The meaning of the 6 months limitation period in prosecutions related to school attendance.

Department for Education did not have the information requested.

Dear Department for Education,

My question is in regard to the meaning of the 1980 Magistrates' Court Act, section 127 ''limitation of time'' in prosecutions under the 1996 Education Act section 444 1 and 1a (the failure to secure regular attendance at school of a registered pupil).

It has come to my attention that councils across the country have given different information about this to parents, hence my questions:

a) Is the 6 months limitation of time (see above mentioned legislation) calculated from the ACTUAL last unauthorised absence as recorded/ marked on the school register?

b) When a prosecution is initiated following the refusal of a parent to pay a Penalty Notice, is the 6 months limitation of time (see above mentioned legislation) calculated from the ACTUAL last unauthorised absence as recorded / marked on the school register?

c) Is there any situation in which the 6 months limitation of time (see above mentioned legislation) can be calculated from a different, LATER, date other than the actual last unauthorised absence as recorded / marked on the school register? If yes, please explain in detail.

Yours faithfully,

Karin Siemund

ACCOUNT, Unmonitored, Department for Education

Thank you for contacting the Department for Education. We can confirm that
we have received the Freedom of Information request you submitted.

We will respond to you within 20 working days.

 

ACCOUNT, Unmonitored, Department for Education

 

 

Dear Karin Siemund

 

Thank you for your recent enquiry. A reply will be sent to you as soon as
possible. For information; the departmental standard for correspondence
received is that responses should be sent within 20 working days as you
are requesting information under the Freedom of Information Act 2000. Your
correspondence has been allocated reference number 2018-0020375

 

Thank you

 

Department for Education

Ministerial and Public Communications Division

Tel: 0370 000 2288

 

Karin Siemund left an annotation ()

Just received the following reply via email (I will now do a new FOI request to the Ministry of Justice): ''Dear Ms Siemund 
Thank you for your request for information, which was received on 3 May. You requested “The meaning of the 1980 Magistrates' Court Act, section 127 ''limitation of time'' in prosecutions under the 1996 Education Act section 444 1 and 1a (the failure to secure regular attendance at school of a registered pupil).”

I have dealt with your request under the Freedom of Information Act 2000 (the Act).

The Department does not hold the information you requested. However, the information may be held by Ministry of Justice. I suggest that you make a new request to that organisation. Their contact details are:

Disclosure team
Postal Point 10.38, Floor 10
102 Petty France
London
SW1H 9AJ

data.access@justice.gov.uk

If you are unhappy with the way your request has been handled, you should make a complaint to the Department by writing to me within two calendar months of the date of this letter. Your complaint will be considered by an independent review panel, which were not involved in the original consideration of your request. ''