Learn More: Attendance

Being in some form of education is mandatory for all children in the UK between the ages of 5 and 18. It is a legal requirement, and parents who fail to ensure their child’s attendance may face fines. Regular attendance is also a crucial way to monitor whether your child or young person is receiving the education they need to be well-prepared for adult life and future employment. 

What sub-sections are available on this page?

• • • The Law on Attendance
    • How Attendance is Monitored
    • The ‘T-Code’ Explained
    • Consequences of Poor Attendance

ATTENDANCE

NON ATTENDANCE

The law requires all children to receive a full-time education from the age of five until the last Friday of June after they turn eighteen. The law regarding education for sixteen to eighteen-year-olds in England has changed. Please click here for more information.

Full-time education

As a parent, it is your legal duty to ensure that your child receives a full-time education during the mandatory school age. Parents can be criminally prosecuted if they fail to meet this duty, either by not ensuring their child attends school or by not providing suitable home education for children who are not enrolled at a school. 

In most cases, you will receive warnings and offers of support from the local council before any action is taken. However, you can be fined for taking your child out of school during term time without the school’s permission. 

Young people aged 16 and 17 must do one of the following: 

• Stay in full-time education (such as attending college) 
• Start an apprenticeship or traineeship 
• Work or volunteer for at least 20 hours per week while in part-time education or training 

You must obtain permission from the head teacher if you wish to take your child out of school during term time. The head teacher will decide how many days of absence are permitted. Permission is required for any absence from school, including family occasions such as weddings and funerals. 

It is your responsibility to ensure that your child attends school on all required days. Based on The Traveller Movement’s experience, most schools aim for a 95% attendance rate. If your child’s attendance falls below 85%, the school will typically arrange a meeting with you and the Education Welfare Officer. 

Missing one day per week over the course of a year would result in 80% attendance, which is likely to raise concern with the school. 

If you travel frequently, your child can register at a local school in the area where you stay, while keeping their place in their home school. 

The T-Code is a specific code used to authorise certain absences for families who need to travel for work. If your family is travelling for work purposes, ensure you inform the school, allowing them to record a ‘T’ in the register, which marks agreed absences for Romani (Gypsy), Roma and Irish Traveller pupils while their parents are travelling for work. 

Who can use the T-Code? 

The term “Traveller” includes various ethnic and occupational groups, such as Irish and Scottish Travellers, English and Welsh Gypsies, Roma, Showmen (fairground people), Circus people, Bargees, and New Age Travellers. 

When should the T-Code be used? 

This code should only be applied when families are travelling for occupational purposes, having agreed on the absence with the school in advance, but where it’s uncertain if the pupil is attending educational provision. 

When can the T-Code not be used? 

The T-Code cannot be used for any other absences, such as for weddings, funerals, or non-work-related events. Families from these groups who are not travelling are expected to register their children at a school and ensure regular attendance, following the same rules as all other children. 

Other information related to the T-Code 

To ensure continuity in education, Romani (Gypsy), Roma and Irish Traveller children are expected to attend a school near their travelling location and be dual registered at both their main school and the local school during the period of travel. 

THE T-CODE

Each school will have an attendance policy, which may be included in their behaviour or code of conduct policy. This means schools may manage non-attendance differently, so it’s helpful to refer to this policy, which should be available on the school’s website. 

Schools are generally supportive in managing poor attendance, but they have a legal duty to monitor it and may face investigation if they fail to address high non-attendance rates. Therefore, parents can expect to receive a fine if their child does not attend school. 

Key Facts About Non-Attendance Fines 

Parents of children who do not attend school may be issued a Fixed Penalty Notice (FPN) by the local authority. The penalty is typically £60 but increases to £120 if paid after 21 days and before 28 days. 

Each local authority should publish a ‘Code of Conduct’ for Fixed Penalty Notices. It is the school head teacher who decides whether to issue a Fixed Penalty Notice for unauthorised absences by making a referral to the local authority. 

There is no right to appeal against a Fixed Penalty Notice. If it is not paid, the local authority may either proceed to prosecution or withdraw the notice. The local authority can prosecute parents without issuing a Fixed Penalty Notice and must fund the prosecution costs. 

If a registered pupil of compulsory school age fails to attend school regularly, the parent may be guilty of an offence. “Regularly” means attendance on all days required by the school, and failure to comply may lead to prosecution. 

Non-Attendance Offences 

Section 444(1) Education Act 1996 – If the child is absent without authorisation, the parent is guilty of an offence, punishable by a fine of up to £1,000. 

Section 444(1A) Education Act 1996 – This is an aggravated offence. If the parent knew about the unauthorised absence and failed to act, they may be fined up to £2,500 or face up to 3 months in prison. 

Parents can also be prosecuted under Section 103 Education and Inspections Act 2006 if their excluded child is found in a public place during school hours. This could result in a fine of up to £1,000. 

Defences Against Non-Attendance Offences 

• The head teacher authorised the absence. 
• The child was sick or unable to attend due to an unavoidable cause. 
• The child was observing a religious holiday. 
• The school is outside the statutory walking distance, and the local authority has failed to provide transportation. 
• The child is receiving suitable alternative education. 
• The parents’ trade requires them to travel. 

Our Advice 

We encourage parents to have open conversations with schools about any challenges preventing attendance. Schools can only provide support if they are aware of the issues. If you believe you’ve been unfairly fined or taken to court, due to discrimination or a failure by the school to follow its policies, please contact our Community Advocacy Caseworker for advice and support. 

For further information, visit Child Law Advice.