London Borough of Camden v RB at Highbury Corner Magistrates Court

Imran Khan and Partners successfully represented a mother prosecuted by Camden Council under section 444(1) of the Education Act 1996 for taking her daughter out of school during term time to attend the funeral of her father and the child’s grandfather, who had passed away suddenly abroad.

The mother and her daughter, who are practising Muslims, travelled to attend the funeral in accordance with prescribed Muslim rituals, which require immediate burial and prayers. Despite the compassionate circumstances, Camden Council pursued prosecution after the mother refused to pay fixed penalty notices of eighty pounds and one hundred and sixty pounds.

At trial, the Council offered no evidence, and the case was dismissed.

Under section 444(1) of the Education Act 1996, it is a criminal offence for a parent to fail to ensure their child’s regular attendance at school if the child is of compulsory school age and registered at a school. This section applies when there is no evidence of the parent's intent, and a parent may be prosecuted for this offence, facing a fine not exceeding level three on the standard scale.

For more information or assistance, please contact Mr Pratik Patel at Pratik@ikpsolicitors.com or call 0207 404 3004.