Importance of regular attendance
All children aged 5 to 16 must receive a suitable full-time education. By law, children must start school by the term after their fifth birthday. Compulsory education in England ends on the last Friday in June of the school year when your child turns 16 (this includes children whose birthday falls during July and August). They cannot leave school before this date.
Under The Education and Skills Act 2008, the age of compulsory participation in education or training has been raised to 18. Young people can choose to continue their education in a way that suits them, such as full‐time education at school or college, an apprenticeship, or full-time work or volunteering.
Most parents want their children to succeed in life, which means getting a good education and building future aspirations. Learning is a gradual process, and if children do not attend school regularly, they fall behind and struggle to keep up. Regular attendance helps children and young people to perform better at school and in their exams.
Being on time and having good attendance habits from an early age, benefits children later in life. It is not acceptable for children to miss school for:
- holidays and birthdays
- shopping trips and outings
- looking after brothers and sisters
- waiting for deliveries
- visiting relatives and friends
- lack of uniform
- translating for non-English speaking parents
Being late for school means your child misses the start of the day or lesson, which can disrupt their learning and that of other pupils. Lateness can become a bad habit that negatively impacts their future, and can lead to poor attendance.
The Department for Education has lowered the threshold for defining a pupil as persistently absent to 10%. If a child is persistently absent, their school may refer them to the Education Welfare Service or other agencies.
The Education Welfare Service may invite parents to meetings with the school to try to understand absence concerns and find solutions to improve attendance. This may involve working with various agencies to support children and their families, and advising parents of their legal responsibilities for their child’s education.
Meetings with the Education Welfare Officer, will be scheduled during the school day. Parents are expected to attend meetings to resolve attendance issues and support their child’s education.
The Education Welfare Service will help schools with strategies to promote attendance and address absences.
If attendance issues are not resolved, parents will be at risk of legal sanctions being instigated against them.
| Days of education | Days absence | Attendance | Chance of success |
|---|---|---|---|
| 190 | 0 | 100% | Great |
| 180 | 10 | 95% | Great |
| 171 | 19 | 90% | Worrying |
| 161 | 29 | 85% | Worrying |
| 152 | 38 | 80% | Serious concern |
| 143 | 47 | 75% | Serious concern |
Absence
The Education Welfare Service is working with schools and other agencies in Enfield to improve attendance. They are using the Department for Education's 'working together to improve school attendance (August 2024)' guidelines. The goal is to make sure everyone understands that improving attendance is a shared responsibility. The foundation of securing good attendance is that school is a calm, orderly, safe, and supportive place where all pupils want to learn.
Every child of compulsory school age is entitled to a full-time education that suits their age, ability, and any special educational needs. Parents are legally responsible for ensuring their child gets this education, whether by attending school, alternative provision, or home education.
Authorised absence
There are few valid reasons for a child to miss school. Minor illnesses, such as headaches, headlice, coughs, sore throat, and common colds are not valid reasons. Your child is still expected to attend school.
You should notify the school if your child will be absent due to:
- illnesses, such as chicken pox, measles or other infections that can be easily passed on. You may need to provide evidence, if the school have asked you to do so, such as prescribed medication labels, or letter from a GP or consultant
- exceptional family circumstances, such as bereavement
- medical appointments, which should be arranged outside of school hours if possible
- religious dates and observances officially recognised by the parents’ religion
- child performance applications
Unauthorised absence
Only the head teacher or principal can authorise school absences. Any absence not agreed by the school will be recorded as unauthorised. If your child has unauthorised absences, you will receive warnings and support offers from the school and Enfield Council. If attendance does not improve, parents can be prosecuted under the Education Act 1996 Sect 444.
Children should not be allowed to miss school without good reason. Parents must follow the school's policy when requesting absence.
Holidays during term time
Head teachers can only authorise a leave of absence in exceptional circumstances. If a head teacher grants a leave of absence request, they must determine the length of time the child can be away from school. Holidays are not generally considered exceptional circumstance, and should not be taken during term time.
Taking a child on holiday without permission, or staying longer than agreed, is an unauthorised absence and against the law. This could lead to the Education Welfare Service issuing a penalty notice, which if not paid, could result in a criminal record.
Punctuality
All pupils must arrive at school on time for registration. If your child is late for school, they could:
- miss out on important learning and instruction
- miss out on settling-in time
- miss social time with friends
- be embarrassed
It can affect academic achievements and social well-being.
Arriving after the register has closed is recorded as unauthorised absence, which is against the law.
Legal information
The Education Act 1996 states that all children of compulsory school age must receive an appropriate full-time education suitable to their age, ability, and any special educational needs. Compulsory school age starts the term after the child turns 5, and ends the last Friday in June of the academic year they turn 16.
Parents and carers whose children are absent from school without good reasons (unauthorised absence) are committing an offence.
Parents and carers are responsible for:
- registering their child at a school or making other educational arrangements
- ensuring their child attends their registered school regularly
- applying for planned absences
- notifying the school of unexpected absences
Schools must either:
- give permission for your child to be absent from school and mark the absence as authorised
- mark the absence as unauthorised
Penalty notices
Under the Antisocial Behaviour Act and Education (Penalty Notices) (England) Regulations 2007, penalty notices can be issued if a parent or carer fails to ensure their child's regular attendance, and absences are unauthorised. Penalty notices can be issued if a pupil has 10 or more unauthorised absences within a rolling 10-week period.
A penalty notice is an alternative to prosecution and does not require a court appearance. Payment of a penalty notice avoids convictions.
Penalty notices are issued to each parent for each child for the sum of £160 if paid within 28 days. This will be reduced to £80 if paid within 21 days. If the penalty is not paid within these time limits, we may start legal proceedings. There is no right of appeal and payment will not be accepted after the 28th day.
Prosecution
Prosecution may be initiated without a penalty notice being issued first, or if you have failed to pay a penalty notice. Prosecutions take place either:
- in the Magistrate’s Court under section 444(1) of the Education Act 1996. This offence carries a fine of up to £1,000 for each parent.
- in the Magistrates Court under section 444(1A) of the Education Act 1996. This offence carries a fine up to £2,500, and/or a 3-month custodial sentence for each parent if it is found that you knew about your child’s absences and failed, without reasonable justification, to ensure attendance.
If you fail to attend court for the hearing, the matter may either be dealt with in your absence or, occasionally, a warrant issued for your arrest. If found guilty, the Magistrates will sentence you in accordance with their sentencing powers.
The Magistrates may also consider imposing a parenting order, which consists of 2 elements:
- a core element requiring the parent to attend guidance sessions to help them in dealing with their child
- a control element requiring a parent to exercise control over ensuring attendance, and communicate with the relevant authorities
Parenting orders
Under the Crime and Disorder Act Sect 8(4), courts may impose a parenting order (PO), in addition to other penalties, in cases involving children of compulsory school age.
A PO can last up to a year, and requires parents to comply with the arrangements specified by the court. This might include attending parenting support classes or counselling, for help and support to improve their child’s school attendance.
A PO can be given to one or both parents or carers without their consent. Parents and carers must comply with terms specified on the PO. Any breach of the order could lead to a fine of up to £1,000.
Education supervision order
If the school and Enfield Council believe that voluntary support to improve attendance has been exhausted, we can consider an education supervision order (ESO). An ESO provides formal legal intervention without criminal prosecution. If we assess that an ESO is the most appropriate course of action, we will apply through the Family Court under the Children Act 1989 section 36.
A court-appointed supervising officer, will then give advice and directions to parents or carers, and pupils to ensure regular school attendance. If parents or carers persistently fail to comply with the directions given under the ESO, they may be guilty of an offence. Any prosecution for persistent non-compliance with the order, could lead to a fine of up to £1,000.
School attendance order
A school attendance order (SAO) will be issued under Section 443 of the Education Act 1996 if a child is not enrolled in a school, and we are concerned that arrangements to provide an alternative, suitable, full-time education have not been made.
An SAO directs parents and carers to send their child to a specified school. The Education Welfare Service will try to discuss the child's education with the parents or carers, but if this is unsuccessful, a notice is issued. This notice requires the parent or carer to show that education at a school or otherwise is in place within a specified time period (no less than 15 days from the date the notice is issued).
Defences to non-school attendance
Legal reasons (defences) for non-school attendance include:
- The child is sick or has other unplanned or unavoidable causes (which have been authorised by the school)
- The child is absent due to a day of religious observance in the parent’s or carer’s religion
- The school has granted and authorised the leave
- The child lives more than 2 miles (if under 8 years) or 3 miles (if over 8 years) from the school, and the local authority has not provided transport. This defence does not apply where parents have chosen to register a child at a school which is more than 2 miles (if under 8 years) or 3 miles (if over 8 years) from the home address.