The Council for the Administration of Criminal Justice and Youth Protection (RSJ) advises to stop criminally prosecuting young people who are often, structurally or long-term absent from school. Instead, a preventive approach should be developed, focusing on providing care and appropriate education to these young people. The RSJ deliberately does not use the word ‘truant’, because it has a negative connotation and the council wants more understanding for these young people between the ages of twelve and eighteen, who often suffer from psychological, financial or other problems.
The RSJ has drawn up advice at the request of the Ministry of Justice and Security. The reason was the announcement by the Public Prosecution Service in 2025 that it would no longer wish to prosecute young people who are structurally and long-term ‘absentees’. This should shift the focus to offering help to this group. This announcement raised the question of other organizations, such as municipalities, how they can tackle young people who do not attend school. Especially if criminal prosecution can no longer be used as a stick behind the door.
According to the RSJ, schools, education officials and other parties involved should focus more on what a young person needs to develop. Providing appropriate education or an adapted trajectory outside education should be more important than the question of whether someone is present at school.
Need care
Every year, between 1,700 and 1,800 young people come into contact with the law because they do not go to school. But according to the RSJ, there is no evidence that criminal prosecution will help get them back to school.
According to the council, these young people actually need care. Factors that may play a role in absenteeism include psychological complaints, illness or disability, giftedness, problems at home due to divorce. Poverty or care tasks that young people take on for parents or younger children can also be a factor.
The disadvantage of criminal prosecution is also that children can be stigmatized and show criminal behavior, says the RSJ. That risk is even greater if they are placed in a juvenile justice institution. This occurred in 101 young people in the period 2020-2025.
Office Halt
Young people aged 12 to 18 who do not go to school are punishable in the Netherlands unless they have a diploma at HAVO, VWO or at least MBO 2 level, or if they have an exemption from compulsory education. But before they have to appear in juvenile court, they have already gone through a long process. If they have not shown up to school for more than sixteen hours in a month, the school must first report this to the municipality’s attendance officer. He or she will then talk to the parents and the child to try to improve the situation. For example, the family may be offered youth care or the young person may follow a program at the Halt agency.
If that does not help, the municipality’s attendance officer can draw up a report. The Public Prosecution Service then decides whether the young person will be prosecuted or referred to the Halt office. The juvenile court judge can impose a fine, community service or supervision by youth probation.
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