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The 10 new attendance rules schools need to know about

Ministers publish new guidance that will become statutory from September

Freddie Whittaker

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Ministers have published on managing school attendance that will become mandatory from this September.

It includes new absence fine rates, thresholds at which penalties must be considered, requirements to share daily data with the government and new absence codes.

Here’s what schools need to know.

1. 拢80 fines and 鈥榠mprovement notices鈥 鈥

Absence fines charged to parents will rise from 拢60 to 拢80, or 拢160 if not paid within 21 days. Schools decide whether to issue fines, but councils administer them.

From the autumn, only two fines can be issued to the same parent for the same child within a three-year rolling period. Any second notice will automatically be charged at 拢160.

New 鈥渘otices to improve鈥 will also be the 鈥渇inal opportunity for a parent to engage in support and improve attendance before a penalty notice is issued鈥.

2. 鈥nd national fine thresholds

From September, schools will have to consider a fine if a pupil misses 10 sessions (half days) of unauthorised absence in a rolling period of 10 school weeks. They should 鈥渘ot have a blanket position of issuing or not issuing penalty notices鈥.

The threshold can be met with 鈥渁ny combination of unauthorised absence鈥. For example, four sessions in term time plus six instances of arriving late.

The period of 10 weeks can also span 鈥渄ifferent terms or school years鈥.

But councils 鈥渞etain the discretion to issue one before the threshold is met鈥. This could include where parents 鈥渁re deliberately avoiding the national threshold by taking several term time holidays below threshold, or for repeated absence for birthdays or other family events鈥.

3. Councils can use cash for support

Penalty notices are 鈥渘ot a money-making scheme and local authorities should not have income targets鈥, and revenues 鈥渕ust be ringfenced for attendance鈥, guidance says.

However, while councils previously could only use revenues to administer the fines system, they can now use any surplus on 鈥渁ttendance support鈥.

But 鈥渁ny remaining surplus at the end of the year must be paid to the secretary of state.鈥

4. Mandatory daily data sharing

Schools must share daily attendance data with government from September. The 鈥渆asiest way鈥 to do this is by having an electronic management information system鈥 which DfE can access and allows an automated flow of data.

Nearly nine in 10 schools already have this in place.

The 鈥淰iew Your Education Data鈥 dashboard will allow schools to monitor attendance and access 鈥渘ear real time data to understand trends in attendance patterns鈥.

5. Don鈥檛 give pupils leave for protests

It is up to schools whether they grant absences, but today鈥檚 updated guidance lists the scenarios this should be restricted to 鈥 including study leave or interviews.

The guidance also states that 鈥渓eave of absence should not be granted for a pupil to take part in protest activity during school hours鈥, which is a new addition to the guidance. You can read more about that here.

6. Flag long-term sick leave with LAs

Schools will have to give councils the name and address of sick pupils who they believe will miss 15 consecutive or cumulative days.

Schools will also be 鈥渆xpected to inform a pupil鈥檚 social worker and/or youth offending team worker if there are unexplained absences from school鈥.

7. Be mindful of mental health

Schools should now be 鈥減articularly mindful of pupils absent from school due to mental or physical ill health or their special educational needs and/or disabilities, and provide them with additional support鈥.

It acknowledges 鈥渕any children will experience normal but difficult emotions that make them nervous about attending school, such as worries about friendships, schoolwork, examinations or variable moods鈥.

But it is 鈥渋mportant to note that these pupils are still expected to attend school regularly鈥. Doing so 鈥渕ay serve to help with the underlying issue鈥.

8. Don鈥檛 鈥榬etrospectively鈥 remove pupils from registers

Guidance is now more prescriptive about when pupils should and should not be removed from admissions registers.

It states schools cannot 鈥渞etrospectively鈥 delete a pupil鈥檚 name from the admission register or attendance register.

Where pupils have been located but not returned to class, a 鈥渏oint decision鈥 is needed between schools and LAs, and they can only be removed from a register if there are 鈥渘o reasonable grounds鈥 to believe the child will return, even with support or enforcement.

9. New restrictions on 鈥楤鈥 codes

Ministers have also shaken up attendance codes, amid concerns they can be misused to send children home.

A new code K will apply to education provision arranged by a council, rather than the school.

And there are greater restrictions on using code B for off-site education arranged by schools, requiring the provision to be 鈥渙f an educational nature鈥, with their attendance approved by the school.

Schools must record the nature of the education provided and 鈥渂e satisfied that appropriate measures have been taken to safeguard the pupil鈥.

10. Codes C and Y split up

The government has also created additional 鈥淐鈥 absence codes. While C will be for 鈥渆xceptional circumstances鈥, C1 will be for absence for a regulated performance or employment abroad. C2 will be for pupils on part-time timetables.

A new code Q will be for pupils 鈥渦nable to attend the school because of a lack of access arrangements鈥.

The current code Y will be split up, as follows鈥

Y1: Absence due to transport normally provided not being available

Y2: 鈥淲idespread disruption to travel鈥

Y3: For when part of a school is closed

Y4: Unexpected whole school closure (different from code # for planned closures)

Y5: For pupils in the criminal justice system

Y6: Absence due to public health guidance or law

Y7: 鈥淎ny other unavoidable cause鈥

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5 Comments

  1. Compliance over compassion.

  2. Jo Clayton

    If the government thinks that tightening the screws on attendance will mean more of their “ghost children” are suddenly found in school, they are living on another planet (perhaps a planet of over-entitled billionaires and their cronies). Thousands of these children are from families who find themselves in impossible situations around attendance – SEND/illness/trauma/family circumstances – they are removed to “home education” when the child-catchers come in. If they would ask themselves “if my child was seriously struggling in school, engaging in self-harming/suicidal behaviours, or shut-down with depression in their bedroom every morning after not sleeping all night and some bully of an EWO or SLT is threatening me with fines and social services if I don’t get their bum onto a chair at 8.45 each morning – regardless of what this is doing to their mental health/general wellbeing…. what would I do?” Or they could just ask the hundreds of thousands of parents who already took the decision to quit the humanity vacuum that “mainstream education” has become in some places, before social services came and threatened them with having their children removed.

    1. ASOS

      At the end of the day it鈥檚 always about looking at solutions to prevent poor attendance to school. We know the impact Covid has had, but regardless of that kids need to be in school to get an education and by not being in school they will ultimately struggle in the world of work and contribute to society. As a parent I know one thing and that is every parent surely must want what is best for their child and attending school consistently is the key to that as education is our passport to the future. You can blame many things but like I said earlier it鈥檚 always about looking at solutions to the problem rather than the problem itself. You can鈥檛 pin point it down to one thing, there are many factors that contribute to poor attendance, these are some of the main ones in my opinion. Parents not valuing education, lazy parenting, molly coddling their children instead of showing tough love to help build resilience and build character. In relation to that from a family point of view the apple never falls far from the tree and therefore the cycle has to be broken in order for change to occur. Parents again giving in to their children for an easy life eg; allowing them to stay up late through the night on their phones or computers till early hours in the morning then they can鈥檛 get up for school because they are too tired. I am a parent and my children are my responsibility and if I can鈥檛 control them then how can I expect school to? But I will also say this, schools need to have the right staff in place that are able to understand and relate to the children instead of those who are just there for a pay check and have no real passion to make a positive impact which helps to build strong relations so the children have a sense of belonging feeling valued. Some school environments are too regimented and not stimulating enough for children, my school days were some of the best days of my life but in this era I feel schools are not focusing on giving the children the best experience in their setting and are more focused on end of year results. I could go on but the reality is that it鈥檚 going to get worse before it gets better and everyone needs to be better from parents to children and everyone who works with young people in some form of support or education role.

      1. Jo White

        This seems very judgemental and type casting. Each case should be dealt with as individual cases. Our family have had a series of trauma. My son’s father died 2020, he was 5yrs. He was intelligent enough to say when he was struggling emotionally and say what he needed before going to school, I’d message in 5-10mins late, but it the right frame of mind. Walk in no problems. I got pulled for attendance, my Mum died same thing happened.
        My son saw his Dad collapse previously and was alone. The school tried to force a residential on him, he had a day off as he was so stressed and I’m threatened with a fine.
        Of course I want his attendance to be good, but emotional intelligence, feeling safe and secure for a child who ‘s nervous system has already had a lot to deal with. I’m sorry when schools are more emotionally safe and intelligent, then you can fine. Also when is the MH of the parent taken into consideration. Schools need educating on how to deal with families that have gone through trauma. Piling on the pressure and lack of empathy does not bode well for generations to come or helping the family to build to a place of resilience.

  3. B Stewart

    Any idea if Working Together to Improve Attendance will still become law now a general election has been called ?

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