Dealing with school attendance and absence

This page provides information on the law of attendance and the steps schools and Local Authorities can take in relation to absence.

This guide applies to both maintained schools and academies.

Who has the duty to ensure a child attends school?

Section 7 of the Education Act 1996 places a duty on parents to ensure that their child (if the child is of compulsory school age)  receives a suitable education either by regular attendance at school or otherwise. 

A child is of compulsory school age from the term after they turn 5 years old. 

Who is defined as a parent?

A parent under Section 576 of the Education Act 1996 is defined as:

• All birth parents whether they are married or not
• Any person who has Parental Responsibility for a child
• Any person who has care of a child

What is the law on school attendance?

The law requires that all 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. Schools should take the attendance register at the beginning of the school day and once in the second session. On each occasion the school must mark down whether the child is present, attending an approved educational activity, absent or unable to attend due to exceptional circumstances.

The school should follow up any absences to determine why the child is absent, determine whether any safeguard measures need to be taken, identify whether the absence is approved or not and to find out the correct code to use to enter on the register. 

When can a school authorise an absence?

An authorised absence from school is when the school has given approval in advance  for a child of compulsory school age to be absent from school or when a school accepts justification offered afterwards as an explanation of the absence.

These can be:

• Leave of absence authorised by the school-this should only be done in exceptional circumstances and the school will need to consider each request on the specific facts.
• When a child is excluded from the school
• Holiday authorised by the school-this should not be authorised unless there are exceptional circumstances based on the individual facts and circumstances of the case. This is at the Head Teacher’s discretion as to whether to authorise a holiday. 
• Illnesses – schools should advise parents to inform the school on the first day when the child misses school. Schools should authorise absences due to illness, unless there is a concern about the veracity. Schools can request that medical evidence is supplied for absences and can record an absence as unauthorised if they are not satisfied about the authenticity of the illness but should advise parents of their intention.
• Doctors and dental appointments-however the school should advise the parent to try and arrange these for outside school hours.
• Religious Observance – The day must be exclusively set apart for religious observance by the religious body to which the parents belong.
• Study leave
• When a child is educated off site

What steps can a school take if a pupil fails to regularly attend school?

Sections 444A and 444B of the Education Act 1996 allows an authorised officer to issue a penalty notice to the parents for failure of the pupil to attend school on a regular basis. An authorised officer is defined as a police officer, an authorised officer of the Local Authority, a head teacher or a deputy head teacher authorised by the head teacher. 

The fine is of £60 in which the parent will have 21 days to pay. If the payment is not made within the 21 days, then a school can increase this to £120. If the parent does not pay this within 28 days, then the school should refer this to the Local Authority where they will decide whether they are going to prosecute a parent. Both parents can be fined for a pupil’s non attendance. There is no right to appeal against a penalty notice. 

The Education (Penalty Notices) (England) Regulations 2007 requires each Local Authority to have a Code of Conduct about issuing penalty notices and so a school would need to consult these before deciding to issue a penalty notice. 

When can the Local Authority prosecute a parent for a pupil’s non attendance?

Only Local Authorities can decide whether to prosecute a parent. There are two offences for non attendance:

• Section 444(1) – where a parent fails to secure the pupil’s attendance-a fine can be issued of up to £1000
• Section 444(1A) – where a parent knows that the child is failing to attend school and fails to ensure the pupil does so – a fine can be issued of up to £2500 and can also be sentenced for a period of up to 3 months. 

There are statutory defences a parent can raise.

What steps can a school take if a parent is struggling to get a child to attend school?

A school should firstly be trying to establish if there are any reasons for the non attendance, i.e. are there any medical/mental health conditions. If the parent is willing to cooperate then it would be best practice to put things in place to try and support the parent in trying to get the pupil into school. The school/parent can also ask the Local Authority for assistance in getting a pupil to attend school. An education welfare officer could be allocated to assist in school attendance.

The school or the governing body can enter into a parental contract with the parents. This is a voluntary signed written agreement and should contain:

• A statement by the parents that they agree to comply for a specified period with whatever requirements are set out in the contract; and 
• A statement by the local authority or governing body agreeing to provide support to the parents for the purpose of complying with the contract. 

Schools should record when a parental contract is not being complied with, as this can be used as evidence if the Local Authority decide to pursue a court order. 

All schools must inform the local authority of any pupil who fails to attend school regularly, or has been absent without the school’s permission for a continuous period of 10 school days or more, at such intervals as are agreed between the school and the Local Authority.

There are also orders the Local Authority can apply for if a pupil is failing to attend school. These are:

• Parenting Order – this will require parents to attend parenting classes and will include conditions relating to the pupil’s attendance that the parent must comply with
• Education Supervision Order - this is when a parent is not cooperating with a Local Authority and can include a supervisor assisting with the child’s attendance.