In England, parents are increasingly facing fines for taking their children out of school during term time without permission. With the government wanting even stricter enforcement, more people than ever are being fined. Although in most cases the fine is paid, putting an end to the matter, for some families, getting a fine for school absence could have lasting consequences, especially if one of the adults is in the position of having to apply for a DBS check when looking for a new job.
Legal Consequences for Unauthorised School Absences
The government has introduced stricter rules to improve school attendance, and parents who take their children out of school face fines starting at £60, increasing to £120 if not paid promptly. From September 2024, these fines will rise to £80 and £160 respectively. If fines are not paid, parents can be taken to court, which might result in fines up to £1,000 or even a three-month prison sentence.
What Shows on a DBS Check?
A DBS certificate gives details about a job applicant’s criminal record and is often required for positions involving children or vulnerable adults. Minor fines for unauthorised absences (e.g., £60 to £160) typically do not appear on a DBS check, as long as they are paid off before it gets to the stage of taking the parent to court. At this point, fines are considered a civil matter.
Criminal Convictions
If, however, the fines are not paid, or if a parent is prosecuted and convicted for failing to ensure regular attendance, this is now a criminal matter and will be recorded. Convictions will be disclosed on all levels of DBS checks, depending on how recently the sentence was handed down. Once a conviction is spent, it will only appear on a standard or enhanced DBS certificate, not on a basic check. Furthermore, the Police has the power to “filter” convictions and cautions, which means that convictions which happened a long time ago, or which are not thought to be directly relevant to the position you are applying for, will not appear on your DBS certificate, whatever the level.
Impact on Employment Prospects
A criminal record related to school absences might affect your employment opportunities in the future. Employers can make recruitment decisions based on unspent convictions at their discretion, and each will have their own approach. For roles involving teaching or caring for children, employers are likely to view any criminal involving legal issues related to child welfare very unfavourably.
On the other hand, there are many types of employment which don’t require a DBS check at all, and as many employers have stopped asking about unspent convictions as standard, there is no way of them finding out. The best advice is that if you are fined for taking your children out of school for a holiday or for other reasons, to make sure that you settle the fine as soon as you become aware of it. That way, it can never affect your credit record, or criminal record.
