Attendance

It can be distressing when your child is reluctant or refusing to go to school, sometimes saying they feel unwell or even having physical symptoms or becoming dysregulated.  It can be hard to balance school attendance with a child who is finding attendance difficult.   

It is important to get appropriate support as soon as possible.

• DO reassure your child and try to encourage them to tell you what the issues are.
• DO ask the school for a meeting as soon as possible.
• DO keep a record of dates and times when it happens and who you have asked for advice.
• DON’T feel pressured by the circumstances to take your child off roll.

Questions you might want to think about:-

• Has your child ever had issues with attendance before e.g. at primary school?
• If not, what has changed?  
• Are there any friendship issues?
• Do they feel safe at school?
• Have you taken them to GP to check there’s no underlying health issue?
• If your child is on SEN Support and what is being provided isn’t helping address the issues, have you or the school suggested an Education Health and Care Needs assessment ?
• If your child has an EHCP, has school suggested an Early Annual Review?
• Have the school completed the 'Lets Talk We Miss You Guidance' and gained your child or young person's views on what is happening for them?

If there are any concerns related to Emotionally Based School Avoidance (EBSA)

Sometimes, it can be difficult to pin-point the barriers to attending. If you know what may be affecting your child’s attendance, share this information with school.

Attendance cannot be looked at on its own and it will be important to discuss with school (or the local authority) your family and child’s wider needs and what support they might need to help them to attend.

Your child’s views and feelings are the starting point to understanding what may help them to attend or engage with education.   You can use our 'capturing child views' on Printable Resources

The Essex Local Authority have developed a toolkit for ‘Maximising School Attendance’ to provide schools with resources and information to help support pupils with their attendance. This is called Lets Talk - We Miss You Guidance, which is an Essex initiative written to provide school staff and other professionals with a first port of call guide on preventing pupil absence as well as identifying and supporting pupils who have school attendance difficulties.   An Attendance Difficulty Assessment form can be completed by the child/young person and the parent to help scale and identify the reason for the school refusal and the resources toolkit will help the school to find solutions and targeted support for the child or young person. 

You can read more about the things the school can do to help on Emotional Based School Avoidance

The school may ask you to attend an attendance meeting to discuss an action plan of support and provide some early help or they may suggest drawing up an attendance contract.  

Points to consider

• If your child/young person has SEND, you can discuss whether that may be impacting on their attendance.
• Share any medical evidence (in terms of both physical and mental health)
• If (where relevant) people refer to the need for Child and Adolescent Mental Health Services (CAMHS), highlight the waiting times for CAMHS, and emphasise the need to act regardless of diagnosis. NB. CAMHS is not the only provision for mental health support. There has been training made available for all schools to support children’s mental health and well-being needs. 
• If you have other children who are regularly attending the same school, you could make the point that it’s not because you don’t understand the importance of school attendance that your child isn’t attending.
• It might be helpful to describe your home morning routine on school days
• Sharing your child's views may help to identify the reason for the absence (you can use our child views sheets to gain your child's views on) Printable resources

Find out more on planning and preparing for meetings on  Raising Concerns

Questions to ask at the meeting

• How is your child’s absence being recorded?
• Have school taken into account your child’s special educational needs and disability?
• Have the school identified the reason your child is not attending and followed the 'Lets Talk We Miss You' Good Practice Guidance?
• Has school asked for advice from local authority professionals, for example attendance specialist teams or Engagement Facilitators?
• Has the school considered/ explored Alternative Provision?
• Does the school have a counsellor? Could they meet with child or young person? 

If there are any concerns relating to 'Emotionally Based School Avoidance' 

Some children may not be able to attend school for health reasons (in terms of both physical and  mental health) for long term or intermittent periods.

You should contact your child's school as early as possible on the first day of absence to explain the reason they are unable to attend school.  If you do not, your child’s school will contact you on the first morning of their absence to find out why your child is not in school. 

If your child is too ill to attend school, it will be recorded as Code I Authorised.  If the absence due to illness is ongoing or frequent you should speak to your child’s school to see what support can be put in place.  You can read about Supporting Medical Needs

Providing Medical Evidence 

The Department of Education Working Together to Improve School Attendance August 2024  states that in the majority of cases a parent’s notification that their child is too ill to attend school will be that evidence and can be accepted without question or concern.  Only where the school has genuine and reasonable doubt about the authenticity of the illness should medical evidence be requested to support the absence.

If you are asked to provide evidence this does not need to be a letter from your doctor or consultant and doctors will not usually provide such letters.  It can, instead, be appointment cards, prescriptions, or notes of previous consultations (including from the NHS App).

Code I: Illness (not medical or dental appointment)

 

62. Medical evidence for recording absences should only be needed in a minority of cases (see Code I).  Where a pupil’s health need means they need reasonable adjustments or support because it is complex or long term, schools can seek medical evidence to better understand the needs of the pupil and identify the most suitable provision in line with the statutory guidance in supporting pupils at school with medical conditions or arranging education for children who cannot attend school because of health needs.

 

365. Schools are not expected to routinely request that parents provide medical  evidence to support illness absences.  Schools should only request reasonable medical evidence in cases where they need clarification to accurately record absence in the attendance register, i.e. making a decision that code I is the absence code that accurately describes the reason the pupil is not in school for the session in question.  In the majority of cases a parent’s notification that their child is too ill to attend school will be that evidence and can be accepted without question or concern.  Only where the school has genuine and reasonable doubt about the authenticity of the illness should medical evidence be requested to support the absence.

 

366. Where medical evidence is deemed necessary, schools should not be rigid about the form of evidence requested and should speak to the family about what evidence is available.  Schools should be mindful that requesting additional medical evidence unnecessarily places pressure on health professionals, their staff and their appointment system, particularly if the illness is one that does not require treatment by a health professional.  Where a parent cannot provide evidence in the form requested but can provide other evidence, schools should take this into account.  Where a parent cannot provide any written evidence the school should have a conversation with the parent and pupil, if appropriate, which may in itself serve as the necessary evidence to record the absence.

 

Ipsea provide further clarity on providing evidence on My child’s school says it can’t authorise her absence due to illness because I haven’t been able to provide a letter from a Consultant.

If you child is unable to attend school due to illness or for other reasons you can discuss with your child's school, the option of alternative education provision.  

Section 19 of the Education Act 1996 outlines the legal duty for the local authority to secure suitable, full-time alternative education or otherwise than at school (EOTAS) for those children of compulsory school age who, by reason of :-

• illness, preventing them from being able to attend school;
• they have been permanently excluded from school or otherwise; or
• may not for any period receive suitable education unless such arrangements are made for them.

You can read more on requesting Alternative Provision

Parents should not be placed under pressure by schools to electively home educate their child. The Department for Education recognises this as a form of Off-rolling: exploring the issue - GOV.UK.

Parents often feel pressured into home education to avoid prosecution for non-attendance or permanent exclusion. Elective home education should always be the parent’s choice and a positive step.   The decision to home education should only be made with full awareness of all options available, rather than under the impression it is the only option. 

If your child or young person has an EHCP and is struggling with attendance, it’s important to let the SEND Operations Team know. This includes situations where your child:

Section 7 Education Act 1996 places a duty on parents to ensure that their child of compulsory school age receives a suitable education either by regular attendance at school or other suitable provision.

The School’s headteacher decides if they wish to fine unauthorised absences from school by issuing a Fixed Penalty Notice. The headteacher then requests by a referral to the Local Authority to issue a fixed Penalty Notice on his or her behalf.

There is no right of appeal against a Fixed Penalty Notice once it has been issued. If you believe you have been incorrectly issued with a penalty notice you should request a meeting with the Head Teacher or authorised Deputy.  You will need to provide evidence of the reason your child/young person is unable to attend school and ask the penalty notice to be withdrawn. You can also raise your concerns to the Governing Body.

There are some limited defences to a penalty notice:-

• The head teacher authorised the absence.
• The child could not attend because of sickness or ‘unavoidable cause’ in an emergency. Case law has held that anxiety arising from bullying, behavioural or mental health difficulties or a ‘chaotic lifestyle’ should not be considered an ‘unavoidable cause’.
• The child was absent on a day exclusively set apart for religious observance.
• The school is outside of the statutory walking distance of the child’s home and the Local Authority has a duty to make travel arrangements in relation to the child under and has failed to discharge that duty
• The child is not registered at the school and the parents are providing a suitable alternative education.
• The parents’ trade or business requires them to travel from place to place.

You can read our information on Penalty Notices

If you are considering home education because you are worried about penalty fines please get in touch with SENDIASS and we can talk through alternative options.  Read our question on 'Asking for help when your child is experiencing attendance difficulties?'

Where a voluntary early help plan or formal attendance contract has not been successful, an Education Supervision Order (ESO) can be issued to provide formal legal intervention without criminal prosecution.

The Local Authority can apply for an Education Supervision Order under section 36 Children’s Act 1989 if it believes a child of compulsory school age is not being properly educated. This can include irregular attendance at school.

Under the Education Supervision Order, a supervisor will be appointed for the child who will advise, assist, and give directions to the child and their parents to ensure that they are properly educated.

The order initially lasts for one year, but extensions can be secured within the last 3 months for a period of up to 3 years at a time.

The directions of the supervisor will override any obligation placed on the parents under section 7 and section 444 of the Education Act 1996.

If you have received a summons for court for one of the above offences, you should seek the advice of a criminal solicitor and check whether you qualify for criminal legal aid. Some courts can provide duty solicitors, who may be able to advise and represent you at a hearing, usually if there is a risk of imprisonment.

We are unable to provide further information or advice once a summons has been issued as the matter is then covered by criminal law and not education law.

The court can impose a Parenting Order following a successful prosecution for irregular attendance or failure to follow a School Attendance Order.  A Parenting Order can also be made up to 6 months after a Parenting Contract has been entered into.

The court can impose an order on its own if the Local Authority or governing body apply for this within 40 school days of a child’s serious misbehaviour, or review of a child’s exclusion. The order will:

• require parents to attend parenting classes for up to 3 months, to support them in improving the child’s behaviour;
• require parents to comply with other conditions, for up to 12 months.

Parents have a right of appeal against an order to the Crown Court.  A responsible officer from the school or Local Authority will supervise the order.  Breach of the order without reasonable excuse can lead to a fine of up to £1,000.  The police can enforce the order.

You can read further information on Parenting Orders from Family Lives

If the parents do not register the child at a school after the School Attendance Order has been issued, the Local Authority may choose to prosecute.  The case will then go to the Magistrates Court and the parent(s) will be given the opportunity to show that a suitable education is being provided.

If the Court find that the education provided is not suitable, parents can face a fine of up to £1000.  If the parent(s) are acquitted, the Court can direct that the School Attendance Order be discharged and no longer in force.

All schools, including independent schools, must maintain an Admissions Register and all schools except boarding schools must have an Attendance Register.  The Registration (Pupil Registration) Regulations 2006 require a school to put the child’s name on the Admissions Register on the first day that the child is expected to attend school.

If the pupil does not attend, they will be recorded as absent – this can be authorised or unauthorised.

A school will authorise an absence if:

• the child is too ill to attend and the school accepts this as valid (although if the child is off for long periods the school might ask for proof from the doctor);
• the parent has got the advance permission of the school e.g., for a holiday, religious observation;
• the child has a medical or dental appointment;
• the child is on study leave;
• the child is being educated off-site;
• the child has been excluded.

Schools must regularly inform the Local Authority of any pupils who are frequently absent from school, have irregular attendance, or have missed 10 school days or more without the school’s permission.

Schools also have a safeguarding duty, under section 175 Education Act 2002, to investigate any unexplained absences.

A child is of compulsory school age at the beginning of the 1st term after their 5th birthday, so:

• children who turn 5 between 1st January and 31st March will be of compulsory school age at the beginning of the school term after 1st April;
• children who turn 5 between 1st April and 31st August will be of compulsory school age at the beginning of the school term after 1st September;
• children who turn 5 between 1st September and 31st December will be of compulsory school age at the beginning of the school term after 1st January.
• A child remains of compulsory school age until the last Friday in June in the school year that they turn 16. Since September 2015 all 16-year-olds are required to remain in education or training until their 18th birthday.

Attendance is recorded in the school register.  School must take the attendance register at the beginning of each morning session and once during each afternoon session.  The school use national attendance codes and absence codes for every pupil (of both compulsory and non-compulsory school age). 

These codes enable school to monitor attendance and record the reason for any absences.   You can read your school's attendance policy for further details but below are some examples of how codes can be used:-

Code L: Late arrival before the register is closed.

Code U: Where a pupil has arrived late after the register has closed but before the end of session.

Code C2: Where a pupil is on a part-time timetable and/or remote education timetable.

Code V: Attending an educational visit or trip.

Code E: Suspended or permanently excluded.

Code T: The T Code must only be used where a pupil is a ‘mobile child’.  A mobile child is a child of compulsory school age who has no fixed abode AND their parent(s) occupation means they must travel from place to place.  This code does not apply when a pupil has no fixed abode due to homelessness.

Code B: Where the school have commissioned an off site educational activity for a pupil (not commissioned by the LA).

Code K: Where the local authority have commissioned alternative provision.

Code Y7: Where a pupil will have a staggered start or other unavoidable cause that prevents the pupil attending. 

Code D: Dual registered at another school.

Code W: Attending work experience.

 

Absent codes

Code I: illness (not medical or dental appointment) 

Code N: Reason for absence not yet established

Code M: Leave of absence for the purpose of attending a medical or dental appointment

Code S: Leave of absence for the purpose of studying for a public examination

Code R: Religious observance

Code G: Holiday not granted by the school

The education must be:

• full-time;
• efficient.  The education must achieve what it sets out to achieve;
• suitable to their age, ability and aptitude and any special educational needs they may have.  The education must equip the child for life within the community and must not limit a child’s options in later life.

Head teachers will only authorise holiday during term-time in exceptional circumstances.  You should put your request in writing to the school as soon as possible.  If you go on a holiday without the authorisation of the head teacher, you may be liable to pay a fine and/or be prosecuted for non-attendance.

With the introduction of the new National Framework for Penalty Notices, you can read the Essex County Council guidance on Helping parents to understand the changes to term time holidays

If attendance begins to drop, then parents should expect contact from the school to discuss current attendance levels and how they can support their son or daughter in attending school. 

Generally, if schools have concerns about persistent absence, they will notify parents by letter that they will monitor their child's attendance and parents may be invited to attend an attendance meeting if necessary.  An attendance contact may be drawn up. 

If your child is unable to sustain regular school attendance for reasons relating to an ongoing physical or mental health need, or other circumstances beyond parental control, a Section 19 referral should be considered for alternative arrangements to best support your child.

Parents, schools and other professionals may make a request for Section 19 support. You can ask your school to make a medical referral to the Education Access Service for support. 

You can read more about Supporting Medical Needs 

A school can only remove a child’s name from the school roll in particular circumstances, as set out in Regulation 8 of Education (Pupil Registration) (England) Regulations 2006.

The school has to inform the Local Authority under Regulation 12(3) Education (Pupil Registration) (England) Regulations 2006 of any pupil who is going to be removed from the admissions register where:

• the child will be home educated;
• the child has moved away and no longer attends school;
• the child has a medical condition and is certified as unlikely to be in a fit state of health to attend school;
• the child is in custody for more than 4 months and it is not reasonably believed he/she will return to school;
• the child has been permanently excluded.

Government guidance is clear that if a school cannot manage a child and requests that the child be removed from site then it should only be done as an official exclusion.

 

The Department for Education Suspension & Permanent Exclusion Guidance states:

 

20. Any exclusion of a pupil, even for short periods, must be formally recorded.  It would also be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet, or for a reason such as academic attainment/ability or the failure of a pupil to meet specific conditions before they are reinstated, such as to attend a reintegration meeting.  If any of these unlawful exclusions are carried out and lead to the deletion of a pupil’s name from the register, this is known as ‘off-rolling’.