School attendance guidance and legislation
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School attendance guidance and legislation
This section aims to outline the legislative framework and pertinent government guidance that the Local Authority (LA), schools, and parents must adhere to in order to meet their responsibilities regarding school attendance.
Schools have an ongoing duty to actively manage and enhance attendance within their communities. Consistent school attendance is crucial for achieving positive outcomes for all students, including their safeguarding and welfare. Therefore, it should be regarded as a collective responsibility within the school. This responsibility begins with the senior attendance champion on the school's leadership team and extends to all school staff.
Relevant legislation
The Education Acts 1996 and 2002
The Crime and Disorder Act 1998
The Anti-Social Behaviour Act 2003
The Education and Inspections Act 2006
The School Attendance (Pupil Registration) (England) Regulations 2024
The Education (Parenting Contracts and Parenting Orders) (England) Regulations 2007
The Education (Penalty Notices) (England) Regulations 2007, as amended
The Education (Information about Individual Pupils) (England) Regulations 2013
The Children and Young Persons Acts 1933 and 1963
Relevant government guidance
Keeping children safe in education and Working together to safeguard children
Special educational needs and disability code of practice: 0 to 25 years
Alternative provision: statutory guidance for local authorities
Exclusion from maintained schools, academies and pupil referral units in England
Supporting pupils at school with medical conditions
Arranging education for children who cannot attend school because of health needs
Promoting and supporting mental health and wellbeing in schools and colleges
Preventing and tackling bullying
Key definitions
Who is a parent under Education law?
Section 576 of the Education Act 1996 (opens new window) defines a parent as:
- All natural parents, whether they are married or not;
- Any person who has parental responsibility for a child or young person; and,
- Any person who has care of a child or young person i.e. lives with and looks after the child.
When addressing concerns about pupil attendance, it is important that staff investigate and fully understand the family composition to ensure all parents as defined by the Education Act are identified. The Local Authority and school will need to decide who comes within the definition of parent in respect of a particular pupil when using the legal measures, but generally parents include all those with day-to-day responsibility for a child.
Who has parental responsibility?
- Parents married to each other at the time of a child's birth have shared parental responsibility (opens new window).
- Fathers who are unmarried at the time of a child's birth prior to 2003, even if their name is on the birth certificate, do not have parental responsibility unless: (a) they have a parental responsibility order, (b) have a residency order or (c) become the legal guardian of the child.
From 2003 Fathers that are unmarried at the time of birth but are named on the birth certificate do have parental responsibility.
It is important that staff and parents understand that the definition of a parent under the Education Act 1996 is wider than the definition of parental responsibility.
What is a parent's responsibility in law?
Education Act 1996 (Section 7) (opens new window) states that:
The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable -
(a) to his age, ability and aptitude, and
(b) to any special educational needs he may have,
either by regular attendance at school or otherwise.
This means that the parent of a child registered at a school has a legal duty to ensure the child's regular attendance. Failure to fulfil this duty is an offence under section 444 of the Education Act 1996 and could result in a penalty notice or prosecution.
Statutory school age
A child is of statutory school age from the first full term after they reach their 5th birthday until the last Friday in June in the academic school year that the child reaches the age of 16.
Therefore, if a child turns 5 between:
- 1st January and 31st March, they are of statutory school age on 31st March
- 1st April and 31st August, they are of statutory school age on 31st August
- 1st September and 31st December, then they are of statutory school age on 31st December
The legal responsibility for parents to ensure regular attendance at school or otherwise continues up to the last Friday in June in the academic year that the child reaches 16 years of age.
Persistent absence
A pupil becomes a 'persistent absentee' (PA) when their attendance drops to 90% or below for any reason whether the absences are authorised or not. Over a full academic year this would be 38 sessions (19 school days; equivalent to 1 day or more a fortnight across a full school year). Absence at this level is causing considerable damage to a child's educational prospects.
Severe absence
Severe absence refers to pupils who are absent for 50% or more. Severely absent pupils may find it more difficult to be in school or face bigger barriers to their regular attendance and as such are likely to need more intensive support across a range of partners. All partners should work together to make this group the top priority for support - this may include specific support with attendance or a whole family plan, but it may also include consideration for an education, health and care plan or an alternative form of educational provision where necessary to overcome the barriers to being in school.
What are a school's legal responsibilities for managing school attendance?
The law requires:
· All schools to have an admission register and an attendance register
· That school governing bodies, academy trusts, and other school proprietors have regard to the statutory guidance 'Keeping Children Safe in Education'
· Schools to put in place appropriate safeguarding responses for children who go missing from school
· All schools to notify the Local Authority (LA) when a pupil's name is to be deleted from the admission register
· All schools
The Working together to improve school attendance statutory guidance was published to help schools, trusts, governing bodies, and local authorities maintain high levels of school attendance. It emphasises a collaborative approach to identify and address barriers to attendance, ensuring that all students have the opportunity to benefit from consistent education. The guidance outlines expectations for schools and local authorities to develop a supportive culture, implement effective attendance policies, and work closely with families to promote regular attendance.
Chapter 2 outlines the expectations that all schools must comply with-
1. Whole School Culture: Develop and maintain a culture that promotes the benefits of high attendance and integrates it into the schools' ethos.
2. Clear Attendance Policy: Have a clear and accessible school attendance policy that all staff, pupils and parents understand.
3. Designated Senior Attendance Champion: Appoint a senior leader responsible for championing and improving attendance.
4. Accurate Record-Keeping: Accurately complete admission and attendance registers and have effective processes to follow up on absences.
5. Data Analysis: Regularly analyse attendance and absence data to identify pupils or cohorts needing support and implement effective strategies.
6. Collaboration: Work collaboratively with other schools, local authorities, and partners to address attendance issues, especially for pupils at risk of persistent or severe absence.
7. Support for Vulnerable Pupils: Be particularly mindful of pupils absent due to mental or physical health issues or special educational needs and provide them with additional support.
The aim of these measures is to ensure that schools proactively manage and improve attendance, fostering a supportive environment for all students.
School day and year
In England, local authority-maintained schools must open for at least 380 sessions (190 days) during a school year. In line with the length of the school week guidance published by the DfE in March 2022, the Government expects that, where not already doing so, state-funded mainstream schools should deliver a school week of at least 32.5 hours by September 2024. The 32.5 hour minimum includes breaks and lunch times as well as teaching time and any extra-curricular activities that all pupils are expected to attend.
School day
- Every school day must have two sessions divided by a break.
- The length of each session, break and the school day is determined by the school's governing body.
- The governing body has the power to revise the length of the school day.
- There is no requirement to consult parents.
School year
- Schools must meet for at least 380 sessions or 190 days during any school year.
If a school is prevented from meeting for one or more sessions because of an unavoidable event, it should find a practical way of holding extra sessions. If it cannot find a practical way of doing this, then it is not required to make up the lost sessions.
Academies, including free schools, set their own term dates and school day.
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