Absence - Special Cases

Whose job is it to provide education during a prolonged school absence?

Local authorities have a duty under Section 19 of The Education Act 1996 to make arrangements for the education of pupils 'who by reason of illness, exclusion from school or otherwise' won't receive an education unless these arrangements are made.  This is known colloquially as the LA Section 19 duty and applies if a child is absent from school for 15 days or more, whether in a single period of absence or across several periods.  The most typical example might be a child who is going into hospital for a planned operation with a known recovery period when they cannot be in school for several weeks.  In this case, ideally and usually, the Local Authority would be informed of the planned absence and would provide a home tutor.

I know that many academies struggle to get support from their local authority for pupils who have a prolonged absence from school, for whatever reason.  This can commonly be due to different interpretations of the S19 duty.    A report from the Local Government and Social Care Ombudsman (July 2022) provides some clear guidance on the role of the local authority and the consequences of not carrying out their duties.  It is well worth reading through and sharing as required to support any challenges that you may have.  You can find the report in the folder accessed from the bottom of this page.

Providing Remote Education

The DfE has recently (January 2023) published some guidance which helps to clarify the provision of remote education in relation to attendance.  You can find the guidance on providing remote education here.  The guidance makes especially clear that ' . . . .remote education should not be viewed as an equal alternative to attendance in school. For this reason we expect schools to consider it only as a last resort when the alternative would be no education, and only after it has been established that the pupil is, or will be, absent from school.'  It also explicitly states 'Pupils absent from school and receiving remote education still need to be marked as absent in the register.'  It also refers to the LA S19 duty and gives some guidance to this, although it does not explicitly make clear who should be providing the remote education (this is better decided according to the needs of the individual pupil).

In addition it is also noted that the DfE has recently published guidance on an online education accreditation scheme which will apply to providers of full-time online education only.  This is worth noting as it may be something that local authorities could use to discharge their duties under S19.  Whilst a B code would not normally be used for a pupil accessing online education from home, it seems likely that, when online education providers become accredited, this code may be used for pupils on their 'school' roll.

Absence of Pupils not yet of Statutory School Age

All pupils who are on the school roll must be recorded as absent using the appropriate absence code, as for pupils of statutory school age, if their absence was not expected.  It is important that they are not recorded absent using an X code as this could mask an emerging attendance problem (the X code can/should be used for the sessions when a child is not expected to be in school if they are attending part-time).  Coding in this way will not affect the overall attendance percentage.

Alternative Provision

If you have a pupil who remains on your roll but spends part or all of their time at another establishment then it is crucial that you check on their attendance every day and have good communications in place with the provision.  This document is a useful summary of your safeguarding responsibilities:  https://www.judiciumeducation.co.uk/news/safeguarding-students-when-using-alternative-provision  

Bereavement

Childhood bereavement can be devastating for a child and difficult to handle.  Children react in many different ways and the reaction can often be delayed by a significant period.  There is no rigid policy on absence in these circumstances as each child needs to be supported in a way that is best for them.  However, be alert to the needs of the child balanced against the needs of the family - it may be that a grieving parent is reluctant to let their child leave them to go into school and this can cause difficulties.

Where a bereavement is impending, such as a seriously ill relation, it may well be worth putting together a bereavement plan for the child in advance with the parent/guardian.

The following provide useful information on child bereavement:

• https://www.childbereavementuk.org/pages/category/primary-schools 

• https://schoolsweek.co.uk/child-bereavement-plans-schools/ 

Winston’s Wish is a charity that specialises in supporting children and young people after the death of a parent or sibling and can provide advice and support for professionals as well as the families involved.

If you would like to speak with a member of the Winston’s Wish team about how to support a specific bereaved child, please contact the free helpline on 08088 020 021 or email ask@winstonswish.org 

COVID-19

• Much of the previous COVID-19 long-standing guidance documents have now been withdrawn.  The key document for reference is now:  https://www.gov.uk/guidance/people-with-symptoms-of-a-respiratory-infection-including-covid-19 which should be freely shared with staff and parents. 

• The list of symptoms for COVID-10 and other common respiratory illnesses has now been revised and enlarged as follows: continuous cough, high temperature, loss of taste or smell, shortness of breath, tiredness and lethargy, muscles aches, loss of appetite, headache, sore throat or stuffy nose, D&V.

• Adults and children who have these symptoms can continue to come to school unless they do not feel well enough and/or have a high temperature.  Children with mild symptoms, such as a runny nose or cough should continue to come to school as usual. 

• It is not recommended that anyone under the age of 18 has a COVID-19 test unless recommended to do so by a health professional.  However, if a child does have a positive test, they should avoid other people for a period of 3 days (day one is the day after they took the test). 

Emotionally Based School Avoidance

This is the correct term for what used to be known as school refusal.

According to theschoolrun.com, school refusal affects around one per cent of children. It’s more common in boys, and tends to peak between ages five and six, and 11 and 12.   It is an extreme form of anxiety that debilitates the child.  Commonly school refusers are generally well-behaved, above average academically and free of anti-social behaviour (therefore not your typical truant).  Unfortunately it is a complex issue and there is no easy answer.  More recently the plight of school refusers and their parents have been in the press.  Parents report that they are put under pressure by the schools to force their children to attend.  Whilst there is no single accepted way to manage a school refuser, there are now several sources of help and support that you might wish to consider.  This support plan is particularly useful (courtesy of Attendance Matters).   Birmingham have also recently produced a comprehensive guide to support pupils with emotionally based school avoidance and you can find this document in the folder at the bottom of the page.

The following provide useful information on school refusal:

• https://www.annafreud.org/schools-and-colleges/resources/schools-in-mind-seminars/  (access a recording of a seminar on EBSA)  You can also find the PowerPoint and links from the seminar in the folder at the bottom of this page.

• https://www.schoolrefusal.co.uk/ 

• http://www.healthofchildren.com/S/School-Phobia-School-Refusal.html 

• https://schoolsweek.co.uk/there-are-no-easy-answers-to-school-refusal/ 

• https://www.theschoolrun.com/coping-with-school-refusal 

• https://www.autism.org.uk/advice-and-guidance/topics/education/attendance-problems

• https://offschool.org.uk/wp-content/uploads/2020/07/ABSR-GUIDE-complete.pdf 

• https://www.annafreud.org/media/18945/addressing-emotionally-based-school-avoidance-rebrand.pdf 

Exclusion (see suspensions below)

Fabricated or Induced Illness

This was previously referred to as 'Munchausen's syndrome by proxy'.  It is when a parent or carer either makes up symptoms about their child, falsifies medical tests or else deliberately causes their child to become ill.  This is a rare type of abuse but you should always be alert to it and consider whether any possible signs indicate this could be taking place.  Typically this might include frequent and unexplained absences and regular claims by the parent that the child is suffering from symptoms that are not spotted at school (often these will be vague symptoms or claims of allergies).   You can find out more information regarding this from this NHS website page.   Any concerns regarding fabricated or induced illness should be shared with your DSL.

Flexi-Schooling

This is an arrangement that parents can make with a school which is essentially a hybrid model between school attendance and EHE.  The pupil would most likely attend part-time.  It is for parents to approach the principal with a request and usually they would set out their reasons and the proposed working arrangements.  The principal can then decide whether to agree with the arrangement or not.  A decision should always be made in the best interests of the child but principals should be aware that on the days the child is not in school, this remains an authorised absence and that the child will be included in any SAT statistics.  Should you get a request for flexi-schooling, please consult Wendy Baxter.  Please read this document (section 10.7-10.9 on page 34 for the statutory guidance on flexi-schooling).  NYCC have also produced a guide and template which you may find useful and this can be found in the folder at the bottom of this page.

Infectious Disease Outbreak (see also unplanned school closure below)

You should consult your Trust attendance lead for advice if you have an outbreak of an infectious disease (see also school closure below if you feel that the outbreak may warrant this).  See also this useful poster from Public Health on control of infection.  Post-Covid, the guidance that was issued specifically for COVID-19 has now become a more generalised guidance document on dealing with infectious diseases within school and can be accessed by clicking here.

Long term illness/disability

The academy should make every effort to ensure to ensure that chldren will long-term illness and disability are able to attend school as much as possible and arrangements are made for their continuing education when they cannot be at school (SEND arrangements are not covered specifically in this guide, only aspects relating to attendance)..  Therefore do not simply accept that a child is too ill to be in school, but rather find out what they are able to do - either in school or at home.  It may be appropriate to consider a part-time timetable for a short time to support a child who is not well enough to attend full-time.  Video linking to the classroom is also another way to keep a child in touch and access to the internet can broaden educational opportunities.

If a child is going to be away from school for more than 15 school days, then they have an entitlement which is outlined in the DfE Guidance on Pupils with Medical Needs.  However, be wary of interpretation of this guidance which appears to put the onus on the local authority.  In some local authorities this responsibility has been put back to academies financially (known as de-delegation and agreed as part of the school forum) or outsourced.  It is therefore important that you are in contact with the local authority at the earliest opportunity when you know that a child is going to have a lengthy absence (eg after an accident when they are hospitalised or in the case of routine/emergency surgery) to agree on arrangements and funding.  This, of course, should also be done in consultation with the parents and child.  There is also a new 'grey area' since the use of remote learning and technology to support education and it may be argued by your LA that the onus is back on the school to provide this.  If this is the case, please contact Wendy who can support you in moving forwards.

Long Term Absence

Section 19 of the Education Act 1996 places a duty on LAs to make suitable alternative education for children of statutory school age who cannot attend school because of illness, exclusion or any other reason.   Many local authorities will give the impression that they only have to provide this for children with medical needs, which is not the case.  It is recommended that you put in a request to your local authority for any child who has long term absence to have their educational needs met by the local authority.  If the LA reject this request then you should encourage parents to go through the LA complaints procedure and if this is not successful, refer the case to the Ombudsman.  The Ombudsman has recently highlighted the duty of LAs to provide a suitable education for children not attending school and has a good success rate in ensuring that LAs meet their duty.

Part-time timetables

A pupil may only be placed on a part-time timetable in exceptional circumstances and in the interests of the pupil.  It is important that you notify your local authority of any pupil that you put on a part-time  timetable.  You may wish to read the Hull protocol on use of part-time timetables to help you in your decision making and arrangements which is available from the bottom of this page.

The DfE School Attendance Guidance (page 57) states:  'All pupils of compulsory school age are entitled to a full-time education. In very exceptional circumstances, where it is in the pupil's best interest, there may be a need for a temporary part-time timetable to meet their individual needs. For example where a medical condition prevents a pupil from attending full-time education and a part-time timetable is considered as part of a re-integration package. A part-time timetable must only be in place for the shortest time necessary and should not be treated as a long-term solution. Any pastoral support programme or other agreement should have a time limit by which point the pupil is expected to attend full-time, either at school or alternative provision.  There should also be formal arrangements in place for regularly reviewing it with the pupil and their parents.  In agreeing to a part-time timetable a school has agreed to a pupil being absent from school for part of the week or day and therefore must treat absence as authorised. '  NOTE THAT THE WORDING HAS BEEN UPDATED IN THE GUIDANCE FOR 2022/23.

In particular note two things:

• Parents must be in agreement

• The part-time nature of the timetable must be reviewed regularly (fortnightly is considered to be good practice)

Ofsted do not like part-time timetables and they will not be happy if too many are in use without strong justification but, if you feel that it is the right thing for the child, then you should not hesitate to use them.

Managed Moves

A managed move is a process which should ultimately lead to a pupil being transferred onto the roll of another school permanently, if successful.  A pupil who transfers to another school on a managed move should be removed from the roll of the original school and entered onto the roll of the receiving school.  The pupils should not usually be dual registered.  A child may not be given a place at another school as a managed move ahead of a child on that school's waiting list unless they are admitted via the FAP.

You may find this article to be helpful:  https://www.brownejacobson.com/insights/managing-moves-between-schools 

STOP PRESS June 2023:  The following information on managed moves was given by Pauline Myers of the DfE at the AEWM conference:  

1. MMs should only happen where the school has a space. (There have always been questions around how could it be right for a child to go on a MM to a school when the school has a waiting list… and there is nothing in the Admissions Code re MMs. I had wondered if the DfE had assumed children only go on a MM to a school with a space - but of course in reality many schools are full.)

2. MMs must be permanent - children should not be dual-rolled and there is no such thing as a trial period of 6/12 weeks etc. She said this is not new and should always have been the case. She mentioned 2007/8 as a reference point, as if that is the time MMs began to be a thing. I think it was perhaps a bit earlier than that (when they were called Negotiated Transfers). The fact that she mentioned trial periods and specially time frames, suggests the DfE know schools do/did use them in this way.

3. MMs should be voluntary. (We know this.)

Performance

See page 57 of the DfE Attendance Guide for full guidance.

A child is allowed time off school to take part in a performance under certain conditions.  A performance licence must be sought from the local authority by the parent/guardian in advance if taking part in the performance is to be treated as paid employment.  There is no specific absence code to be used in these circumstances and it will depend upon the exact nature and location of the performance.  However, if in doubt use  the C code.

If the performance is not being treated as paid employment then no performance licence is required and it will be at the discretion of the principal as to whether leave of absence will be granted.  However, the DfE imply in their guidance that principals should be sympathetic to any requests providing that there will be no negative effect on the pupil's education.

It is good practice to ensure that any pupil who has significant time off to take part in a performance has an in-school mentor who will liaise with parents/guardians and check in on the child regularly, ensuring that their education needs are met and they are able to catch up on any lost learning time.

Religious festivals

Time off for religious reasons must be treated with cultural sensitivity and yet also in a manner that is reasonable.  If you have a significant population who follow a particular religion, it is wise to ensure that you are familiar with the religious festivals and holidays of that religion.  Consider also whether this is a matter for your pupils or your staffing as well.  This document provides some good general advice.  Please note that you cannot code this as an educational visit even if you know the pupils will be attending a religious institution!  The main issue to be clear with parents about is the length of time off for religious observance.  There is a difference between observing a religious holiday and celebrating the event over a longer period.  You can encourage good attendance around the religious holiday by using it as an opportunity to learn about the religious holiday and have an in-school celebration if appropriate.  You might even be able to consider pupils attending for a morning to celebrate together and then leaving at lunchtime.

Service Children

Service children may be considered a special case in terms of granting authorised holiday leave.  This is due to the restrictions placed on service personnel on when they can take leave.  For the latest guidance please click here.

Suspension 

Suspension will only be covered in this guide in relation to attendance.  Note that the terms have recently changed so that the term 'suspension' replaces 'fixed-term exclusion' and exclusion technically refers to permanent exclusions only.  However, you can find the full DfE guidance on suspension by clicking here.  If no alternative provision is provided for a pupil who is excluded then they will be marked with an E code, which is an authorised absence code (note that the code remains as E (for exclusion).  A pupil is considered to be present if they are only excluded internally.  If a pupil is provided with alternative provision (mandatory from the sixth day of absence) then the most appropriate code is likely to be D.  For attendance purposes, it is therefore beneficial to have a mutual arrangement with another local school to take pupils who have been suspended.  Kimberley Lawton is primary trust lead for behaviour, suspensions and exclusions and is available to give further advice.

The DfE Attendance Unit have also recently shared this guidance on coding suspensions:  "The school attendance register should not be confused with keeping a formal record of a suspension. The attendance register is a record of whether or not a pupil was physically in school at the point at which it was taken. Therefore, If a pupil was physically in school at the time the register was taken, the pupil should be recorded as present.

If a pupil is suspended before the morning registration, it will count as a full day suspension. If they are suspended after morning registration, it will count as a half-day suspension."

Transition Days

This will mainly apply to Y6 pupils attending their secondary schools for transition, but equally is applicable to transition to another phase of school, provided that it is a different school to their current one.  Pupils attending a transition day event at their new school should be coded B which is an attendance code, so will not affect your attendance statistics.  However, their current school still retains responsibility for safeguarding and therefore should have mechanisms in place to ensure that they can check the child's attendance at the new school in a timely manner and follow up on any absence. 

Travellers

The term Traveller is an umbrella term which includes different groups and communities.  For a good explanation of the different groups and their unique culture, read this web page.  The law on traveller attendance is quite complex to understand and it important to ensure that the correct attendance codes are used in registration and there is a clear understanding as to the status of the school and whether the child must remain on roll, even when travelling and not attending.  Although quite an old document now, the advice in this document remains entirely up to date and it is well explained (except do not automatically consult your local authority, seek advice from your Trust attendance lead first).

Unplanned School Closure

The most common reasons for an unplanned (short notice planned) closure are usually an issue with the building (eg boiler not working on a cold winter's day) or bad weather ('snow days').  Less commonly is a closure due to an outbreak of an infectious disease or infestation or closure due to use as a polling station.  In all of the above cases a 'Y' code should be used not '#' code.  When considering a school closure the main factors to consider are - can you safely staff the building, is the building itself safe, can lunch be provided and are toilets useable?  In addition, you may need to take some professional advice, for example when there is an outbreak of an infectious illness.  In all cases please consult your regional director before making a final decision.  

During the parts of the year when poor weather can affect attendance it is important to ensure that you have a clear plan in place to take a decision regarding closure and how this will be communicated.  Equally, you should have a plan in place to continue to encourage attendance if there is any doubt that the school is open but it is.  You can download a variety of resources to support your winter messaging from this page (but remember it is a US site so check to ensure that messaging is suitable.

If considering a closure of the school due to an outbreak of an infectious illness (typically a winter vomiting bug or more topically Scarlet Fever) then the potential trigger factors should be a daily attendance rate of 90% or less, 5-10 pupils sent home during the day with the same symptoms or staff reporting that they are feeling unwell (this is just a guide and should be adjusted for the size of the school).  In this case you will need to consider arrangements for a deep clean of affected areas and also the length of any closure.  Previous experience suggests that it is better to close for at least 48 hours to enable break the cycle of infection.  In the short term the best actions to take are to ensure that all children and staff wash their hands frequently and thoroughly.  Vomit is the most infectious material so children should be kept well away from this and it should be cleared up with care.  You may find this poster from Public Health to be a useful aid and this guidance from the UKHSA to be helpful.

Resources