Back to School - What are the legal requirements as a parent for your child to attend school?

As the Summer holidays draw to a close, it's time to prepare for the new school year ahead. Whether your child is starting school for the first time or returning after a break, knowing the attendance requirements and related information is crucial for a successful educational journey. This article aims to provide parents with valuable insights into various aspects of their child's attendance, helping them navigate the requirements, including the legal rules around school attendance.

Legal Attendance Requirements

In the UK, education is compulsory for children between 5 and 16. As a parent, it is your responsibility to ensure your child's regular attendance. Familiarising yourself with the specific attendance requirements outlined by your child's school and the local education authorities is essential. Understanding these legal obligations helps you comply with the regulations and avoid potential consequences. Different local councils have their own rules and procedures, and the penalties you can receive also vary. The local authorities have the power to give you:

• a Parenting Order
• an Education Supervision Order
• a School Attendance Order
• a fine (sometimes known as a 'penalty notice')

Parenting Order

This order requires parents to attend parenting classes and follow court-directed actions to improve their child's school attendance. The order focuses on strengthening parental involvement and addresses any underlying issues that may contribute to the child's absence from school. Parenting Orders allow parents to gain valuable knowledge and support in ensuring their child's regular attendance.

Education Supervision Order

In cases where parents are uncooperative despite the council's efforts to address the child's school attendance, an Education Supervision Order may be sought from the court. This order appoints a supervisor who works closely with the parents to facilitate their child's enrolment and regular attendance. The Education Supervision Order serves as an alternative to prosecution, emphasising collaborative support rather than punitive measures. It enables parents to receive guidance and assistance in overcoming barriers that hinder their child's attendance.

School Attendance Order 

When a local council determines that a child is not receiving adequate education due to non-attendance, a School Attendance Order can be issued. This order places a legal obligation on parents to ensure their child's enrolment in the school specified in the order or provide evidence of home education within 15 days. Failure to comply with the School Attendance Order may result in prosecution or fines. The order emphasises the importance of ensuring every child's access to quality education.

Fines

Local councils have the authority to issue fines to encourage parents to prioritise their child's school attendance. Initially, each parent may receive a penalty of £60, which doubles to £120 if not paid within 21 days. Non-payment after 28 days may lead to prosecution for the child's absence from school. The imposition of fines serves as a deterrent, aiming to emphasise the significance of regular school attendance and the responsibilities of parents in facilitating it.

Absence Reporting and Procedures

Occasionally, your child may need to miss school due to illness, medical appointments, or other unavoidable circumstances. In such cases, following the school's absence reporting procedures is essential. Typically, this involves notifying the school in advance or on the day of absence, providing a valid reason, and submitting any required documentation, such as a medical certificate. Familiarise yourself with your child's school's specific absence reporting process to ensure compliance and help prevent any potential fines.

Managing Absences and Holidays

Family holidays or planned absences during term time can be a source of concern for parents. The Department for Education advises that holidays during term time should be avoided whenever possible. However, if exceptional circumstances require your child to miss school, discussing this with the school in advance and seeking their approval is advisable. Remember that unauthorised absences can result in fines or legal action from your local authority.

Supporting Good Attendance Habits

Parents play a crucial role in fostering good attendance habits in their children, and ensuring they have good attendance helps you avoid trouble with the law. Communicate openly with your child about the importance of attending school regularly and the value of education, and set an example in your own life to help this go smoothly.

Communication with the School

Maintaining open lines of communication with your child's school is essential. Stay informed about school policies, events, and important dates by regularly checking the school's website, newsletters, or communication platforms. This communication helps ensure you stay updated on any changes in attendance requirements or policies that may have legal implications. So, always consult your child's school for specific guidelines and seek their guidance whenever needed.