Working together to improve school attendance

The above-titled statutory guidance came into force on 19 August 2024, alongside the School Attendance (Pupil Registration)(England) Regulations 2024. Both documents have implications for all schools (independent and state funded) in England, albeit to different extents.  In this article, I will set out some of the key changes which will impact schools.

The importance of this guidance has been elevated compared to previous versions.  It is now statutory guidance issued under various pieces of education legislation relating to independent and state-funded schools.  This means that those schools must follow the guidance unless there is a good reason for departure.  Whilst all the guidance applies to state-funded schools; only chapters 1 and 2 of the guidance relate to independent schools.  However, the regulations will apply to independent schools and therefore the information about registers will be useful.

Admission register

Under the Education Act 1996, all schools must hold an admission register (“the school roll”) and an attendance register (unless all pupils are boarding).  The 2024 regulations and guidance provide further details on the requirements.  These registers must now be kept electronically and every entry must now be kept for at least six years.

The guidance makes it clear that the pupils’ details cannot be added to the school roll until the school and “person with control of the pupil’s attendance” have agreed that the pupil will attend the school.  That person will generally be the parent but could, on other occasions, be another school where an off-site direction has been imposed on the child’s parents. Where no date has been agreed, the pupil’s details cannot be added until the pupil actually attends the school. This approach will assist state-funded schools in potential disputes with parents and local authorities where, for example, a school has been named on an EHCP and the parent does not want their child to attend the school.  The duty on the state-funded school to place the child on roll under section 43 would not kick in until the child actually attended the school. 

The pupil details to be obtained and added to the register remain broadly the same, but now includes the name used by the pupil at school, which may have practical benefits to schools.

The grounds for deletion from the school roll remain limited to the specific areas set out in the regulations, and it has been clarified that retrospective deletion from roll is not permitted and that information on deletions must be shared with the local authority.  There are a few key changes in respect of deletion. Firstly, in cases where joint work is required between the school and local authority to find the pupil’s location and circumstances (failure to return after authorised holiday or continuous absence for 20 school days or more), it will be possible to delete from the school roll. This will be the case even when the pupil is located but there are no reasonable grounds to believe the child will return to school, either with support or as a consequence of legal intervention.  This option is not available in cases of ill-health, and the clear expectation is that deletions will be rare on this ground.

Secondly, it is worth noting that one ground for deletion has been removed from the regulations and guidance: when the child is certified by the school medical officer as being unlikely to be in a fit state of health to attend school before ceasing to be of compulsory school age.  This cannot now be used as a ground for deletion and the expectation on schools would be to contact the local authority when a pupil has been absent for 15 school days, or is likely to be absent for that period of time, so the local authority can support the pupil under section 19 of the Education Act 1996.  This approach would complement the DfE guidance ‘Arranging education for children who cannot attend school because of health needs’.

Attendance register

The attendance register will still need to be taken at the start of the morning session and once during the afternoon session.  There are two main changes as regards the attendance register. Firstly, the attendance codes have been updated and expanded to cover a wider range of reasons for absence.  It is hoped that this will provide a greater degree of transparency and allow for greater monitoring of student participation by senior leaders and governors/trustees (who have a role in holding senior leaders to account).  This obviously depends on the data being accurate and consistently recorded using the new codes.

Secondly, there is a change of position in the guidance around term-time holidays.  Whilst, previously, requests may have been granted in exceptional circumstances, the new guidance expressly confirms that such requests should not now be granted.  The guidance sets out that all schools should limit leaves of absence to taking part in a performance, attending an interview, study leave, attending school on a part-time timetable or other exceptional circumstances.  It is noted that maintained schools and non-maintained special schools must apply these rules in the regulations. 

There are also requirements to share data with the DfE and local authority. In addition to that, it is suggested that sharing data across local schools may also be useful in order to identify trends and, more importantly, potential solutions to improve school attendance.

Interventions to improve school attendance

Given the changes in the regulations and guidance, it will be important that schools reflect the changes in updated attendance policies and make these known to staff, pupils and parents.  The need for staff training is expressly covered in the guidance.  Schools will be expected to have a Senior Attendance Champion – a senior leader within the school who will lead on attendance within the school. The aim of the policy is for schools, local authorities and families to work together to improve school attendance for pupils, and that approach will be the starting point when a pupil’s attendance is below expected standards. 

In looking at solutions, the guidance makes it clear that schools must consider the pupil’s circumstances and whether the barriers to attendance relate to any disability or medical reasons.  In such cases, schools will need to consider their wider duties under the Equality Act 2010 to make reasonable adjustments, or their duty under section 100 of the Children & Families Act 2010 to make provision for children with medical conditions. This means that there will not be a “one size fits all” approach and schools will need to make different decisions on the steps to take (i.e. part-time timetables/remote education/attendance contracts) or whether and when legal intervention is required, depending on the circumstances.

Where legal intervention is required to improve attendance, the guidance alongside the Education (Fixed Penalty Notice) Regulations 2007 (as amended) provide a clear framework for action.  Whilst the Codes of Conduct for issuing fixed penalty notices will still determine the precise operational requirements in any local authority area, including whether authorised school staff (Headteacher, Deputy or Assistant Heads) can issue fixed penalty notices, the guidance makes it clear that:

• Communications with parents about current levels of attendance and potential consequences are appropriate – a notice to improve should be issued where the threshold is met;
• Where a pupil is absent without authorisation for ten school sessions within a rolling period of ten school weeks, the school must consider whether a fixed penalty notice is appropriate;
• Where a fixed penalty notice is issued, the parent(s) will be required to pay £80 if paid within 21 days or £160 if paid within 28 days;
• Where a second penalty notice is issued in respect of the same pupil, the charge will be a flat rate of £160;
• Where the threshold is met again for the same child within a period of three years from the date the first penalty notice was issued, a further penalty notice cannot be issued and consideration must be given to other interventions, including prosecution;
• Fines remain payable to the local authority, who must use the funding for attendance support or otherwise pass the funding to the DfE. 

Other forms of legal intervention – Education Supervision Orders and prosecutions – are for the local authority to decide upon, but the guidance is clear about the expectation that local authorities will work with schools and implement the necessary interventions when appropriate.

Whilst it has not been possible to cover all the changes set out in the new attendance guidance, the key issues raised here will hopefully provide a useful starting point for further work in schools.  If queries arise from the guidance or attendance related issues, please contact your usual Stone King contact or Richard Freeth on 0121 387 3293 or richardfreeth@stoneking.co.uk.