The Public Prosecution Service (OM) has decided not to prosecute cases where the compulsory education officer has not granted an exemption due to objections against schools based on the parents beliefs or convictions. This decision was made because there is insufficient legal basis to prosecute these cases.
Exemption from Compulsory Education
In the Netherlands, children from the age of 5 are subject to compulsory education. In some cases, an exemption from compulsory education can be requested, for example, due to illness or objections to direction. The latter means that, according to the parents, there are no schools in the vicinity that align with their beliefs or convictions.
The application for this exemption is assessed by the compulsory education officer. In 2024, more than 2100 young people had an exemption from compulsory education due to objections to direction. When the compulsory education officer rejects the exemption request, a report is drawn up. In 2024, this involved about 160 criminal cases. This was less than 8% of the total exemptions granted due to objections to direction that year.
Changing Jurisprudence
The changed position is based on advice from the Scientific Bureau of the OM. In recent years, it has become clear that the assessment framework used by compulsory education officers to evaluate these exemptions is insufficiently clear and the procedures are lengthy and complex. There are varying rulings from different courts, and there is no consistent line. The OM believes that these cases therefore provide too little legal basis for criminal enforcement.
Which Article 5b Cases Does the OM Still Prosecute?
In criminal cases based on Article 5b of the Compulsory Education Act, where it is clearly not met other formal requirements - such as not timely requesting an exemption before the child becomes subject to compulsory education - prosecution will certainly take place.
Follow-up
In recent years, it has become clear that the sanctions imposed by the court (partly conditional fines) have often not led to these children attending school.
The OM understands that this decision impacts the work of the compulsory education officer and is in discussions with Ingrado (National Association for Compulsory Education Officers), the Ministry of Education, Culture and Science (OCW), and the Ministry of Justice and Security (JenV) to explore alternatives to promote childrens school attendance.