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Attendance in school

Parents are legally responsible for ensuring their children receive education in accordance with section 7 of the Education Act 1996 and if on a school roll that they regularly attend school. Find out more here.

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What are parents' responsibilities?

Parents are legally responsible for ensuring their children receive education in accordance with section 7 of the Education Act 1996 and if on a school roll that they regularly attend school.

This means that children must:

  • arrive at school on time
  • attend regularly
  • be suitably clothed
  • and be in a condition to learn.

What will happen if my child does not attend school regularly?

All schools within the East Riding, including academies, Independent and Alternative Provisions monitor the attendance of their pupils, initially these settings will work with children and families to identify any barriers to attending school. Each education setting has a named Education Welfare Officer (EWO) assigned to them and meet with them regularly and undertaken Targeting Support meetings. During these meetings the use of supportive strategies such as the use of Attendance Contracts will be discussed. You may be made aware that your child has been discussed with the EWO.

In cases where there are no identified barriers to learning, and there continues to be absence without justified reasons a school may choose to make a referral to their named EWO using a Decision Summary Record (DSR). On receipt of this, the EWO may commence the Fast Track to Prosecution process.

This process would include speaking to the pupil within the school setting or at their home, telephone contact with parent/carers, interviewing parent/carer in school, written correspondence and home visits.

GOV.UK - School attendance (external website)

Can I be prosecuted for not sending my child to school?

All children between the ages of 5 and 16 (compulsory school age) 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 or carer is not fulfilling their parental responsibility to ensure their child receives a full time education.

Failure to ensure regular attendance may result in the matter being placed before the Magistrates’ Court under Section 444(1a) of the Education Act 1996. Penalties can include fines up to £2,500 for each parent, consideration of a parenting order or a period of imprisonment. A parent is defined as a person with day-to-day care under the Education Act 1996

The Anti-Social Behaviour Act 2003 introduced penalty notices as an additional sanction to address the problem of poor school attendance and absence accrued due to taking a term-time holiday. This means that for pupils with unauthorised absence from school (ie. any absence that the school has not given permission for) their parents or carers may be subject to a fine.

With the introduction of the new National Framework for Penalty Notices, the following changes will come into effect for Penalty Notice Fines issued after the 19 August 2024. Penalty Notices are issued to change behaviour and reduce the number of school days lost during term time for the purpose of a holiday. The pathway below outlines the decision-making process regarding the action that will be taken when a penalty notice referral is received from your child’s school. However, please be aware that action will be considered on a case-by-case basis and may not follow this path.

Per Parent Per Child

Penalty Notice Fines will now be issued to each parent for each child that was absent.

Example: three siblings absent for term-time leave would result in each parent receiving three separate fines.

First Offence

The first time a Penalty Notice is issued for term-time leave or irregular attendance the amount will be £160 per parent per child paid within 28 days.

Reduced to £80 per parent per child if paid within 21 days.

Second Offence (within three years)

The second time a Penalty Notice is issued for term-time leave or irregular attendance, the amount will be £160 per parent per child within 28 days.

Third Offence and Any Further Offences (within three years)

The third time an offence is committed for term-time leave or irregular attendance, a Penalty Notice will not be issued and the case with be presented straight to the Magistrates’ Court.

Magistrates’ fines can be up to £2500 per parent per child.

Cases found guilty in Magistrates’ Court can show on the parent’s future DBS certificate due to the ‘failure to safeguard a child’s education’.

5 Consecutive Days of Term-Time Leave

Penalty Notice Fines will be issued for term-time leave of 5 or more consecutive days.

Inset training days are school days and can be included in the 5 or more consecutive days where there was intent to be absent for term-time leave.

10 Sessions of Unauthorised Absence in a 10-Week Period

Penalty Notice Fines will be considered when there has been 10 sessions of unauthorised absence in a 10 week period.

For more information from the Government please visit:

GOV.UK Guidance: Working together to improve school attendance (external website)

Who is a parent?

Section 576 of the Education Act 1996 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.

When does my child start or complete compulsory schooling?

A child is of compulsory school age on the first day of term following their 5th birthday and ceases to be of compulsory school age on the last Friday in June in the school year in which they reach age 16. Until that date parents or guardians must ensure their child's participation in education, at school or otherwise.

This requirement applies to all children and their parents/guardians whether or not the child is enrolled in school. If a child is enrolled in school, he or she cannot leave school until the last Friday in June.

What support is available for pregnant schoolgirls and teenage parents?

Pregnant schoolgirls and teenage parents are encouraged to remain at school for as long as they can and tuition is provided during statutory maternity leave. Once a tutor has been allocated tuition takes place at home and pupils continue to work towards their GCSE examinations.

Young mothers are expected to return to school once they are fit to do so, attendance can be tailored to fit individual circumstances and, for most pupils, will involve a reintegration to school to allow both mother and baby to adjust.

Schools are asked to undertake an assessment and act as a link with the tuition service.

Parents of girls who require support are asked to contact the service via the school where they are enrolled.

Support may also be available for school-age fathers, so speak to your school in the first instance.

What do I do if I am having difficulty getting my child to attend school?

Your child’s school are best pace to support you with any issues that you are experiencing. It is very important that you speak with the school as soon as possible to resolve any identified issues. Schools are very well equipped and experienced in supporting pupils that are struggling to access schools can provide advice, support and strategies to assist you. If schools feel that this issue has escalated, they are in a position to undertake a referral to Early Help.

If it is felt necessary, the school my contact the Education Welfare Service or suggest that you contact them.at the earliest opportunity if you have any problems securing your child's attendance.

The school and the Education Welfare Service will give you advice and support to help you fulfil your responsibility to secure improvement in your child's attendance.

Education Welfare Service
County Hall
Beverley
East Riding of Yorkshire
HU17 9BA,

Tel: (01482) 394000 option 2

Email: education.welfare@eastriding.gov.uk

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. You should provide full reasons for why your child is absent and avoid using the term ‘ill’. You should update the school if your child remains absent after three days. At this stage you may be asked to provide evidence to support the absence such as a GP letter.

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 relatives or siblings
  • birthdays
  • house minding
  • visiting relatives
  • long weekends
  • shopping trips
  • and taking family holidays without the agreement of the headteacher.

Although you provide a reason for absence, the school legally has the right to not authorise it until clear evidence is produced. This includes absence due to medical reasons.

Legally, only a headteacher can authorise or unauthorise an absence from school and it is a parent or carers' responsibility to prove a child was not able to attend. Good attendance is deemed as being ‘attending school every day the headteacher prescribes the school to be open’.

For further information please refer to the Absence from school for exceptional circumstance page.

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