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School attendance guidance and legislation

The purpose of this section is to provide an overview of the legislative framework within which the LA, schools and parents/carers need to fulfil their responsibilities for school attendance. The Attendance Lead should ensure that key messages about the law are regularly provided to all members of the school community to ensure that they understand what this means for them. 

What are a school's legal responsibilities for managing school attendance?

The law requires:

  • All schools to have an admission register and an attendance register.
  • That school governing bodies, academy trusts, and other school proprietors have regard to the statutory guidance 'Keeping Children Safe in Education (opens new window)'.
  • Schools to put in place appropriate safeguarding responses for children who go missing from school.
  • All schools to notify the Local Authority (LA) when a pupil's name is to be deleted from the admission register.
  • All schools (including academies) to inform the LA of any pupil who fails to attend school regularly or has been absent without the school's permission for a continuous period of 10 days or more.

School Day/Year

In England, local authority-maintained schools must open for at least 380 sessions (190 days) during a school year. In line with the length of the school week guidance published by the DfE in March 2022, the Government expects that, where not already doing so, state-funded mainstream schools should deliver a school week of at least 32.5 hours by September 2024. The 32.5 hour minimum includes breaks and lunch times as well as teaching time and any extra-curricular activities that all pupils are expected to attend.

School day

  • Every school day must have two sessions divided by a break.
  • The length of each session, break and the school day is determined by the school's governing body.
  • The governing body has the power to revise the length of the school day.
  • There is no requirement to consult parents.

School year

  • Schools must meet for at least 380 sessions or 190 days during any school year.

If a school is prevented from meeting for one or more sessions because of an unavoidable event, it should find a practical way of holding extra sessions. If it cannot find a practical way of doing this, then it is not required to make up the lost sessions.

Academies, including free schools, set their own term dates and school day.

Key definitions

Who is a parent under Education law?

Section 576 of the Education Act 1996 (opens new window) defines a parent as:

  1. All natural parents, whether they are married or not;
  2. Any person who has parental responsibility for a child or young person; and,
  3. Any person who has care of a child or young person i.e. lives with and looks after the child.

When addressing concerns about pupil attendance, it is important that staff investigate and fully understand the family composition to ensure all parents as defined by the Education Act are identified. The Local Authority and school will need to decide who comes within the definition of parent in respect of a particular pupil when using the legal measures, but generally parents include all those with day-to-day responsibility for a child.

Who has parental responsibility?

  • Parents married to each other at the time of a child's birth have shared parental responsibility (opens new window).
  • Fathers who are unmarried at the time of a child's birth prior to 2003, even if their name is on the birth certificate, do not have parental responsibility unless: (a) they have a parental responsibility order, (b) have a residency order or (c) become the legal guardian of the child.

From 2003 Fathers that are unmarried at the time of birth but are named on the birth certificate do have parental responsibility.

It is important that staff and parents understand that the definition of a parent under the Education Act 1996 is wider than the definition of parental responsibility.

What is a parent's responsibility in law?

Education Act 1996 (Section 7) (opens new window) states that:

The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable -

(a) to his age, ability and aptitude, and

(b) to any special educational needs he may have,

either by regular attendance at school or otherwise.

This means that the parent of a child registered at a school has a legal duty to ensure the child's regular attendance. Failure to fulfil this duty is an offence under section 444 of the Education Act 1996 and could result in a penalty notice or prosecution.

Statutory School Age

A child is of statutory school age from the first full term after they reach their 5th birthday until the last Friday in June in the academic school year that the child reaches the age of 16.

Therefore, if a child turns 5 between:

  • 1st January and 31st March, they are of statutory school age on 31st March
  • 1st April and 31st August, they are of statutory school age on 31st August
  • 1st September and 31st December, then they are of statutory school age on 31st December

The legal responsibility for parents to ensure regular attendance at school or otherwise continues up to the last Friday in June in the academic year that the child reaches 16 years of age. 

Persistent Absence

A pupil becomes a 'persistent absentee' (PA) when their attendance drops to 90% or below for any reason whether the absences are authorised or not. Over a full academic year this would be 38 sessions (19 school days; equivalent to 1 day or more a fortnight across a full school year). Absence at this level is causing considerable damage to a child's educational prospects.

Severe Absence 

Severe absence refers to pupils who are absent for 50% or more. Severely absent pupils may find it more difficult to be in school or face bigger barriers to their regular attendance and as such are likely to need more intensive support across a range of partners. All partners should work together to make this group the top priority for support - this may include specific support with attendance or a whole family plan, but it may also include consideration for an education, health and care plan or an alternative form of educational provision where necessary to overcome the barriers to being in school.