Registered Company No. 14977479

Regular School Attendance

Absence from school will negatively impact a child's ability to achieve. In 2019, The Department for Education reported that of those children who were persistently absent from school only 40% of KS2 pupils achieved the expected standard and for children in KS4 this was a similar picture with those that had not achieved grade 4 or above had 10 or more days of absence.

What does 'Regular' School Attendance mean?

Regular School Attendance

To ensure every parent has the opportunity to secure a suitable education the Local Authority must make available sufficient school places within its area that are able to cater for all primary and secondary age students and cover the National Curriculum (S14 Education Act 1996).

You have the right to express the preferred school of your choice at any time and Local Authorities must comply with that preference unless it would prejudice the provision of efficient education or is an efficient use of resources.

As soon as a school place is allocated and an agreed start date has been identified you must ensure the child attends regularly which means every day the school is open.

There are only a small number of circumstances where missing a school day is permitted:

Your child is too ill to attend. If the child's illness (this would not normally include childhood illnesses such as Chicken Pox, influenza etc) has or is likely to exceed 15 days or more the Local Authority may have a duty to make alternative educational arrangements. Click here to learn more.

Your child has been Directed to off-site provision. Your child must attend the setting they have been directed to unless any of these points further apply.

Your child has been Suspended from the school. If your child has been suspended the school must provide your child with work for the first 5 days and your child must not be seen in a public place without good reason otherwise you could be prosecuted. From the 6th day your child's school must make alternative educational arrangements for your child to access and/or attend.

Your Child has been Permanently Excluded from school. Your child's school must send work home for the first 5 days of the Permanent Exclusion and your child must not be seen in a public place. From the 6th day of the Permanent Exclusion your Local Authority must make alternative educational arrangements.

Your local authority is responsible for arranging your child’s transport to school and it’s not available or has not been provided yet. If you are eligible for transport and it is not provided or not suitable for your child's needs then your Local Authority may need to make alternative arrangements under S19 of The Education Act 1996.

The following 3 points are not likely to result in a child missing a significant proportion of their time in education, however, if they are then the Local Authority must consider the suitability of any arrangement resulting in a child being absent from school and what actions are may be required.

You have asked in advance and been given permission by the school for your child to be absent on a specific day due to exceptional circumstances.

Your child cannot go to school on a specific day because they are observing a religious event.

Your child does not have a permanent address and you are required to travel for work. This exception only applies if your child attends their usual school or another school where you are staying as often as possible. This must be 200 half days or more a year if they are aged 6 or older.

If you are unable to demonstrate any of the above apply then it is possible that you are committing an offence under s444 Education Act 1996 which may lead to a Fixed Penalty Notice or even prison sentence.

Schools and Local Authorities will want to take every step to avoid enforcement so it is essential that parents engage with the advice and support given, unless you can demonstrate why it would not be in your child's best interests to do so. If you feel your child is not able to attend for the reasons outlined above then contact your school and/or Local Authority as soon as possible. If you have done so, and have reached an impasse, that is when we can help.

Working together

Prevention and early intervention is essential to identify children who are at risk of becoming absent and Local Authorities, along with schools and other services, must work together effectively with parents to identify and remove barriers to learning as well as provide additional support where required.

Local Authorities are now expected to have a School Attendance Support Team for all schools free of charge. The purpose of this is to ensure the information provided to schools is consistently shared but also to ensure schools, especially those experiencing financial pressures, do not delay in getting the information, advice and support needed to safeguard a child's access to learning.

It is essential for schools to know what their Local Authority offers and what support they can expect.

Concerned about your child's attendance or education placement and need to speak to someone?

Back to 'What is a suitable education?'

Getting a School Place

Education in Maintained Schools (Local Authority Maintained and Academies).

There are two routes of entry into school.

Normal Admissions Round

This is where parents apply for a school place once the start of a phase has begun, for example when a child starts Primary School in Reception or High School in the September. Some Local Authorities have 3 Tier systems so that may also involve applying for a Middle School Place too.

In-Year Admissions

This is where parents apply for a school place that is not at the start of a phase, for example starting a school in April because of a house move or Permanent Exclusion.

Both points of admission must follow the Admissions Code; however, we know that some parents have often faced difficulties in securing a school placement because of waiting lists or schools refusing admission. Where a Local Authority has not been able to secure a place, it may refer a child for placement through the Fair Access Arrangements.

Every Local Authority must have a Fair Access Protocol which has been agreed by the majority of schools. This is a binding document that places an obligation on schools to ensure that children without a school place receive one as quickly as possible. This may not be a parents preferred choice but as long as it is considered suitable for the child to attend, eg. within reasonable distance, then the Local Authority has fulfilled its duty.

Although the Admissions Code and Fair Access Protocols are in place to protect access to suitable school places some children are not placed quickly or at all. If, after taking the necessary steps, a parent has not been able to secure a placement for their child the Local Authority may be under a duty to make Alternative Arrangements.

Independent Schools

These are fee paying schools that do not have to follow the National Curriculum but they do have to follow The Education (Independent School Standards) Regulations 2014; they must also be registered with the Department for Education and are subject to Inspections by either Independent School Inspectorate or Ofsted.

Local Authorities are not responsible for the coordination of Independent schools and therefore parents will have to contact the school directly to make enquiries about availability and their individual Admission Policy.

A Local Authority may choose to name an Independent School in an Education, Health and Care Plan. Where such a school is named in the Plan, the Local Authority is financially responsible for the cost of the provision and ensuring that the Special Educational Provision is met.

Some settings may appear to be Independent Schools but are not registered. If a setting is providing full-time education for 5 or more pupils or for at least 1 child with an Education Health and Care Plan and/or who is Looked After, it must be registered with the Department for Education. Please refer to the departmental guidance on Unregistered Schools and Out of School Settings.

Local Authorities responsibilities are not automatically discharged if a child is attending an Independent school, meaning that if there are concerns about a child's provision, the nature of the setting or their attendance, the Authority may still have to step in.

Get in touch with your Local Authority to apply for a school place.

Not been allocated a school place or one of your choice?

Check if a school is registered