more proof and have this to take to the school to prove me son needs this time off.
While I’m doing all this the same woman has threatened my 11 year old critically ill son with fines he’s now said he’s worried about going to the hospital and being poorly as I can’t afford to pay fines.
I’m absolutely out raged and want to pull him out of school now. How dare this woman think she has any rights to threatened me son.

Mandamoo 13/11/2019 at 10:09 am

I really need to know if I have to pay for home tutor if I teach m daughter myself her school as me hounded now over her being off even though got sick notes etc to cover it I want her away from all the people holding her back help me before I end up getting myself in trouble

Mandatory 13/11/2019 at 10:02 am

My daughter has fell out with 7 friends well one really but she always BULLYS other to do what she wants am not gonna end my daughter to school , to be jumped by theses cause ovb if she fights with one , they will all jump in head agrees with me but I said I'd home tutor her , but there saying her exams she's gonna be in same room as them , so daughter saying she's not doing them , so am thinking what's the point of me tutoring at home for her not to do exams etc , can I just take her out she's 16

TAR 19/09/2019 at 8:18 pm

My daughter is 17 and is in her 2nd week of college. She has missed 4 days out of 8 already. She catches the bus in and buggers of round town till its time to come home. The days I have dropped her at college she waits till I leave then walks off site. What can I do? No amount of talking is making her understand. I had this for the last 2 years of school being threatened with fines etc. She is her own person now. I don't know what to do.

Sandra 03/12/2018 at 10:15 am

Can you please advise whether or not a school can issue a fixed term exclusion and give the reason as truancy - the young person concerned is looked after? Many thanks

LawAndParents Editor 24/07/2018 at 3:07 pm

Is the father's name on the birth certificate? If so he has parental responsibility.

jo 23/07/2018 at 11:46 pm

My husbands son was born before 1st December 2003, he was never married to the mother. His son live full time with his mother, he won't stay at our house and refuses to go to school. My husband has received a letter threatening court action if his son does not attend school. His son was living with us up until 2 years ago and he was attending school as his dad was taking him each day. The school do not send letters to my husband regarding his sons non-attendance, is this because he does not have PR?

Matrix1701 17/07/2018 at 12:38 pm

My step daughter keeps playing truant and going out in town with her mates . Me and my wife work full time and are not there when she is meant to go to school.
One what can we do and too were dose this put us with been fined if she is seen out and about?

LawAndParents Editor 14/03/2018 at 3:26 pm

Yes unless the grandparents have a special guardianship order or a residence order, the parents remain responsible.

buddy3 12/03/2018 at 4:03 pm

My step daughter has been in the day to day care of her grandparents since a violent incident at home. Her school was changed to be nearer to where she is living but shes refusing to go. Prosecution is now on the cards but the school have said it's not the Grandparents responsibility to get her to school it's ours even though we live 28 miles from the school and she lives with them. Is this correct?

Lisa 12/04/2017 at 11:37 pm

My daughter has been bullied since she started school on and off. The problem I have is it is parents as well as students, my daughter is nearly nine, the situation got worse when she went back after the summer holidays with the parent saying nasty things on the playground so my daughter would here as she came out the door and all the other parents where with this parent pointing and being cruel. I don't want to send her back after the Easter holidays I need help to get started in home schooling her asap.

Rose 21/10/2016 at 11:16 am

i have just writ a letter and signed it to let my son be home schooled as they gave a choice to kick him out try another school i know he will only continue his behaviour if he went to another school but i have no idea what I'm doing can anyone help

LawAndParents Editor 21/06/2016 at 10:00 am

Work with social services, if you show them that you have done what you can for your daughter that will help. Have you been into school to speak with your daughter's teachers? What have they offered to do to help? You might want to try calling the Family Lives helpline for some specific advice.

Bella14 19/06/2016 at 5:12 pm

My daughter is 15 years of age, two years ago she had a major operation on her spine and has still not returned to school, as she states 'she does not feel ready'. I have twice been taken to court first time was a conditional discharge and the second time I received a probationary order. I have spoke with social services who have only just realised how serious this is. They have now held a meeting and because my daughter refuses to attend medical appointments that have concluded that I am neglecting her..... Please help what should I do????

LawAndParents Editor 17/06/2016 at 12:33 pm

Here are a few to try, let us know how you go on: Family Lives School Homes Young Minds

Stephwar 15/06/2016 at 11:04 pm

The education welfare and the local support services don't seem to be doing much at all , they have denied me a family support worker as they have said that I don't need one , there seems to be no support for myself . Are there any charities that can help offer support or advice ?

LawAndParents Editor 16/03/2016 at 1:57 pm

That's really for the courts to decide, but if you present your case calmly and with all the facts, we'd hope that these would all duly considered. What is the education welfare officer doing to support you?

Stephwar 15/03/2016 at 7:13 pm

My son is nearly 15 and has been truanting , I have already paid a fine and he is still not going to school so I am now being taken to court , I have done everything in my power to get him to go including changing my hours at work so I can be at home in the morning , will the courts still prosecute me even though I have done everything I can ?, I have educational welfare involved but I don't believe I'm receiving the support that I need

LawAndParents Editor 04/03/2016 at 10:41 am

For the purposes of school policy etc a parent means:
"All natural parents, whether they are married or not
Any person who has parental responsibility for a child or young person
Any person who has care of a child or young person i.e. lives with and looks after
the child
The local authority and school will need to decide who comes within the definition of
parent in respect of a particular pupil when using the legal measures, but generally
parents include all those with day to day responsibility for a child." (.gov.uk)

sammy 02/03/2016 at 11:48 am

my husband has a daughter from a previous relationship it has recently come to our attention how poor her attendance is because we requested to see her attendance record and its 76% due to her telling us 'mummy didn't sending me to school and lied to my teacher and told me to lie' if the mother gets a truancy fine will my husband be responsible to pay half of the fine?

hoggy 20/12/2015 at 7:09 pm

I no longer live with my sons mother. She took him away during school time and has been fined. However, I have also been sent a fine but to my exes address. The date for paying has passed and is being taken up by the courts. Surely I should not have to pay a fine when it has not been sent to my address and I have not lived with my ex for over 6 years?

LawAndParents Editor 10/02/2015 at 1:51 pm

@angie. While they both have PR, the parent with day to day care would be responsible. As a good dad with PR, your husband should be getting involved though to see if he can help resolve this situation.

angie 06/02/2015 at 6:01 pm

my husbands son resides with his mother my husbands ex wife his son has been refusing to go to school she is now saying that my husband is also liable to a fine is this righty ?

LawAndParents Editor 12/12/2014 at 12:09 pm

@lee. You need to discuss this with the school, find out what their policy is and ask for help for your daughter if this is an issue.

Lee 11/12/2014 at 5:30 pm

My child has ADHD and gets confused or distracted about where she is supposed to go for class (usually in the morning when her Ritalin hasn't fully taken effect) but is on school premises and at worst arrives late in class. The school have now said that they are recording these lates as truancy even though she never leaves school and despite her condition. I always thought that truancy was leaving the school premises or not arriving full stop. Are the school right to mark lates as truancy?

LawAndParents Editor 09/12/2014 at 12:18 pm

@Dee. If the trip is part of the national curriculum - it's usual that all pupils will be expected to attend. Schools cannot however, exclude a child from taking part in an activity that is part of the national curriculum purely on the grounds that the parent or carer cannot make, or refuses to make, a contribution. Of the parent/carer cannot pay, then the school has to decide whether they can cover the costs of such activity from within the budget or by fundraising, or whether the activity has to be cancelled. If it's just the cost that's putting you off then you should speak to the school. Whether your child still has to go in to school on the day of the trip is at the school's discretion unfortunately. Most schools will however make arrangements for a child to go in with another class in these cases.

Dee 08/12/2014 at 9:45 pm

I didn't let my child go on a school trip and was told there wouldn't be any teachers at school for the kids that were not going on the trip and they would be marked absent. There was no mention of this in the letter. When i asked the headteacher about this she was more focused on the reason my child didnt go rather then what I was asking her. I'm concerned about this as these trips cost money and I cannot afford to send my kids on all the trips as I have 3 in school. I agree to let my child go to school but not on the trip. They travel on the train, three classes of 4-5yr olds in winter. My child is asmatic. And if she doesnt go on the trip she gets marked absent which wont look good on her report. Her attendece is always excellent and the school gives a reward for 100% attendance. The headteacher was no help and just said the school provide these learning trips and the children have to go or get marked absent. Can the school do this? Or can the school force my child to go if my child didnt want to go on the trip?

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