A parent’s legal responsibilities

As a parent, you must make sure your child goes to school every day. This is your legal responsibility.

• Your child must go to school all day and every day that it is open. This is unless there is an explanation. For example, if your child is sick.
• Your child must be enrolled and going to school by the age of 6.
• Your child must go to school until they are 17 years old.
• If your child wants to leave before they are 17 for another program or employment, there are certain requirements that must be met. These must be approved by the department.
• Parents can be prosecuted if they do not make sure their child goes to school. This means being fined or getting a criminal conviction.

For more information, see compulsory school attendance.

The school’s legal responsibilities

If your child is going to be away, schools prefer that you let them know on that day.

Our staff have a legal responsibility to follow up when a child misses school.

They will contact you if:

• your child is absent and you have not notified them
• they are concerned about the number of days missed in a term.

If your child misses school

Away without letting the school know

If your child is away and the school has not heard from you, they will contact you. They might:

• send you an SMS or email
• call you.

Often missing school

If a school has concerns about how often your child misses school, they might contact you. This will be to see if they can help. They might:

• send you a letter or call you
• invite you to a meeting
• visit you at home
• organise support for you from one of the department’s social workers.

If you notice someone else’s child missing school

If you're worried about a child not going to school, contact their school. If you do not know the school, contact the department.

Supporting parents when a young person is not living at home

Most parents do everything they can to support their child’s education. Sometimes, especially with older teenagers, a young person may leave home or refuse contact with their family. This can make it difficult for parents to meet their responsibilities under the Education and Children’s Services Act 2019.

The Department understands that these situations are complex and often distressing for families. Our approach is guided by the best interests of the child, which the Act requires to be the main consideration in all decisions.

How the Department approaches enrolment and attendance concerns

When a young person is not enrolled or not attending, the Department aims to:

• understand what is happening for the child and family
• offer support and guidance
• work with other agencies where needed
• resolve issues through engagement rather than enforcement.

Enforcement action is not automatic. The Department considers each situation individually.

When a young person has left home or their whereabouts are unknown

If a parent tells us that their child has left home, is living independently, or cannot be located, this information is taken into account when the Department considers what steps the parent can reasonably take.

The Act recognises that a parent may have a defence to any enforcement action if they have taken reasonable steps to ensure their child is enrolled or participating in learning. What is “reasonable” depends on the circumstances, including the level of control or influence a parent can realistically exercise.

Before any prosecution can be considered

The Act sets out clear safeguards:

• A prosecution cannot begin unless the parent has first been issued a formal notice under section 61.
• The Department must consider the child’s best interests, the family’s circumstances, and the broader public interest principles that apply to government decision making.
• The Act provides for defences and prescribed reasons where circumstances are unavoidable.

These steps ensure that enforcement is used only when appropriate and after other options have been explored.

What parents can expect from the Department

Parents can expect that the Department will:

• talk to them if there are concerns about non-compliance with the Act
• listen to their concerns
• consider the circumstances of the young person’s situation
• provide information about available supports
• act in a way that prioritises the child’s wellbeing and right to education
• apply the Act fairly and consistently.

The Department cannot provide legal advice. Parents who need advice about their individual situation may wish to seek independent legal assistance.