Why is attendance important?
The right of children and young people to an education is enshrined in the
UN Convention on the Rights of the Child, and in UK law.
All parents and carers have a legal responsibility to ensure that their children receive a
suitable education for their age and aptitude, either by regular attendance at school or
through education otherwise (elective home education where parents take full
responsibility to educate their child).
Where parents and carers are not fulfilling this responsibility, the local authority have a
statutory responsibility to uphold the rights of children and young people to full time
education. Where necessary, this includes taking legal action against parents. School
attendance is mandatory during term times with the expectation is that attendance will
be 100% unless the child is unwell - attendance lower than 90% is of concern and
schools are encouraged to have clear processes to communicate with parents/carers
where there is irregular attendance to seek return to school.
Evidence shows that excellent attendance is key for ensuring positive outcomes for
children and young people. Missing school leaves children vulnerable to falling behind,
achieving poorer outcomes at both primary and secondary level as well as post 16
choices and outcomes. The association between poor attendance and poor outcomes is
the reason why school attendance is one of the ‘obsessions’ of children’s services - we
know that improving attendance can be a gateway to improving the overall life chances
of children and young people.
What do Children and Families Services in Leeds do to support improved
attendance?
Children and Families Services recognise that poor school attendance can be both a cause
and a symptom of more complex problems in the lives of children and young people. Where
this is believed to be the case, schools should initially work with the family to understand the
barriers to accessing education and offer support to overcome them. However, in some
cases the child and family may need support from a number of different agencies to meet
their needs and this support drawn through referral to the school’s Cluster Support, offer of
an Early Help plan, School Attendance Service and social care.
Leeds School Attendance Service (SAS) offers schools advice and training as well as
providing family and individual case work. The SAS team also support families apply for
school places and undertake the legal processes for schools where non-attendance needs to
be escalated. Information on the service is available through Leeds for Learning.
Queries from schools, parents and other professionals are responded to through the duty box
at schoolattendanceservice@leeds.gov.uk.
What are the possible legal consequences for parents whose
children miss school?
There are a number of statutory options available to the local authority for parents
whose children miss school:
- Penalty notices, fines of £60, have been available to the local authority since 2007,
but their use has increased since the change in legislation around term-time
holidays. The local authority can prosecute parents in the Magistrates Court for
non-payment of penalty notices, which can lead to a fine of up to £1000, a
Parenting Order, and a criminal record;
- The local authority can apply to the Family Court for an Education Supervision
Order, which means that the local authority can act directly on behalf of the child
to ensure they attend school, removing some parental rights; and
- The local authority can also submit a case directly to the Magistrates Court. There
are two types of such prosecution and, if found guilty of the most serious offence,
parents can face a fine of up to £2,500 and/or a community rehabilitation order, or
even a custodial sentence of up to 3 months.
Revenue from the payment of fines is retained by the council to cover the costs of
administering penalty notices and legal costs of prosecuting parents who fail to pay
their fines.
Where can I find further information?
For more information on attendance support services please contact:
schoolattendanceservice@leeds.gov.uk
Printable version
