If your child is of compulsory school age 5 to 16 years old, you are required by law (Section 7 of the Education Act 1996) to make sure that they receive a full time education suitable to his or her needs (about 25 hours a week for primary aged children and 27.5 for secondary), either by attendance at school or through some other means (e.g. home educating).
Education must be:
- Full time.
- Efficient – the education must achieve what it sets out to achieve.
- Suitable to their age, ability and aptitude and any special educational needs they may have
What is compulsory school age?
A child is of compulsory school age the first term after their 5th birthday until the end of the academic year of their 16th birthday.
– Children who turn 5 between 1st January and 31st March will be of compulsory school age at the beginning of the school term after 1st April.
– Children who turn 5 between 1st April and 31st August will be of compulsory school age at the beginning of the school term after 1st September.
– Children who turn 5 between 1st September and 31st December will be of compulsory school age at the beginning of the school term after 1st January.
A child remains of compulsory school age until the last Friday in June in the school year that they turn 16.
Young People aged 16 to 18 must either:
– stay in full-time education, for example at a college
– spend 20 hours or more a week working or volunteering, while in part-time education or training
What does the Law say:
The Registration (Pupil Registration) Regulations 2006 require a school to put a child’s name on the admissions register on the first day that the child is expected to attend school.
If the pupil does not attend they will be recorded as absent. This can be marked as authorised or unauthorised absence.
There are a few reasons a school will authorise an absence. For example, if your child is too ill to attend, or if you have been given permission from the school in advance.
Other reasons might include attending medical appointments, or if the child has been excluded.
Please find further information here on:
Children with Medical Needs
Children with Health Needs
Responsibilities where a mental health issue may be affecting attendance: New Guidance 2023
Schools have to inform the local authority of any pupils who are regularly absent from school, have irregular attendance, or have missed 10 school days or more without the school’s permission.
Schools are also under a safeguarding duty, under section 175 of the Education Act 2002 to investigate any unexplained absences.
Every child has a right to an education and it is illegal for a parent/carer to fail to provide, a child of compulsory school age, with an education.
A Head Teacher or the local authority may issue a penalty notice for unauthorised absence.
If you believe you have been incorrectly issued with a penalty notice you should raise your concerns with Governing body.
If you have been issued with an Attendance Order because of your child’s absences from school, you should contact the relevant person or department to explain that your child has special educational needs and is experiencing mental health difficulties.
Suggest to them that serving an Attendance Order in these circumstances would be premature and inappropriate, and what is needed is co-ordinated action by support agencies to identify and make provision for all of your child’s needs.
Hopefully, once everyone involved realises that your child’s non-attendance is to do with their anxiety and SEN rather than deliberate truancy, the threat will be withdrawn.
If the Local Authority continue with the Attendance Order, or actually serve it, you will need to speak to a solicitor who is familiar with education law.
Please check here if you qualify for LEGAL AID
If you are concerned regarding your child’s attendance please review the information on the IASS Equality & Inclusion page of this website or call us to discuss.
School Anxiety and Avoidance
School can be a place of support, belonging, learning and community for children & young people. For some, school can also become challenging or distressing over a longer period of time.
If your child is struggling at school, the important thing is to recognise that there’s a problem to be solved, and to work with your child, medical professionals and the school to find the right support as soon as possible.
Speak to your GP or another medical/mental health professional
As a first step, you should take your child to your GP and explain what has been happening. If the GP (or any medical/mental health professional) feels that the child is not currently fit to attend school, ask for a letter to the local authority (LA) to be provided, explaining this. Evidence of this type would provide a documented explanation for the child’s non-attendance.
You can ask your GP to refer your child to the Children and Adolescent Mental Health Service (known as CAMHS), although thresholds for accessing this service are often high.
Speak to the school
Ask the class teacher and / or SENCO for a meeting to discuss what might be behind the attendance avoidance.
The term special educational need / disability ( SEND ) covers a broad spectrum which includes the social, emotional and mental health needs of your child.
Your child does not need to be struggling academically in order to access SEN support.
Please find further information here on SEN Support in schools.
The school may need to seek support from outside agencies. The LA’s education welfare service can be helpful in providing strategies and support for children who are beginning to school-refuse.
Please find further information on the Education Welfare services in Bexley HERE
If you continue to be concerned regarding your child’s attendance please review the information on the IASS Equality & Inclusion page of this website or call us to discuss.
Additional Information, Advice and Support
The Challenging Behaviour Foundation:
Not Fine in School:
Coping with School Attendance issues: