Education Ministry says some children have returned to school after truancy prosecution threat

David Seymour's tougher stance on truancy appears to be working in some instances. Photo / Michael Craig

Months after announcing tougher school attendance rules, the Ministry of Education is now considering prosecutions against parents in about 15 cases – and says the threat alone is working in some instances.

Associate Education Minister David Seymour announced the tougher stance in May, targeting parents who won’t send their children to school, rather than those who can’t.

Parents face fines of $30 a day, up to $300 for a first offence, and as much as $3000 for repeat cases.

Now an ERO report has found that 60% of students are attending school regularly – the highest since 2020.

The Government aims to lift that to 80% by 2030.

Seymour says prosecutions will send a message to parents neglecting their legal duty.

“Children who don’t attend school get less opportunities. In some cases, it’s actually parents who are costing children their future,” he said.

“For some parents, the threat of prosecution will be enough to make them take attendance seriously. For others, it will take actual prosecution.

“Once the first prosecutions are made, I suspect the latter will change their minds.”

Ministry operations leader Sean Teddy said no cases have yet been confirmed for 2025, but several are being reviewed.

“There have already been cases where the deterrent effect of a potential prosecution has resulted in children being re-enrolled and attending school.”

“These were long-running, complex and challenging cases for schools, attendance services and ministry regional staff,” Teddy added.

The ministry’s new guidance outlines the evidence required before cases can proceed, including attendance records, school support plans and any warning notices issued.

Teddy said the ministry’s role is to support schools and attendance services by working with families to re-engage children in education.

“Prosecution is considered a last resort, used only when all other efforts have failed and there is clear evidence of parental or guardian unwillingness to comply with their legal obligation to ensure their children attend school.”

Teddy said the rules around prosecutions for non-attendance have not changed.

“However, as part of our work to improve attendance, we’ve received feedback from school leaders that they would like the ministry to take a more active role in leading prosecutions for serious cases of non-attendance and/or non-enrolment.”

Seymour and the ministry were unable to comment on specific prosecution cases.

Jaime Cunningham is a Christchurch-based reporter with a focus on education, social issues and general news. She joined Newstalk ZB in 2023, after working as a sports reporter at the Christchurch Star.