School Attendance
What are parent`s responsibilities?
Parents are legally responsible for ensuring their children receive education in accordance with section 7 of the Education Act 1996 and that they regularly attend school. This means that children must - Arrive at school on time - Attend regularly - Be suitably clothed - Be in a condition to learn
What will happen if my child does not attend school regularly?
A representative from the Education Welfare Service reviews all pupils with unsatisfactory attendance and works closely with the pastoral staff in school to examine the reasons for absence. An action plan will be devised for those pupils without justified reason for absence and those pupils whose authorised absence appears to be unreasonably extended. The action taken includes interviewing pupils in schools, telephone contact with parents, interviewing parents in schools, written correspondence and home visits.
Can I be prosecuted for not sending my child to school?
All children between the ages of 5 and 16 are required by law to attend the school at which they are registered. Legal action can be taken, if it is considered that a parent/carer is not fulfilling their legal responsibility to ensure their child receives education in line with the 1996 Education Act. Penalties can include fines up to £2,500 for each parent, consideration of a parenting order or a period of imprisonment.
There is a fast track procedure in place which will support the child back into education within 13 weeks. Failure to work with this procedure will result in the matter being placed before the Magistrates Court. As part of this procedure parents/carers will be asked to enter into a parenting contract. This contract will identify the actions both the parent/carer, school and Education Welfare Officer agree to take to help the child return to regular attendance. Every Mum, Dad and carer needs support from time to time, especially if their child is having problems at school. As a parent or carer, you can get this support through a parenting contract.
The new Anti Social Behaviour Act 2003 introduced Fixed Penalty Notices as an additional sanction to address the problem of poor school attendance. This means that for pupils with unauthorised absence from school (i.e. any absence that the school has not given permission for) their parents/carers may be subject to a prompt fine of either £50 or £100. Penalty Notices will be used as a deterrent to prevent a pattern of unauthorised absence developing. They will be issued simply by post to a pupils` home after possibly just one warning and cases of absence without acceptable cause will also include pupils caught on truancy sweeps, excessive holidays in term time and persistent late attendance after the register has closed.
These notices add to the Authority`s existing legal powers to enforce attendance and cases of persistent unauthorised absence will also remain subject to action under powers of the 1996 Education Act, which include prosecution and a criminal record if convicted. Schools will inform you if your child is not attending and/or is frequently late and also if homework is not being completed.
Visit the Teachernet website for more information on school attendance.
Who is a parent?
The education-related provisions of the Anti Social Behaviour Act apply to all parents who fall within the definition set out in section 576 of the Education Act 1996. This defines `parent` as: all natural parents, whether they are married or not; any person who, although not a natural parent, has parental responsibility (as defined in the Children Act 1989) for a child or young person; and any person who, although not a natural parent, has care of a child or young person. Having care of a child or young person means that a person with whom the child lives and who looks after the child, irrespective of what their relationship is with the child, is considered to be a parent in education law.
What do I do if I am having difficulty getting my child to attend school?
It is very important that you speak with the school or with the Education Welfare Service at the earliest opportunity if you have any worries at all about securing your child`s attendance. Each school has an allocated Education Welfare Officer. Both the school and the Education Welfare Officer will give you advice and support to help you fulfil your responsibility to secure an improvement in your child`s attendance. If you wish to make contact with your Education Welfare Officer please telephone 01482 392146, email education.welfare@eastriding.gov.uk, or write to the Education Welfare Service, County Hall, Beverley, HU17 9BA, East Riding of Yorkshire.
My child needs to be absent from school who do I notify?
If a child is absent from school, parents must contact the school as early as possible on the first day of absence. On your child`s return to school always send a signed note which should be dated and give the reason for absence. Any absence can disrupt your child`s education so children must not be kept away from school for reasons such as: - looking after brothers or sisters - minding the house - visiting relatives - long weekends - shopping trips - taking family holidays without the agreement of the headteacher
I want to take my child out of school for a family holiday during term time, who do I need to inform?
When considering an application for holiday in term-time, a school can refuse an application, particularly if the child`s overall attendance is poor. No parent has the right to demand leave of absence for a holiday during term time. Parents are encouraged not to take family holidays during term time because it is disruptive for children to be away from school at any time and so absence should be avoided at all costs. There are certain points to be noted if you do intend to request leave of absence - A maximum of 10 schools days absence in any one school year can be requested - Holidays in term time must be discussed with the school and permission obtained before they are taken. - Any holidays taken without prior permission of the school will be marked at `unauthorised` absence in the register. - It is particularly important to avoid holidays in term time during a year in which a child is due to take SAT`s or GCSE examinations.
Special Educational Needs (SEN)
Are there any laws I need to be aware of regarding SEN?
Yes. The most important law dealing with special education is the Education Act 1996. A special Educational Needs Code of Practice gives practical guidance on how to identify and assess children with special educational needs. All early education settings, state schools and LAs must take into account this Code when they are dealing with children who have special educational needs. Health and Social Care must also take account of the Code when helping LAs. This means that, when early education settings, schools, LAs and Health and Social Care decide how they will help children with special educational needs, they should always consider what the Code says.
What can I do if I think my child has special educational needs?
Your child`s early years are a very important time for their physical, emotional, intellectual and social development. When your health visitor or doctor makes a routine check, they might suggest that there could be a problem. But if you have any worries of your own, you should get advice straightaway. If your child is in school you should talk to the child`s class or form teacher, SEN-Cordinator (SENCO), head of year or headteacher. It is best to start with your child`s teacher or the SENCO. You will be able to talk over your concerns and find out what the school thinks. The SENCO will be able to explain what happens next.
You might like to ask if:
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The school thinks your child has difficulties
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The school thinks your child has special educational needs
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Your child is able to work at the same level as other children of a similar age
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Your child is already getting some extra help
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You can help your child
Other organisations you can get help from are:
If your child is not yet at school you can contact the Portage Service for help and advice, by using the portage referral online form, or by ringing Jane Howe on 01482 392189 or by e-mail on jane.howe@eastriding.gov.uk.
What happens when an assessment is asked for?
If you ask, the LA will consider assessing your child. If someone else asks, then the LA will consider the request and inform you that a request has been received - you will also be asked for your views. If the LA decides to start an assessment you will be sent a form to fill in (you do not have to use the form if you would rather write a letter).You will be given the name of an officer you can contact i.e. the `named officer` or `Education officer`. Please feel free to contact the officer if you have any questions or if you need help filling in the form.
Access the online assessment form.
What happens when all the assessments have been submitted?
When the LA has all reports it has asked for, (and the three main reports are the psychological assessment, the medical assessment and the educational assessment) it decides either: - a) To make a statement of special educational needs. This is a document which sets out what the LA thinks are the child`s strengths and weaknesses, and how and where help should be given; OR b) Not to make a statement and you will be given the reasons for the decision in a letter, which is called a Note in Lieu.
What happens if the LA decides to write a statement?
This is an important document. Initially it is sent to you as a draft (or initial) statement. With it are copies of all the assessments. The covering letter gives an explanation of the decision. However, before the statement is put into operation, you have a chance to say whether you agree or disagree with it and state a preference for a school. If a different school is proposed by the LA, you are given details about the new school and you can visit it. You can contact the officer named in the letter, if you so wish. You can ask for a meeting with any of the professionals who have completed a report if you disagree with it or do not understand it. The named officer can arrange this. If appropriate, the authority will change the statement and let you have a new draft statement to comment on. After careful consideration the LA will confirm the draft statement and it then becomes a legal document. The statement should be confirmed within 6 months of the start of the assessment.
What happens if I do not agree with the statement?
If, following discussion with your named officer, you still do not agree you can appeal against the decision. You can request help from the Parent Partnership Service to help resolve disagreements. This should only be necessary in a very few cases, as the authority takes into careful account any strong feelings you have. You will be told how to appeal, if this is what you want to do. The appeal would be heard by a Tribunal. The proceedings would be as friendly as possible. The Tribunal can either confirm the statement (agreeing with the authority), or it can direct the authority to change its decision.
What happens if the LA decides not to write a statement?
Where the LA decides not to make a statement you will be given the reasons for the decision in writing. If you wish the named officer will discuss this with you. If you are not satisfied with the decision you should notify your named officer about your wish to appeal to the Tribunal. A Parent Partnership Co-ordinator is available to offer independent advice and can put parents in touch with other organisations who may be able to provide support. In a small number of cases, when agreement cannot reached, the Parent Partnership Co-ordinator can also inform parents about the SEN Mediation Service which is available to resolve disagreements. Find out more about the Parent Partnership Service.
What happens after the statement has been agreed?
Once the statement has been made there will be an annual review of your child`s progress, and you will be invited to give your views towards this review. You will receive a written report following the review and it will show how well your child is getting on, and will also show whether he or she is still having the right kind of help or whether some change is needed. The LA will consider the Annual Review and if a significant change does seem to be needed your child may be reassessed. This means going through the same process as the original assessment. The results may be:
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To keep the statement unchanged
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To change the statement
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To cancel the statement - for example, because your child has made such good progress that special help is no longer needed.
Alternatively the LA may decide to amend the statement on the basis of the recommendations of the review without necessarily going through a full reassessment. Details of the annual review procedure can be found in a separate booklet. You would be sent a copy of this booklet before the annual review meeting. The amount of extra teacher and non-teacher time your child should receive will appear on your child`s statement. In some cases the authority decides to issue a statement withot additional resources so that all professional agencies continue to monitor and review your child`s needs. The additional help your child may require will in this case already be in your child`s school.
Extra help can be given in a number of ways; in your local school, in a unit or in a special school. If a number of children with similar needs can be grouped together it can sometimes be easier to give them the extra help because the equipment can be shared or because specially trained staff work at the school.
Do all schools receive the extra staff in the same way?
No. Mainstream schools get extra money to buy extra teaching and non-teaching staff. Special schools get funding from the LA under the local management of special schools formula which enables them to have small classes.
If my child had special educational needs, could they still go to a mainstream school?
The basic principle is that children with special needs should be taught in their local mainstream school if possible. A child with special needs can usually attend a mainstream school as long as: - - the school can give him or her the teaching he or she needs - this will not interfere with the teaching of the other children in the school - this is a sensible way of using resources. It is the authority`s policy to follow these principles. An example is the provision of ramps, lifts, disabled toilets and additional resources. When a statement is made some children attend a special school, a unit or a school with additional support facilities, and some have extra help in their own school. In some cases it is useful to place a child in a special unit or school for a short period, in order to get a better idea of his or her needs, before the assessment is completed. This is only done in a few cases and with the consent of the parents.
If you would like to know more about a particular school, ask the school for a copy of its school prospectus. Most children with special needs can attend schools in the East Riding of Yorkshire, but in a few cases special schools outside the authority have to be used. If this happens, the local authority usually pays the full costs including travel.
How can I contact my local authority`s SEN department?
You can write to the SEN Manager at East Riding of Yorkshire Council Children`s Family and Adult Services Special Education Needs Section County Hall Beverley East Riding of Yorkshire HU17 9BA Tel No: 01482 392162 or e-mail at caroline.bentley@eastriding.gov.uk
Alternatively you can use the online special educational needs enquiry form.
School Meals
Who is entitled to a free school meal?
Children attending an East Riding Of Yorkshire school, who`s parent(s) or guardian(s) are in receipt of Income Support or Job Seekers Allowance-income based or are in receipt Of Child Tax Credit and NOT Working Tax Credit and have an annual income of less than £13,230.
How do parents/guardians apply for free school meals?
Contact the benefit section on telephone (01482) 394799.
Parent Partnership
What happens if the LA decides to write a statement?
This is an important document. Initially it is sent to you as a draft (or initial) statement. With it are copies of all the assessments. The covering letter gives an explanation of the decision. However, before the statement is put into operation, you have a chance to say whether you agree or disagree with it and state a preference for a school. If a different school is proposed by the LA, you are given details about the new school and you can visit it. You can contact the officer named in the letter, if you so wish. You can ask for a meeting with any of the professionals who have completed a report if you disagree with it or do not understand it. The named officer can arrange this. If appropriate, the authority will change the statement and let you have a new draft statement to comment on. After careful consideration the LA will confirm the draft statement and it then becomes a legal document. The statement should be confirmed within 6 months of the start of the assessment.
What happens if I do not agree with the statement?
If, following discussion with your named officer, you still do not agree you can appeal against the decision. You can request help from the Parent Partnership Service to help resolve disagreements. This should only be necessary in a very few cases, as the authority takes into careful account any strong feelings you have. You will be told how to appeal, if this is what you want to do. The appeal would be heard by a Tribunal. The proceedings would be as friendly as possible. The Tribunal can either confirm the statement (agreeing with the authority), or it can direct the authority to change its decision.
What happens if the LA decides not to write a statement?
Where the LA decides not to make a statement you will be given the reasons for the decision in writing. If you wish the named officer will discuss this with you. If you are not satisfied with the decision you should notify your named officer about your wish to appeal to the Tribunal. A Parent Partnership Co-ordinator is available to offer independent advice and can put parents in touch with other organisations who may be able to provide support. In a small number of cases, when agreement cannot reached, the Parent Partnership Co-ordinator can also inform parents about the SEN Mediation Service which is available to resolve disagreements. Find out more about the Parent Partnership Service.
What happens when an assessment is asked for?
If you ask, the LA will consider assessing your child. If someone else asks, then the LA will consider the request and inform you that a request has been received - you will also be asked for your views. If the LA decides to start an assessment you will be sent a form to fill in (you do not have to use the form if you would rather write a letter). You will be given the name of an officer you can contact i.e. the `named officer` or `Education officer`. Please feel free to contact the officer if you have any questions or if you need help filling in the form.
Access the online assessment form.
If my child had special educational needs, could they still go to a mainstream school?
The basic principle is that children with special needs should be taught in their local mainstream school if possible.
A child with special needs can usually attend a mainstream school as long as the school can give him or her the teaching he or she needs. This will not interfere with the teaching of the other children in the school and is a sensible way of using resources.
It is the authority`s policy to follow these principles. An example is the provision of ramps, lifts, disabled toilets and additional resources. When a statement is made some children attend a special school, a unit or a school with additional support facilities, and some have extra help in their own school. In some cases it is useful to place a child in a special unit or school for a short period, in order to get a better idea of his or her needs, before the assessment is completed. This is only done in a few cases and with the consent of the parents.
If you would like to know more about a particular school, ask the school for a copy of its school prospectus. Most children with special needs can attend schools in the East Riding of Yorkshire, but in a few cases special schools outside the authority have to be used. If this happens, the local authority usually pays the full costs including travel.
