School attendance and absence
1. Overview
You must make sure your child gets a full-time education that meets their needs (eg if they have special educational needs). You can send your child to school or educate them yourself.
Children must get an education between the school term after their 5th birthday and the last Friday in June in the school year they turn 16.
If your child is unexpectedly missing from school and the local council thinks you’re not giving them home education, you’ll be contacted by the school or the council’s educational welfare officer. They’ll contact you even if your child is only missing for a day.
You can be prosecuted if you don't give your child an education. You'll normally get warnings and offers of help from the local council first.
You can get education and attendance information from your council.
When your child can miss school
You can only allow your child to miss school if either:
- they’re too ill to go in
- you’ve got advance permission from the school
There's extra support available if your child can't go to school for long periods because of a health problem.
Holidays in term time
You have to get permission from the head teacher if you want to take your child out of school during term time.
You can only do this if:
- you make an application to the head teacher in advance (as a parent the child normally lives with)
- there are exceptional circumstances
It’s up to the head teacher how many days your child can be away from school if leave is granted.
You can be fined for taking your child on holiday during term time without the school's permission.
School trips
Your child’s school can ask you for a voluntary contribution to the cost of activities like school trips. They can’t stop your child from attending if you don’t pay, but they should cancel the activity if there isn’t enough money to cover the cost of it.
2. Help with getting your child to go to school
If you're having trouble getting your child to go to school, the school and local council can help.
The school will discuss attendance problems with you and should agree a plan with you to improve your child’s attendance.
A lot of local councils have teams that help parents improve their child’s attendance at school. The council will tell you if they’re able to help. Forms of help could include:
- support to reduce the burden on children where families are in difficulty (eg if a child is spending a lot of time caring for someone)
- working with families and schools to overcome bullying and other serious problems
- a parenting contract
Parenting contract
This is a voluntary written agreement between you and either the local council or the school's governing body. Between you, you agree to find ways to improve your child's attendance.
If you refuse to make a contract or you don’t stick to it, it can be used as evidence if the local council decides to prosecute you.
3. Legal action to enforce school attendance
Local councils and schools can use various legal powers if your child is missing school without a good reason:
- Parenting Order
- Education Supervision Order
- School Attendance Order
- penalty notice
- prosecution
You can be given one or more of these orders but the council doesn’t have to do this before prosecuting you.
Parenting Order
This means you have to go to parenting classes. You’ll also have to do what the court says to improve your child's school attendance.
Education Supervision Order
If the council thinks you need support getting your child to go to school but you’re not co-operating, they can apply to a court for an Education Supervision Order.
A supervisor will be appointed to help you get your child into education. The local council can do this instead of prosecuting you, or as well.
School Attendance Order
You’ll get a School Attendance Order if the local council thinks your child isn’t getting an education. You have 15 days to provide evidence that you’ve registered your child with a school or that you’re giving them home education.
The order will require you to send your child to a specific school. If you don’t, you may be prosecuted.
Penalty notice
Instead of being prosecuted, you can be given a penalty notice. The penalty is £60, rising to £120 if it isn’t paid within 28 days. If you don’t pay the fine, you’ll be prosecuted.
Prosecution
You could get a fine of up to £2,500, a community order or a jail sentence up to 3 months. The court also gives you a Parenting Order.