Laws on School Attendance and Absence

The law throughout the UK serves to ensure that children receive an adequate level of education, either in a school setting or through alternative arrangements. Carried out by the Local Education Authorities (LEA), the law sets parameters that must be met to ensure that each child receives their education in a safe and reliable way. Part of these considerations includes regular attendance.

Section 7 of the Education Act 1996 makes it a parental duty to ensure that children of compulsory school age are in receipt of a suitable education through regular attendance at a school or other alternative arrangement. The following guide explains how the law monitors school attendance and absences, what is considered to be acceptable and how parents can be held legally accountable for failure to abide by the law.

Compulsory School Age

The law stipulates that a child is of compulsory school age from the first term following their 5th birthday. The compulsory school age period then runs from this term until the final Friday in June of the academic year that the child turns 16. Since September 2013, it became a legal requirement for all 16 years olds to continue with education or training until the end of the school year and this was further revised in September 2015 to make it a requirement for children to remain in education or a training programme until their 18th birthday.

What is legally considered to be a suitable education?

In order to be legal, the education that a child receives must meet the following criteria:

• The education must be full time
• The education must be effective and achieve its ambitions
• The education supplied must be suitable for the intended age, ability and levels of aptitude of the student or students. The education must take into account any special needs that the student might have and make provisions to meet these needs. 
• The education provided must equip the student for life in the community and their future life as an adult. The education must not hinder the child's prospects for later life.

The Law on School Attendance

All UK schools, even those that are independent, are legally required to keep registers of all admissions, and all schools excluding boarding schools are required by law to maintain attendance registers. The law, as outlined in the Registration (Pupil Registration) Regulations 2006 sets out that each school must name each child registered with them on the admissions register from the child's first expected day of attendance at the school. School absence by the child will be recorded and recognised as being either authorised or unauthorised.

Authorised absences are those that a school recognises as being due to one of the following reasons:

• A child's health. If a child is too unwell to attend school and the school believes that the illness is genuine, the absence will be noted as authorised. If long periods of absence are ongoing, or there are regular occurrences of illness absence, the school is entitled to request proof of the illness from the child's doctor.
• Prior permission is granted from the school. A parent is entitled to request a period of absence from the school, perhaps for a religious holiday or family event. The school is authorised to accept or decline such requests.
• The student has been excluded from the school
• Medical, optical or dental appointments have been arranged for the child.
• The school authorises study leave for the student
• The child is receiving education off-site

The school is required to give information to the local education authority (LEA) regarding children who have excessive amounts of time off school. This means that students who have been absent for more than 10 days without authorisation will have their details referred to the LEA.

Schools are obliged to meet safeguarding guidelines as laid out in section 175 of the Education Act 2002. This means that the school has a legal obligation to query and investigate unexplained absences of children registered with them.

Are parents allowed to take their children on holiday during term-time?

The school has the authority to authorise holiday leave for children during school periods in exceptional circumstances. Parents are required to submit an application to the headteacher of the school in writing as soon as possible, and the school will review the application. The school will consider the amount of leave requested along with any absences that the child has previously had and whether the child will miss any crucial periods in their education if they were to go on the holiday.

Parents who take their children on holiday during term-time without prior approval from the school are liable to be fined and can be prosecuted for non-attendance.

Which legislation governs a child's non-attendance at school?

If a child of compulsory school age does not regularly attend the school that they are registered with, the parent can be held accountable as per the legislation set out in the Education Act 1996. The act details two offences which are:

• 1) Section 444(1) Education Act 1996 - Children who are absent from school without authorisation can lead to a parent being found guilty of breaking the law. This section is a strict liability offence, and this means that it must only be demonstrated that the child has not attended school on a regular basis. Being found guilty of this offence can result in a fine of up to £1,000.
• 2) Section 444(1A) Education Act 1996 - This section refers to an aggravated offence. If a parent knew about the child's absence without having authorisation from the school and failed to take adequate action to prevent the attendance issues, they will be guilty of the offence. The parent can be subjected to a fine of up to £2500 and imprisonment for a period of up to 3 months.

There are a number of defences that can be used to these offences which include:

• The absence was authorised by the headteacher
• The absence was unavoidable because the child was ill or there was a genuine emergency.
• The child did not attend school because of religious reasons such as a religious holiday or observance
• The school is not located within the statutory walking distance of the home of the child. In these instances, the LEA is obliged to make travel arrangements for the child to attend school.
• The parents of the child are required to travel regularly because of their job.

How can parents be held accountable for non-attendance of their child at school?

There are a number of legal steps that can be taken if a child's attendance and absence become a concern for the school and LEA. Initially, parents can be presented with a Fixed Penalty Notice by the police, school or local authority if their child does not attend school. The penalty begins at £60 and increases to £120 if it is not paid within 21 days but is paid within 28 days. Parents do not have a right to appeal the Fixed Penalty Notice, and if they refuse to pay the fine they can be prosecuted.

Local authorities also have the ability to prosecute parents for non-attendance of their child at school without having to issue a fixed penalty notice first. The conduct of the local authority must always remain in line with the Police and Criminal Evidence (PACE) Act 1984 and their codes of conduct must be published for the community to access.

School Attendance Orders

If the LEA are concerned that parents are not providing children with an adequate level of education, and they believe that it would be appropriate for the child to attend school, they have the authorisation to apply for a School Attendance Order. This authorisation is granted under section 437(3) of the Education Act 1996 and the order means that the parents will be obliged to register the child at the school named. If the parents fail to follow the order, they can be prosecuted.

Education Supervision Orders

An Education Supervision Order can be applied for by the local authority under section 36 of the Children's Act 1989. This order would be applied for if the LEA believes that a child is not being properly educated and this authority extends to children who are registered at a school but whose attendance is not satisfactorily regular. When an Education Supervision Order is issued, a supervisor becomes appointed for the child and it is their role to support, advise, guide and direct the child and the parents to secure a sound education.