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School Attendance Guide: Rights & Support

In England, parents have a legal responsibility to ensure that children of compulsory school age receive a suitable full-time education.

About this guide

In England, parents have a legal responsibility to ensure that children of compulsory school age receive a suitable full-time education.

1. School Attendance Rules

England: “Working together to improve school attendance” is statutory guidance and was updated on 9 July 2026. It covers responsibilities of schools, trusts, governing bodies, local authorities and parents, and support for pupils who are persistently or severely absent.

In England, parents have a legal responsibility to ensure that children of compulsory school age receive a suitable full-time education.

Most children attend school, but education may also be provided through:

  • Elective Home Education (EHE)
  • Alternative Provision
  • Specialist placements
  • Education arranged because of health needs

Schools and local authorities also have legal duties relating to:

  • Safeguarding
  • Attendance support
  • SEND support
  • Equality duties
  • Alternative education arrangements where required

Useful links:

2. Illness & Absence

Medical evidence: schools should not routinely require a doctor's note for every short-term illness. Where evidence is reasonably needed for longer-term or repeated health-related absence, relevant evidence can include appointment letters, prescriptions, GP or hospital information, care plans or other professional evidence.

Children should not normally attend school when they are too unwell to participate safely or effectively.

Common reasons for authorised illness absence may include:

  • Physical illness
  • Hospital appointments
  • Infectious diseases
  • Recovery after medical treatment
  • Mental health difficulties
  • Severe anxiety
  • Specialist assessments

Parents should:

  • Inform the school as soon as possible
  • Follow school reporting procedures
  • Keep records of absences
  • Provide medical evidence if requested
  • Maintain communication with the school

Useful links:

3. Persistent Absence

Official England definition: a pupil is persistently absent if they miss 10% or more of their possible sessions, and severely absent if they miss 50% or more. These are attendance-management/statistical thresholds, not automatic proof of a parental offence.

A child may be identified as persistently absent when attendance falls significantly below expected levels.

Persistent absence may be linked to:

  • SEND
  • Autism
  • ADHD
  • Anxiety
  • Bullying
  • Health conditions
  • Bereavement
  • Family difficulties
  • Transport issues
  • Safeguarding concerns

Parents should ask:

  • Why attendance has reduced
  • What barriers exist
  • What support can be offered
  • Whether SEND needs are being met
  • Whether mental health support is required

Early intervention is usually more effective than waiting until attendance becomes critical.

4. School Refusal

Look behind the behaviour. “School refusal” is not a legal category and should not be treated as proof of defiance. Anxiety, SEND, bullying, trauma, sensory distress, health needs or safeguarding concerns may all create attendance barriers that need assessment and support.

The term "school refusal" is often used when a child experiences severe distress about attending school.

In many cases, difficulties are not simply a refusal to attend but may reflect:

  • Anxiety
  • Trauma
  • Bullying
  • Unmet SEND needs
  • Sensory difficulties
  • Mental health concerns
  • Safeguarding issues

Good practice focuses on understanding causes and developing supportive solutions rather than punishment.

Useful support:

5. Emotionally Based School Avoidance (EBSA)

EBSA is a descriptive term, not a statutory diagnosis. Support should focus on causes of distress and realistic steps with the child and family. DfE guidance specifically addresses mental-health issues affecting attendance.

Emotionally Based School Avoidance (EBSA) describes attendance difficulties caused by emotional distress.

EBSA may involve:

  • Panic attacks
  • Extreme anxiety
  • Physical symptoms
  • Distress before school
  • Withdrawal
  • Emotional exhaustion

Helpful support may include:

  • Gradual reintegration plans
  • Reduced demands
  • Safe spaces
  • Trusted adults
  • Flexible arrangements
  • SEND assessments
  • Mental health referrals
  • Multi-agency support

Useful guidance:

6. Attendance Concerns

Where attendance becomes a concern, schools should normally work collaboratively with families.

Support may include:

  • Attendance meetings
  • Early help support
  • Pastoral support
  • SEND reviews
  • Mental health referrals
  • Family support services
  • Attendance plans

Parents should request:

  • Written records of meetings
  • Action plans
  • Review dates
  • Copies of attendance records

Keep communication factual, respectful and child-focused.

7. School Attendance Fines

England national penalty-notice framework: where a pupil has 10 sessions of unauthorised absence within a rolling 10-school-week period, a penalty notice must be considered. The sessions do not have to be consecutive and can span terms or school years.
Current amounts: the first notice is normally £160 per parent, per child, reduced to £80 if paid within 21 days. A second notice to the same parent for the same child within 3 years is £160 with no reduced rate. A third offence within that period normally cannot be dealt with by another penalty notice and may be considered for prosecution.

Local authorities may issue penalty notices in certain circumstances where attendance concerns are not resolved.

Before enforcement action, authorities should normally consider:

  • Support already provided
  • Barriers to attendance
  • SEND needs
  • Disability
  • Medical conditions
  • Safeguarding concerns
  • Family circumstances

Parents who receive attendance-related notices should:

  • Read all documents carefully
  • Keep copies
  • Seek advice promptly
  • Provide supporting evidence where relevant

Useful links:

8. Medical Needs & Attendance

Section 19 – England: where a compulsory-school-age child would otherwise not receive suitable education because of illness, exclusion or another reason, section 19 of the Education Act 1996 can require the local authority to arrange suitable education.

Some children cannot attend school because of physical or mental health needs.

This may include:

  • Long-term illness
  • Chronic medical conditions
  • Cancer treatment
  • Mental health conditions
  • Recovery following surgery
  • Severe anxiety or other diagnosed conditions

Government guidance states that local authorities have duties to arrange suitable education for children who cannot attend school because of health needs. (England)

Useful links:

Parents may wish to request:

  • Medical support plans
  • Reduced timetables where appropriate
  • Alternative provision
  • SEND assessment
  • EHCP review

9. Attendance Appeals & Challenging Decisions

Penalty notices are different from ordinary appealable school decisions. There is not normally a statutory appeal process against an attendance penalty notice. If a notice appears wrong, ask the issuing authority immediately whether it should be withdrawn and provide evidence. Do not ignore payment or prosecution deadlines while pursuing a complaint or challenge.

Parents may wish to challenge decisions relating to:

  • Attendance enforcement
  • Failure to provide support
  • Lack of reasonable adjustments
  • Disability discrimination
  • Failure to meet SEND duties
  • Alternative provision concerns

Useful steps:

Step 1

Request written reasons.

Step 2

Gather evidence.

Step 3

Use school complaints procedures.

Step 4

Escalate to the local authority.

Step 5

Seek specialist legal advice where necessary.

Useful organisations:

10. Elective Home Education (EHE)

England EHE clarification: if a child attends a special school under arrangements made by the local authority, the child's name cannot normally be removed from the roll for home education without local-authority consent. A mainstream-school pupil does not need that consent simply because they have an EHC plan.

Parents have the right to educate their children at home if they choose to do so.

Home education must generally be:

  • Suitable
  • Efficient
  • Appropriate to age, ability and needs

Parents considering home education should understand:

  • Educational responsibilities
  • Curriculum flexibility
  • SEND implications
  • Examination arrangements
  • Future education pathways

Useful links:

11. Legal Rights

Key England legal sources: attendance duties can engage the Education Act 1996, School Attendance (Pupil Registration) (England) Regulations 2024, Equality Act 2010, Children and Families Act 2014, SEND duties, safeguarding obligations and section 19 health-needs education duties.

Children, young people and families may have rights relating to:

Education

  • Access to suitable education
  • Alternative education where appropriate
  • Attendance support

SEND

  • SEN Support
  • EHCP assessments
  • Reasonable adjustments
  • SEND appeals

Equality

Protection from discrimination relating to:

  • Disability
  • Race
  • Religion or belief
  • Sex
  • Gender reassignment
  • Sexual orientation

Health

  • Support where health affects education
  • Appropriate educational provision during absence

Useful links:

12. Evidence Standards

Good evidence is often essential when discussing attendance concerns.

Useful evidence includes:

  • Attendance records
  • Medical letters
  • GP reports
  • Hospital records
  • Mental health evidence
  • School emails
  • SEND documentation
  • EHCP paperwork
  • Meeting notes
  • Behaviour records
  • Bullying reports
  • Professional assessments

Create a clear timeline recording:

  • Dates
  • Attendance concerns
  • Barriers identified
  • Support requested
  • School responses
  • Impact on the child

Evidence should be factual, organised and focused on the child's needs.

13. Accountability & Escalation

Match the route to the problem. A school complaint, attendance enforcement challenge, SEND Tribunal appeal, disability discrimination claim, safeguarding referral and Ombudsman complaint are different processes with different remedies and deadlines.

If concerns remain unresolved:

School Level

  • Teacher
  • Form tutor
  • Attendance officer
  • SENCO
  • Headteacher

Governing Level

  • Governors
  • Academy Trust

Local Authority

  • Attendance team
  • SEND services
  • Education welfare services

Independent Routes

  • Ombudsman
  • SEND Tribunal
  • Legal advice services

Useful links:

14. Quick Help Directory

Attendance Rules

https://www.gov.uk/school-attendance-absence

Attendance Guidance

https://www.gov.uk/government/publications/working-together-to-improve-school-attendance

Mental Health & Attendance

https://www.gov.uk/government/publications/mental-health-issues-affecting-a-pupils-attendance-guidance-for-schools

Medical Needs & Education

https://www.gov.uk/government/publications/education-for-children-with-health-needs-who-cannot-attend-school

Elective Home Education

https://www.gov.uk/home-education

SEND Support

https://www.gov.uk/government/publications/send-guide-for-parents-and-carers

SEND Legal Advice

https://www.ipsea.org.uk/

Child Law Advice

https://childlawadvice.org.uk/

Mental Health Support

https://www.nhs.uk/mental-health/ https://www.youngminds.org.uk/

School Complaints

https://www.gov.uk/complain-about-school

Ombudsman

https://www.lgo.org.uk/

Key Message

Attendance concerns should always be approached by understanding the reasons behind the absence rather than focusing solely on attendance figures. Early support, effective communication, reasonable adjustments, appropriate evidence and awareness of legal rights can help children and young people access education safely and successfully. Where attendance difficulties are linked to health, SEND, anxiety or safeguarding concerns, schools and local authorities should work collaboratively with families to identify barriers and provide appropriate support.

Current England guidance – 2026

What the Current Attendance Guidance Says

Department for Education statutory guidance, last updated 9 July 2026, expects schools and local authorities to maintain high attendance while also supporting families and pupils who are persistently or severely absent, or at risk of becoming so.

Support First

Schools should work in partnership with families to understand barriers, agree actions and use available support. Legal intervention is for cases where support has not worked, has not been engaged with or is not appropriate.

Persistent Absence

A pupil is persistently absent when they miss 10% or more of possible sessions.

Severe Absence

A pupil is severely absent when they miss 50% or more of possible sessions.

Mental or Physical Ill Health

Current guidance contains specific expectations for supporting pupils whose physical or mental ill health affects attendance, including SEND and reasonable-adjustment considerations.

Penalty notices – England

School Attendance Fines – Current National Framework

A penalty notice is not automatic simply because a child has low attendance. The national threshold concerns unauthorised absence. When the threshold is met, the school/local authority should consider the individual case, whether support is appropriate, and whether a penalty notice is the right tool.

National Threshold

10 unauthorised sessions, usually equal to 5 school days, within a rolling 10-school-week period. The sessions do not have to be consecutive.

First Notice

£160 per parent, per child, reduced to £80 if paid within 21 days. The full £160 must normally be paid within 28 days.

Second Notice Within 3 Years

£160 per parent, per child, payable within 28 days, with no £80 reduced rate.

Third Offence Within 3 Years

A third penalty notice cannot normally be issued for the same parent and child within the rolling 3-year period. Other legal action, including prosecution, may instead be considered.

Term-time holidays: leave during term time should not normally be authorised unless the school considers there are exceptional circumstances. Unauthorised holiday sessions can contribute to the national threshold.
Official attendance data

Latest England Attendance Figures

Department for Education statistics published on 6 August 2026 cover the autumn term of the 2025/26 academic year.

6.47%overall absence rate
18.10%persistently absent
2.12%severely absent
3.37%sessions missed because of illness
Around 1.29 million pupils were persistently absent and around 151,000 were severely absent in autumn 2025/26. Persistent absence was 14.39% in primary, 21.53% in secondary and 35.09% in special schools.
Official DfE Attendance Statistics
Health, SEND & attendance

When Illness, Disability, SEND or Mental Health Affects Attendance

Low attendance can be a symptom of unmet need rather than the underlying problem. Schools should consider barriers such as health, anxiety, disability, SEND, bullying, sensory distress, transport, family circumstances or safeguarding.

Section 19 Health Needs

Local authorities have statutory responsibilities in relevant cases where a child cannot attend school, or can attend only intermittently, because of health needs.

Health Needs Education Guidance

SEND

Schools should consider SEN Support, the graduated approach and whether unmet needs are creating attendance barriers.

SEND Guide for Parents

Disability

Equality Act duties may require reasonable adjustments where a child is disabled. This is separate from attendance enforcement and from whether the child has an EHCP.

Disability & Education Rights
Home education

Elective Home Education – Important England Points

Parents can choose to provide suitable education at home. Home education does not have to follow the national curriculum, but the parent becomes responsible for ensuring suitable education is provided.

Do not deregister only because attendance support has failed without understanding the consequences. Elective home education is a parental choice, not an attendance-management tool for a school. Consider SEND provision, exams, social opportunities, future pathways and any EHC plan implications first.
UK nations

School Attendance Rules Across the UK

Attendance law, recording codes, enforcement and home-education procedures are devolved. The detailed penalty-notice and Section 19 material on this page is mainly for England.

England

England uses the DfE statutory “Working together to improve school attendance” guidance and the national penalty-notice framework.

England Attendance Guidance

Wales

Wales has its own attendance policy and guidance. Welsh Government published updated attendance material in May 2026 and separately reviewed attendance codes.

Wales Attendance & Inclusion

Scotland

Scotland published refreshed national guidance, Included, Engaged and Involved Part 1, in March 2026. It emphasises identifying barriers and coordinated support.

Scotland Attendance Guidance 2026

Northern Ireland

Northern Ireland has separate attendance rules and codes. The Department of Education published 2026/27 attendance guidance on 21 August 2026.

NI Attendance Guidance 2026/27
Official sources

Key Official Attendance Law, Guidance & Help

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