The Kent parents hauled before court because their children won’t go to school
Published: 05:00, 07 November 2023
Updated: 13:45, 07 November 2023
Schools have faced a truancy epidemic of record proportions since the outbreak of Covid-19, meaning many parents are facing prosecution.
KentOnline reporter James Pallant spoke to some of those hauled before magistrates for failing to get their children to class…
As I watched on from the press bench in Folkestone, the room fell silent as Emily [not her real name] rose to her feet to explain why her 13-year-old had a 2% attendance record.
Her child is among the tens of thousands across Kent who were persistently absent from school last year.
“He says he doesn’t enjoy it, that the work is hard,” explained the distressed mum-of-three.
Court summons are reserved for only the most severe cases, where, if a child's attendance fails to improve, the county council can press ahead with a prosecution.
As proceedings got underway, magistrates imposed a blanket ban on identifying any of the children involved in the cases – essentially preventing us from naming any respective parents charged – which was unsuccessfully challenged.
Emily, from Margate, was visibly upset as she described her difficulty in trying to get her teenage son to attend lessons, while also managing the school-run for his younger siblings.
“We dealt with a lot as a family last year. There was a breakdown of a relationship – my former partner – and I think that affected my son in a lot of ways,” she continued.
“He didn’t like to be away from home, and he didn’t like his teacher, and a name the teacher used to call him.
“I’ve tried to explain to him what can happen to me if he doesn’t go – I’ve got two other kids and I can’t be in two places at once.”
In the UK, punishments for repeatedly failing to get children to school range from fines to three months in prison for the most drastic cases.
But there is a lengthy process between a teacher noticing a regularly absent child and parents’ names ending up on a court list. Normally multiple warning letters will be sent, along with offers of help from the council.
Experts say while bullying and social media can be a factor in absenteeism, more protective parenting and lower levels of resilience among youngsters are also a factor.
Laying down the severity of Emily’s case on behalf of Kent County Council (KCC), prosecutor Jo Richards said between December last year and May, the youngster only showed up a few times.
“[He] attended three out of 168 sessions. This represents an attendance rate of under 2%. 163 were unauthorised,” she told the court.
“It may be worth considering a community order.”
As magistrates could be seen listening attentively, Emily looked distressed as the reality of facing a prosecution dawned.
Despite her son’s attendance climbing to 25% this year, his mother was made to pay court costs and a victim surcharge totalling £96.
Chair of the bench, Stuart Fleet, told her: “We’ve heard about your circumstances, and what we’re going to do is deal with this with a conditional discharge for one year.
“Your son has got to improve his school attendance. Ultimately, you could go to prison for it.
“I appreciate he’s a teenage boy, and it’s difficult, but it is your responsibility – you’ve got to explain how important it is.”
Of course, some children play truant, while others experience anxiety or have educational needs that mean they find education easier at home.
But nevertheless, if teachers observe a youngster is routinely missing from the classroom the school will reach out to guardians to arrange an attendance improvement meeting.
Failing this, a letter will be sent to the child’s home address, followed by more phone calls, a formal letter, then an invitation to be interviewed under caution at the school, before a final warning letter goes out.
At a certain point, the school has a statutory responsibility to notify the county council, which in turn is obliged to bring criminal charges against parents.
And persistent absenteeism – more than 10% of lessons missed – is on the rise in Kent.
The latest available figures show 25.4% of pupils in the county were persistently absent in 2022/23 - almost double the pre-pandemic (2018/19) rate of 11.8%.
It means more than 50,000 pupils missed at least one in 10 lessons in the last academic year.
Emily’s son’s case of absenteeism was especially serious.
Considering she was potentially facing time behind bars, some might say her punishment was lenient, but other parents received harsher sentences.
“He says that he doesn’t enjoy it, that the work is hard...”
One mother whose Year 10 teenager attended just three out of 122 classroom sessions in the most recent academic year was made to pay a total of £994 in fines, costs and surcharges.
Emily had pleaded guilty to knowingly failing to ensure her child’s regular attendance at school.
But a grandmother charged with the same crime elected to take on the council at trial.
Speaking to KentOnline outside Folkestone Magistrates’ Court after pleading not guilty, she called KCC “cold-hearted”.
“It feels like the children’s feelings aren’t being considered at all,” she said.
Sitting on the courthouse steps, she told me how a series of complex family issues have contributed to a difficult homelife for her grandchildren.
“With all that they’ve gone through, everything that’s happened in the past has screwed with their heads,” she said.
“I think it shouldn’t just be the school saying ‘oh well, just get on with it and get them to school’. The children need help.
“I feel like KCC is being really insensitive towards our situation and it makes me feel like I have done a poor job.
“Of course, every parent wants their children to go to school, to learn and to make friends, but it doesn’t matter what you say to these people – all they see is the attendance sheet.”
Nicola Baldwin is a parent support engagement lead at Spurgeons, a children’s charity which offers help to families facing mental health problems, educational needs or domestic abuse.
I spoke to her a few days after my day in court. She told me schools not taking into account the plight of parents is a difficulty she hears about all too often.
“One of the biggest problems is that schools aren’t listening – they’re saying ‘we don’t have the funding’,” said Ms Baldwin.
“It is difficult – I know that they do have funding problems, but they’ve got to make this a priority.
“Missing school in the early years can have a snowball effect because it sets children up to fall behind in the fundamental reading skills. Being chronically absent affects exam results and the chances for success in college.”
To better understand the perspective of schools, I spoke to head teacher Dr Rowland Speller, who runs the Abbey School in Faversham.
Dr Speller says educators across the county are trying hard to address attendance issues, but that many classrooms are still recovering from the Covid pandemic.
“Every head teacher that I know is working tirelessly to engage families and ensure that children are in school where they can access learning and be supported,” said Dr Speller.
“Attendance took a dip across the whole of England during the pandemic, and is only recovering very slowly.
“There is lots of work being undertaken in all schools to address this.”
The reasons why a parent fails to ensure their child regularly shows up for school are often part of a complex set of economic and social problems.
So is charging mums and dads of critically truant children with a crime really a solution?
Far from incentivising parents to try harder, Ms Baldwin says the threat of legal proceedings, or the punishments imposed on conviction, only make the underlying circumstances worse.
“It’s exhausting for parents – they’re already trying to look after their child the best they can, and having the school on their case and then the courts, all of this adds pressure,” said Ms Baldwin.
“And I don’t actually think punishing parents serves any purpose.
“Losing money by being fined may well affect their ability to care for their children, and having to spend time in prison often leaves the child without the only person with which they feel safe.
“The parent may even lose their job because of a criminal conviction and prison time. How is this going to help a family?”
Last year 104 parents were brought before the courts charged with not ensuring their children regularly attended school.
But the council says this is done only as a last resort.
“Action is only taken by the county council following requests from head teachers after schools have made reasonable efforts and liaised with parents to tackle a child’s unauthorised absences,” said a KCC spokesperson.
“In extreme cases, to protect a child's right to a full-time education, parents may be prosecuted if they do not make an effort to improve their child's attendance or have allowed their child to miss school without a good reason.
“If a child refuses to go to school, the first step is to talk to the school about why the child is missing school and what it can do to help.
“However, various legal powers are available if a child is missing school without a good reason, including an Education Supervision Order, a School Attendance Order, or a fine (sometimes known as a penalty notice).”
If a parent is having difficulty getting their child to attend school, Ms Baldwin recommends, above all else, to listen to the child to understand what specifically is making them not want to go.
After that, she recommends contacting the school to find workable solutions.
“Sometimes it’s the whole school, but it could just be something that’s happened at lunchtime, or a problem with a specific teacher or a bully,” added Ms Baldwin.
“I think Covid threw a lot of people for a loop, but child anxiety has become worse in recent years for a number of reasons.
“Bullying on social media plays a role but I also think parenting is more protective these days and so children in general are not as resilient as they used to be.
“Ask the school for support on planning a manageable return to school and clear advice and options for school work to be done while studying from home, across subjects.”
KCC cabinet member for education and skills Cllr Rory Love and his deputy Cllr Sarah Hamilton both declined to be interviewed for this story.
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James Pallant