Attendance refers to when a pupil is not attending their school or setting but is expected to do so. If the school or setting is telling you that your young person is not allowed to attend, then this is considered a suspension.
My child is struggling to attend school
Some children struggle to attend school because of anxieties or difficulties that may be associated with their special educational needs and disabilities (SEND).
They may feel overwhelmed, and this may present as emotional distress, physical complaints (complaining of feeling sick or have tummy ache) or be threatening to harm themselves if you make them go to school.
Your child may be able to access some support from a specialist teacher. Each school in North Yorkshire has been allocated specialist teacher slots. Speak with the schools SENCO to see if you can access some of the school’s allotted time. Alternatively, you could make a referral to the SEND Hub for support. This is a link to their webpage where you will find links to the Hub Handbooks, giving referral criteria, and the referral form. SEND hubs | CYPSinfo (northyorks.gov.uk)
What should schools be doing to help?
Schools have a legal duty under the Children and Families Act 2014 (link is external) to work with you to identify and support any special needs that your child may have.
This means that if your child is struggling to attend school because of their SEND, their school should be working to offer appropriate support or to further investigate your child’s SEND if not enough is known about it.
Schools and partners should work in partnership with pupils and parents collaboratively to remove any barriers to attendance by building strong and trusting relationships and working together to put the right support in place.
Schools are expected to be particularly mindful of pupils absent due to mental or physical ill health, or because of their special educational needs and/or disabilities. They should provide them with additional support, pastoral care, and consider reasonable adjustments.
How should schools record my child’s attendance?
Schools must make sickness returns to the LA. The updated Attendance Guidance issued in August 2024 makes it clearer that schools must tell the local authority about children who are unable to attend school because of illness.
Schools have discretion to authorise absences. Code I (illness) is to be used when a pupil is unable to attend due to illness (both physical and mental health related) and code C can be used for exceptional circumstances.
By law schools must make accurate entries to the attendance register and from 19th August 2024, must submit all data to the Department for Education.
Working together to improve school attendance (applies from 19 August 2024) (publishing.service.gov.uk) (external link)
What can I do?
If you think that your child does not want to go to school because of their SEND, you could ask for a meeting with the school to discuss this.
If you feel that the school are not able to meet your child’s needs you can also consider requesting an education health and care needs assessment.
If your child already has an Education, Health and Care Plan (EHCP), it may need to be reviewed. For example, it may be that your child has developed new social, emotional or mental health needs that are not covered by the existing plan. If the plan is not due an annual review, you can request and early annual review.
Make sure you engage with any support that is offered. By agreeing to work with the school, you show that you are willing to find ways that might help your child. This does not mean ignoring your instincts, but if you refuse to engage with support you risk being fined.
You could also speak to your child’s doctor (GP) about your concerns. If the GP agrees that your child is not currently able to attend school, they may be able to provide a letter, to give as evidence to the school or local authority for their non-attendance. However, medical evidence for recording absences should only be needed in a minority of cases, and schools must not be rigid about the nature of the evidence. A conversation with parents can count as evidence. A doctor may also consider making referral to other services such as CAMHS (Child and Adolescent Mental Health Service).
If your child is not attending school due to a long term medical or mental health condition, you can find further information and advice on our medical needs in SEN Support.
When could I possibly incur a penalty notice for my child not attending school?
The framework for penalty notices in England is when the National Threshold (ten sessions, or five days) is reached. The appropriateness of a fine should be considered in individual cases and applied as a last resort, and only where it is the best available tool to improve attendance and change parental behaviour.
Schools and the local authority should consider why parents have not engaged with support, or why the support has not worked prior to legal action. The ‘why’ should indicate if a different form of support is appropriate.
In order to best support your child and to defend yourself if legal action is enforced it is vital to use written communication and keep records of events and progress.
For support and access to peer support for families with school attendance difficulties you could join a private ‘Not Fine in School’ group for more information visit: Not Fine in School – School Refusal, School Attendance and or visit their Facebook Page Not Fine in School: Family Support for School Attendance Difficulties | Facebook (both are external links)
Useful resources
Department for Education Attendance Guidance August 2024 Working together to improve school attendance (applies from 19 August 2024) (publishing.service.gov.uk) (external link) and Summary table of responsibilities for school attendance (applies from 19 August 2024) (publishing.service.gov.uk) (external link)
IPSEA Children out of school | (IPSEA) Independent Provider of Special Education Advice (external link)
Autism Trust Resources to Support Autistic Children and Young People (autismeducationtrust.org.uk) (external link)
Department for Education -Resources Resources for families | Children’s Commissioner for England (childrenscommissioner.gov.uk) (external link)
For mental health support visit the Mini Marketplace Mini Marketplace – The Go-To (thegoto.org.uk)
Mental health in schools – childlawadvice.org.uk
Anxiety and autism in the classroom
School Anxiety and Refusal | Parents’ Guide to Support | YoungMinds
School anxiety | (IPSEA) Independent Provider of Special Education Advice
Children and young people’s mental health | North Yorkshire Council
Children out of school: your top questions answered (ipsea.org.uk)
My child is out of school – what can I do? – Zoom
Getting temporary education put in place | (IPSEA) Independent Provider of Special Education Advice
School attendance and absence – childlawadvice.org.uk
Template letter 22: asking the local authority to arrange alternative education (ipsea.org.uk)