School Fines and EBSA: What to Do When You Are Threatened with Prosecution

Being threatened with fines or prosecution when your child cannot attend school due to anxiety is deeply unjust. Here is what the law actually says — and how to protect yourself.

There is perhaps nothing more terrifying for a parent than receiving a letter threatening fines or criminal prosecution for non-attendance. When your child is experiencing EBSA, these threats feel like a cruel punishment for a situation you are desperately trying to fix. You are already managing morning meltdowns, extreme anxiety, and your own exhaustion. Being told you are breaking the law is the breaking point for many families.

However, the law regarding school attendance is nuanced, and parents of children with severe anxiety or SEN have specific legal protections.

The Law on School Attendance

Under Section 444 of the Education Act 1996, parents have a legal duty to ensure their child attends school regularly. However, there are statutory defences to this. The most important one for EBSA families is sickness or unavoidable cause. If a child cannot attend school because they are unwell — and this absolutely includes mental health conditions like severe anxiety or EBSA — the absence must be authorised by the school. You cannot be legally fined or prosecuted for an authorised absence.

The Problem: Schools Refusing to Authorise Absence

The crisis occurs when a school refuses to believe that a child is genuinely unwell. If a child is masking their anxiety at school, the Headteacher may see a child who is "fine when they are here" and conclude that the absences are a parenting failure. They then record the absence as unauthorised, which triggers the local authority's attendance team to issue fines.

How to Protect Yourself: The Medical Evidence

• •Go to your GP immediately. Book an appointment and clearly explain the physical and emotional symptoms of your child's anxiety. Ask the GP to document that the child is currently unfit to attend school due to severe anxiety/EBSA.
• •Submit the evidence to the school. Provide a copy of the GP's letter to the Headteacher and formally request that all future absences related to this anxiety be recorded as Code I (Illness).
• •Do not accept "We need a consultant's letter." Government guidance states that medical evidence can come from a GP — schools cannot demand specialist letters.

What if the Fines Have Already Been Issued?

• •Do not ignore the notice. The situation will escalate to prosecution if ignored.
• •Challenge it with evidence. Write to the Local Authority with your medical evidence and state clearly that the absence is due to illness (severe anxiety/EBSA) and that sickness is a statutory defence under Section 444(2A) of the Education Act 1996.
• •Involve your MP. If the LA persists despite medical evidence, contact your local Member of Parliament.

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