Refer for Legal Intervention

When to refer for legal intervention

Before making a Referral for Legal Intervention, schools must ensure they have fully followed the Support First Approach as outlined in NCC Code of Conduct for issuing PNs regarding Absence from School (PDF, 228 KB).

This means:

• All appropriate support strategies have been offered and implemented
• Barriers to attendance have been explored and addressed in partnership with the family
• Engagement and communication with parents/carers has been consistent and well-documented
• The school has recorded evidence of meetings, interventions, and outcomes

Only when these steps have been completed and support has not led to improved attendance, or parents have disengaged from the process, should a referral for legal intervention be considered. 

Further information and advice on the Support First Approach can be found in our toolkit. 

How to submit a referral

1. Click the referral form link on the right-hand side of this page
2. Select: 
   "the pupil has been absent and support is appropriate, however it has not been engaged with or led to an improvement." 
3. Complete the form with all required details
4. Submit the referral to the Local Authority Attendance Team within 15 school days of informing the parent(s) that a referral will be made. 

What you will need before referring

Before submitting a Referral for Legal Intervention, please ensure you have gathered all the required information and supporting evidence. This will help avoid delays and ensure your referral can be progressed effectively. 

Information you will be asked to provide 

You will be required to answer the following questions in the referral form: 

• What reasons for absence have parents provided? 
• What barriers to attendance have been identified?
• What efforts have parents made to ensure regular attendance? 
• What support has the school offered or put in place? 
• Has the parent engaged with the support offered?
• What reasonable adjustments have been made? 
  (Reasonable adjustments may include flexible timetables, support for medical needs, alternative communication methods, or referrals to external agencies).

You will also be asked to confirm:

• Whether the child is a young carer
• Whether the family is open to social care
• Whether the wider family network has been considered
• Whether all parents (as defined under the Education Act) have been included in the referral, and if not, why?

Evidence you will need to upload

All supporting evidence must be uploaded within the "Support First Approach continued" section of the online referral form, where the referrer is asked to detail how they have communicated with the family. This section captures both your intervention efforts and key dates relevant to the referral.

Please ensure the following are included:

Communication and intervention evidence

• First day calling logs (e.g., daily check-ins when the pupil is absent)
• Text messages or phone call records
• Letters sent home 
• Records of home visits
• Meeting records and agreed plans
• Chronology documents

Key dates and documents

Although these questions appear later in the form, you will need to upload the following documents at the point where you're asked about communication: 

• Notice to Improve: Confirm the date issued and upload a copy in the "Letters Sent Home" section
• Referral Notification: Confirm the date the parent(s) were informed and upload a copy  in the "Letters Sent Home" section 
• Medical Conditions: Indicate if the pupil has a medically diagnosed recurring condition and upload any supporting documentation in the "other" section
• Statutory Defences: Upload any evidence that may contribute to or refute a statutory defence, such as absence due to religious observance or transport failure in the "other" section

Important: While some sections of the form may appear optional, all of the above evidence is required for your referral to be considered for legal action.

Pupil and parent/carer information you will need to provide

Pupil details

• Full name
• Date of birth
• Year group 
• Unique Pupil Number (UPN) 
• Home address 
• Attendance record for the current academic year (and previous year if relevant) 

Parent/carer details

• Full name(s)
• Relationship to the child
• Contact telephone number(s)
• Address (if different from the pupil's)
• Whether a translator is required (and which language)

School contact information

You will also need to provide

• School name
• Name and contact details of the person making the referral