How Can Schools Work With New Guidance To Improve Attendance Rates?

According to latest government figures, school absences on Fridays have increased by 20%, (with 50,000 more pupils absent on Fridays compared to Mondays), and unauthorised holidays are 25% higher than they were pre-Covid.

As a result, the Department for Education has issued new guidance (and revised fines) to tackle unauthorised absences.

The new statutory guidance, Working together to improve school attendance, came into effect on 19 August, providing direction on when schools should escalate cases of persistent, unauthorised absences. However, although the fines are issued by local councils, it is often the schools that bear the brunt of parent frustrations and complaints.

How can schools use the new guidance to minimise friction with parents?

Facilitate open dialogue

Schools need to work with parents and hold open and honest conversations that seek to understand the root causes of absences, whether this is due to prolonged illness, mental health issues, or other factors.

Highlight available resources and services

Highlighting the resources available to aid pupils struggling with physical or mental health issues could empower them to cope with their issues when they are at school, thereby increasing attendance. Collaboration between schools, students, and families is crucial, and schools should be open to making reasonable adjustments, to create a positive and supportive environment.

The cost-of-living crisis has also significantly impacted many families and schools need to consider these circumstances when enforcing policies. Enabling open conversations, in addition to providing information about financial support services such as free school meals or uniform support, can help alleviate some of the pressures on low-income families.

Handle matters sensitively

When addressing attendance concerns, it’s important to approach sensitive topics, such as health or finances, with care. The focus should always be on the parents, pupils and the school working together to find a solution that works for everyone.

Encourage good attendance

Promoting and incentivising good attendance through positive reinforcement is key to achieving a culture of regular attendance. This approach not only fosters a constructive dialogue, but it also helps establish an environment where high attendance is valued and celebrated.

What if attendance rates still don’t improve?

If persistent absences continue, despite open communication and implemented solutions, schools may need to explore other routes. One approach is to consider implementing parenting contracts which, while voluntary, can help to provide individual support for students with severe absence issues, before resorting to legal action.

However, schools must be cautious not to make exceptions, as this could undermine the consistent enforcement of policies and lead to wider parental frustrations and complaints.

If all other routes have been exhausted, schools may need to issue penalty notices in line with the National Framework. For more severe cases, attendance prosecution in the Magistrates’ Court may be necessary.

As of 19 August 2024, amendments to the Education (Penalty Notices) Regulations will increase the unauthorised absence penalty notice amount from £60 to £80, increasing to £160 if not paid within 21 days.

These legal routes should only be considered for the most severe cases where communication has completely broken down and all other strategies have failed.

What is included in the new school attendance guidance?

When pursuing fines or prosecution for persistent, unauthorised absences, schools should be prepared for potential complaints from parents, either directly or through an independent body like Ofsted. To effectively manage these complaints, schools must clearly document each stage of the process, including the number of absences, alongside the steps taken to resolve the issue with the family before escalating the case. This thorough documentation not only supports the case if it needs to be escalated, but it may also prevent legal claims.

The School Attendance (Pupil Registration) (England) Regulations

These new regulations also came into effect on 19 August and require schools to maintain electronic attendance records. These regulations specify mandatory attendance codes to be utilised by schools to increase legal accountability and ensure that no cases requiring further attention are overlooked.

New data tool

The Department for Education has also introduced a new data tool to assist schools in enforcing attendance policies. This tool will make it easier to identify trends across year groups, enabling swift intervention and support. Additionally, it will help schools to respond to complaints more effectively, with accurate, documented evidence behind every case escalation.

We can support you

In the case of absences, balancing empathy with attendance policies is challenge. Establishing positive and collaborative relationships with families, seeking third-party advice where necessary, and working together to find solutions before escalating cases can make this process smoother and more effective.

Our team is education law solicitors can support you with understanding and following these new guidelines to ensure the best solution in reached for everyone involved.