Netherlands advised to stop criminal prosecution for school truancy

The criminal prosecution of school truancy should be ended, and replaced as quickly as possible with a more appropriate and effective system for addressing students who skip classes, the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) recommends in a report.

Under the Netherlands’ Compulsory Education Act of 1969, repeated truancy can, in certain cases, lead to a criminal record for pupils or their parents if fines reach €130 or more. In such situations, the truancy officer files an official report with the Public Prosecution Service.

The RSJ argues that current policy places too much emphasis on criminal law and not enough on students’ personal development. In its view, the debate on tackling school absenteeism should focus on what young people need to reach their full potential. This means examining what kind of education and support is required to address the underlying reasons for truancy, the council said.

The RSJ therefore advises “to stop criminal prosecution and instead opt for care and appropriate education, because punishment usually does not solve the underlying problems.”

“Ensure, as soon as possible, a suitable and effective alternative, with a designated main authority responsible for tackling school truancy,” the RSJ writes. “This national approach should focus on the causes of and underlying issues behind school absenteeism. Parents should also be actively involved, and appropriate forms of education or alternative daytime activities should be provided.”

The RSJ is an independent advisory council that provides the Dutch government with advice on laws and policies related to the justice system and youth protection.

The use of criminal law to address school truancy has been under discussion for some time and has now been formally identified as a priority advisory issue for 2026.