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Attendance/Not in full time education

School attendance

Where parents decide to have their child registered at school, they have a legal duty to ensure their child attends that school regularly.

Schools are expected to discuss non-attendance with pupils and parents to listen to and understand barriers to attendance and agree how all partners can work together to resolve them.

Where absence persists and voluntary support is not working or not being engaged with, schools should explain the consequences clearly to parents and ensure that support is in place to enable families to respond. Depending on the circumstances this may include formalising support through an attendance contract or education supervision order.

Where all other avenues have been exhausted and support is not working or not being engaged with, attendance can be enforced through statutory intervention: a penalty notice in line with the National Framework or prosecution to protect the pupil’s right to an education.

College attendance

If your young person is finding it hard to attend college

College is different from school. At school, a child usually stays on the school roll unless they are permanently excluded or a parent asks for them to leave.

At college, a young person can be removed from their course if they stop attending.

This is partly because of how colleges get their funding.

Colleges must follow rules which say:
If a student is ‘not in learning’ for 4 weeks in a row, or if they are attendance is very low, they should be removed from their course.

If this happens:

  • The college must record that the student has left
  • Funding for that student stops
  • The leaving date is the last time the student attended or took part

This rule applies to all students aged 16–19, including those with an EHCP.

However, many colleges are proactive in supporting students to complete their education whilst working to improve their attendance. Furthermore, colleges must follow the Equality Act 2010 and make reasonable adjustments to support disabled students.

For more information and advice click here for Hampshires guidance on attendance to college and fitness to study.

Physical or mental health related absence and medical evidence

Schools must record absences as authorised where pupils cannot attend due to illness (both physical and mental health related). There is no need to routinely ask for medical evidence to support recording an absence as authorised for mental health reasons.

In instances of long-term or repeated absences for the same reason, however, seeking medical evidence may be appropriate to assist in assessing whether the child requires additional support to help them to attend more regularly, and whether the illness is likely to prevent the child from attending for extended periods. If a parent proactively seeks out a note from a GP, it does not imply a need for absence unless this is explicit in their letter.

Once a parent / carer has provided evidence from a medical practitioner, local authorities should not demand continuing evidence without good reason, even where a child has long-term health problems.

Part-time timetables

All pupils are entitled to a full-time education suitable to their age, aptitude and any special educational needs they may have. In some circumstances their full-time education may be provided part at school and part at another educational setting or alternative provision.

In very exceptional circumstances, where it is in a pupil’s best interests, there may be a need for a school to provide a temporary part-time timetable. For example, where a medical condition prevents a pupil from attending school.

A part-time timetable should not be used to manage a pupil’s behaviour.

A part-time timetable:

  • Should have the agreement of both the school and the parent.
  • Should be reviewed regularly and only be in place for the shortest time necessary.
  • Should have a proposed end date.
  • Can be extended as part of the regular review process.

If the pupil has an education health and care plan, the school should discuss the part-time timetable with the local authority so that any support package that is in place can be reviewed as swiftly as possible.

Alternative Provision

Where a child cannot attend school because of a physical or mental health need, and cannot access suitable full-time education, the local authority is responsible for arranging suitable alternative provision.

Alternative provision must be suitable to the child’s age, ability and aptitude, and any special educational needs they have.

There is no statutory timescale in which alternative provision must be arranged for pupils who cannot attend due to medical needs but guidance dictates that local authorities should ensure that such education is arranged as quickly as possible.

Alternative provision must be full-time unless a pupil’s medical condition makes full-time provision inappropriate. The law does not define full-time. In the case where alternative provision in one-to-one, the hours could be fewer than in school as the education may be more intensive.

Useful Links

The Child Law Advice website is an excellent source of legal advice about school attendance. Click here to visit the website.

Click here for “Working together to improve school attendance” guidance for schools.

Click here for the Government Guidance “Summary of responsibilities where a mental health issue is affecting attendance”

Click here to read guidance on “Arranging education for children who cannot attend school because of health needs”

Click here to read guidance on “Alternative Provision”

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