Fine by school pre compulsory education age?

[Kidseh!]

I’ve received a fine for my child for non attendance at school.
I believed she didn’t need to request approval for absence as she isn’t compulsory school age until September.
i submitted the request to follow procedure not dreaming further action would be taken!
A fine has arrived from the LA. She’s 5 since April meaning according to government guidelines she’s compulsory education from September.
any advice on challenging this would be welcome xx
am I missing something? Can we be fined before she reaches compulsory education age?
Thank you for any advice xx

[des8]

Education Act 1996 sec444 Offence: failure to secure regular attendance at school of registered pupil.
(1)If a child of compulsory school age (my italics) who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence. (https://www.legislation.gov.uk/ukpga...56/section/444)

I would write back to the LEA reminding them of the actual wording of the relevant legislation.
Also take the matter up with my local county council.

[Kidseh!]

Thank you
i think they are being very unfair.
it may be an oversight on the admin team of that department.
at first I was just going to pay, then I thought no! xx

[JustAThought]

How did you get on?

The start of compulsory schol age seens to be the first school term after the child turns 5 years old. Is that cancelled out uf you start a child at school earlier?

"Your child must start full-time education once they reach compulsory school age. This is on 31 December, 31 March or 31 August following their fifth birthday - whichever comes first. If your child's fifth birthday is on one of those dates then they reach compulsory school age on that date."

[islandgirl]

If the child had started school then was taken out I do not see why the fine would not apply.

[des8]

If the child had started school then was taken out I do not see why the fine would not apply.

Can you point us to the legislation which applies to a child who has not yet reached compulsory school age?

[islandgirl]

It is interpretation I believe - " failure to secure regular attendance at school of registered pupil." = the child is registered. You cannot dip in and out of the system as far as I am aware - and rightly so. If the child had not started school there would be no issue. The wording works against the OPs argument not for it...

[des8]

Just glad I no longer have children of compulsory school age (or younger) as I'm sure I'd be in contention with the relevant authorities

The actual offence is:
"If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence."

I hope you don't pick and choose what parts of sections of an act you apply when sitting as a mag.

[islandgirl]

Indeed I do not! However are you contending good sir that a child can start school, the school receive the appropriate funding and begin his/her education and the parents can then decide only to send them in only occasionally? That seems against the spirit of the legistlation to me. I do see however that you could use your viewpoint to oppose a fine...and I am sure you would (to be fair so would I...)