School Attendance And Absence
WHAT DOES UK LAW SAY ABOUT THE ATTENDANCE OF A CHILD IN COMPULSORY UK EDUCATION?
The law states that all children in UK compulsory education (between the ages of 5 – 16 years) must attend school everyday the school is open for teaching enrolled pupils.
HOW DOES A SCHOOL KNOW YOUR CHILD IS ABSENT AND WHAT DOES IT DO?
All schools have an attendance register for each class which is taken every morning. If your child is absent and if the absence is unauthorised the school will call you (the parent) during the day to ask why your child is absent. You may also get a letter during the week asking for a reason why your child was absent.
WHAT IS THE MEANING OF BEING ABSENT FROM SCHOOL?
This means a child being absent from the premises where they are in compulsory education without the knowledge or permission of the school or local authority when the school is open for teaching of enrolled pupils.
WHAT IS A GOOD AND BAD ATTENDANCE RATE IN SCHOOL?
There are 365 days in the year of which there are:
- 104 days of the weekend
- 71 non school days (approximately)
- 190 school days (approximately)
Attendance rate of 100%.
A 100% attendance rate is the best a child can achieve. It is excellent attendance. Your child has attended all 190 school days.
Attendance rate of 95%.
A 95% attendance rate is the national average. This means your child has attended 180 school days out of a possible 190 days
Attendance rate of 90%
A 90% attendance rate is a cause for concern. This means your child has attended 171 school days out of a possible 190 days.
Attendance rate of 85%
A 85% attendance rate is a poor attendance rate. This means your child has attended 161 school days out of a possible 190 days.
Attendance rate of 80%
A 80% attendance rate is a very poor attendance rate. This means your child attended 152 school days out of a possible 190 days.
Where there is an attendance rate of 80% there is the possibility of outside agencies getting involved.
Attendance rate of 75%
A 75% attendance rate is a major cause of concern. This means your child has attended 143 school days out of a possible 190 days.
Where there is an attendance rate of 75% there is a high possibility of outside agencies getting involved.
WHAT IS UNAUTHORISED ABSENCE?
An unauthorised absence from school is when your child is not in school on a day when school is open for teaching enrolled pupils and the school has not agreed to the absence.
WHAT IS AUTHORISED ABSENCE?
Authorised absence is when the school has agreed and given permission for a child in compulsory education not to attend school for that day or a limited number of days.
Authorised absence can be granted for many reasons such as:
- Your child is on study leave.
- Your child is having dental treatment and you have provided proof.
- Your child is having medical treatment and you have provided proof.
- Your child has a hospital or GP appointment and you have provided proof.
- Your child has been suspended or excluded from school.
- Your child is not wearing the correct school uniform.
- Your child has a Cafcass or local authority meeting/interview and you have provided proof.
- Your child is attending a group with regards to their welfare. You must provide proof.
- Your child is genuinely ill.
- Your child is being educated elsewhere but not on school premises.
Occasionally the school can give authorised leave for special circumstances but these are rare:
- A family holiday.
- A religious festival lasting a few days.
- A trip abroad for a funeral.
To get authorised absence for your child you must contact your child’s form tutor or year head in advance and explain the situation. Provide evidence if required (a copy of a hospital letter). If the school feels the reason for the absence is legitimate then they will authorise the absence.
HOLIDAYS DURING TERM TIME
In today’s climate, it is extremely rare to get time off during school term time for a holiday. The head teacher will only grant this request in the most exceptional of circumstances. All requests for time off for a holiday must be put in writing in letter form or email to the head teacher.
ATTENDING FAMILY EVENTS AND RELIGIOUS FESTIVALS DURING TERM TIME
If you would like your child to take time off during school term time for a family event or a religious festival then you must ask the school/head teacher. This request must be in writing in letter form or an email.
TIME OFF FOR MEDICAL TREATMENT DURING TERM TIME
If your child has an appointment at the GP, dentist or hospital during the school day you will need to inform the school in advance in writing (either letter form or email) and get an authorised absence for your child. You should send a copy of the appointment letter with your request. If the appointment is short then perhaps your child could take part of the day off.
If your child needs many days off during school term time for medical reasons, it is very important to make an appointment with your child’s form tutor or year head and explain your child’s condition and what treatment your child is going to have. Take evidence in the form of hospital letters, prescriptions and medicines with you. Please click on the link below to read about our write up about children and medical needs.
LINK TO OUR L.I.P HELP GUIDE FOR EDUCATION FOR CHILDREN WITH MEDICAL NEEDS.
WHAT ARE YOUR LEGAL DUTIES AS THE PARENT OF A CHILD IN COMPULSORY EDUCATION?
By law the parents of a child in compulsory education must ensure their child attends school on a regular basis. They must attend every day the school is open for teaching of enrolled pupils.
WHAT CAN HAPPEN TO THE PARENTS IF THEY DO NOT MAKE SURE THEIR CHILD ATTENDS SCHOOL?
The parents of a child who is not attending the compulsory years of education will get fined £60.00 by the school or local authority. This will rise to £120.00 if not paid within a set time frame. This is an education penalty notice (EPN).
Under section 444(1) education act 1996 a parent can be fined up to £1000.00 if their child is regularly absent without authorisation. This is called a strict liability offence.
LINK TO GOVERNMENT WEB PAGE FOR SECTION 444(1) EDUCATION ACT 1996
Under section 444(1A) education act 1996 a parent can be fined up to £2500.00 and jailed for up to 3 months if their child is regularly absent without authorisation and they knew and they did not do anything about it. This is called an aggravated offence.
LINK TO GOVERNMENT WEB PAGE FOR SECTION 444(1A) EDUCATION ACT 1996
Under section 103 education and inspections act 2006 a parent can be fined up to £1000.00 by the local authority if their child is found in a public place during school hours once they have been excluded from school. The child must be of compulsory school age and is still on the admissions register at a school.
LINK TO GOVERNMENT WEB PAGE FOR SECTION 103 EDUCATION AND INSPECTIONS ACT 2006
Local authorities have powers to enforce a child’s attendance in compulsory education.
UNDER WHICH CIRCUMSTANCES DOES THE SCHOOL INFORM YOUR LOCAL AUTHORITY ABOUT YOUR CHILD’S ABSENCE?
If your child is regularly absent from school, has very poor attendance and has been absent from school for more than 10 days without an authorised absence then the school will inform your local authority.
UNDER WHICH CIRCUMSTANCES CAN A SCHOOL REMOVE YOUR CHILD FROM THE SCHOOL ADMISSIONS REGISTER?
Under regulation 8 of the education (pupil registration) regulations 2006 the school can remove your child’s name from the admissions register for the following reasons:
- Your child has been expelled from school
- Your child will not be returning to school because of a medical condition.
- Your child will not be returning to school because they have been prosecuted by the police and been in custody.
- Your child has moved to another school.
- Your child is home-schooling.
Under regulation 12(3) of the education (pupil registration) regulations 2006 the school has to notify your local authority that they have removed your child’s name from the admissions register.
LINK TO REGULATION 12(3) OF THE EDUCATION (PUPIL REGISTRATION) REGULATIONS 2006
LINK TO REGULATION 8 OF THE EDUCATION (PUPIL REGISTRATION) REGULATIONS 2006
WHAT IS A PARENTING CONTRACT?
Under section 19 of the anti-social behaviour act 2003, your child’s school and your local authority can help you sort out your child’s behaviour and get them back into school. The school or your local authority can make a formal agreement plan called the parenting contract with you. The local authority or the school will set out what help they can give you to help your child attend school on a regular basis. You (as the parent) have to agree to act on what directions are written in the parenting contract for a set time. This contract is intended to help you improve your child’s school attendance or find an alternative provision.
LINK TO GOVERNMENT WEB PAGE FOR SECTION 19 OF THE ANTI-SOCIAL BEHAVIOUR ACT 2003.
Occasionally the local authority will recommend and fund parenting classes for you.
A parenting contract is not legally binding. Independent (private) and non-maintained schools will not enter into a parenting contract.
Where the parents are finding it difficult to comply with the parenting contract it can be reviewed. If the parents are deliberating not complying with the directions in the parenting contract or not engaging with the school or local authority they will receive a warning. After this the parenting contract may be stopped. The local authority, if left with no alternative, may decide to prosecute you.
WHAT IS A PARENTING ORDER?
If your local authority feels that they have tried to engage with you to find a solution, had meetings, tried to provide help and have entered into a parenting contract with you but still your child is missing school and has irregular attendance then they may take you to court and ask the court to issue a parenting order. The court may also issue a parenting order if you and your child are not complying with a school attendance order (explained below). A parenting order can be enforced by the police and the local authority. You can appeal against the parenting order to the crown court. Failure to comply with a parenting order can result in a £1000.00 fine.
A parenting order usually contains directions for the parents to follow for up to 1 year and requires the parents to attend parenting classes if not already done so.
WHAT IS AN EDUCATION SUPERVISION ORDER?
Under section 36 of the children act 1989 your local authority can ask the court to issue an education supervision order. They normally issue this if they feel a child has irregular attendance, is missing lots of school or a child is not being educated properly.
A local authority officer will work with the child and parents.
If the officer feels the parents are not working with them and are being a hindrance, the local authority will take the parents to court and they could be fined up to £1000.00.
LINK TO GOVERNMENT WEB PAGE FOR SECTION 36 OF THE CHILDREN ACT 1989
WHAT IS A SCHOOL ATTENDANCE ORDER?
Under section 437(3) of the education act 1996 a school attendance order is issued by the local authority to parents where they feel the parents are not providing a suitable education for their child and require the child to register and attend a local school. A school attendance order is normally issued to home-schooling parents.
LINK TO GOVERNMENT WEB PAGE FOR SECTION 437(3) OF THE EDUCATION ACT 1996.
If the parents do not comply with a school attendance order they could be fined up to £1000.00 by the court. The court will allow the parents to state their case if they feel they are providing a suitable education for their child. If the court feels the parents are providing a suitable education the court will revoke the school attendance order.