It’s not uncommon for a child to express reluctance or even refusal about returning to school. As a parent, this can be distressing and confusing, especially when trying to strike the right balance between supporting your child’s wellbeing and fulfilling your legal responsibilities. Understanding your obligations around school attendance and what support is available can help you make informed decisions.
Understanding why a child might avoid school
There are many reasons why a child or young person may struggle with attending school. According to the ‘Working together to improve school attendance’ guidance, “good attendance begins with school being somewhere pupils want to be.” Schools should aim to provide a calm, orderly, safe, and supportive environment where pupils feel ready and eager to learn. However, even with best efforts, this ideal isn’t always fully realised for every child.
Anxiety about the start of a new school year, social pressures, or mental health concerns can all contribute to reluctance or refusal. Some parents may notice a spike in challenging behaviours or emotional distress leading up to the return to school.
While it’s crucial to be sensitive to your child’s emotional state, it’s equally important to understand your legal responsibilities around school attendance.
The law on school attendance
In England, the law entitles every child of compulsory school age (5 to 16 years old) to a full-time, efficient education appropriate to their age, aptitude, and any special educational needs. As a parent, you are legally required to ensure your child is receiving this education, either by attending school or through alternative means, such as home education.
If your child is enrolled at a school and does not attend without a valid reason, you may face legal consequences, including fines or prosecution.
When can a penalty notice be issued?
Under the national framework for penalty notices, effective from 19 August 2024, penalty notices (fines) can be issued to each parent for each child in the following circumstances:
- 10 sessions (equivalent to 5 school days) of unauthorised absence within a rolling 10 school week period.
Penalty amounts:
- £80 per parent, per child increases to £160 if not paid within 21 days.
- A maximum of two fines per parent, per child can be issued within a three-year period.
- If a third offence occurs, no further fines are issued, but court prosecution may be pursued.
Before a penalty notice or prosecution is considered
Issuing a penalty notice is not automatic. Schools and local authorities must assess each case individually to ensure fairness and proportionality. The following questions are considered:
- Could support help resolve the cause of absence?
- If yes, support should be offered before any legal action is taken.
- If no, a penalty notice may be deemed appropriate.
- Is a penalty notice the right tool in this case?
- Is it likely to improve attendance?
- Are there any obligations under the Equality Act 2010, such as a child having a disability?
- Is issuing a penalty notice in the public interest?
If the answer is “yes” to all, then a penalty notice may be issued. If not, other measures or support services should be explored first.
The role of support and the ‘Notice to Improve’
In many cases, especially those involving complex needs or mental health concerns, early intervention and support are essential. This might include pastoral care within school, mental health services, or involvement from external agencies.
If your child’s attendance continues to fall below the expected threshold despite support being offered, a ‘Notice to Improve’ may be issued. This is a formal warning that without improvement, legal action (including penalty notices or prosecution) may follow.
A ‘Notice to Improve’ will include:
- Your child’s attendance record
- Legal responsibilities under the Education Act 1996
- Support already offered and further support available
- A clear timeframe (three to six weeks) to show improvement
- Clear criteria for what “sufficient improvement” looks like
A penalty notice can be issued before the improvement period ends if no progress is made.
It’s important to note: A ‘Notice to Improve’ is not mandatory in every case. If it’s unlikely to improve attendance, it may be bypassed in favour of other interventions.
Emotionally Based School Avoidance (EBSA)
Some children develop a deep-rooted emotional response that makes attending school feel overwhelming or even impossible. This is known as Emotionally Based School Avoidance (EBSA). It’s a serious and growing issue that requires compassion, understanding, and appropriate support. You can read more about EBSA [here].
What should you do if your child doesn’t want to go to school?
- Talk to your child to understand what’s going on beneath the surface.
- Speak to the school as early as possible; they may be able to offer support or make adjustments.
- Engage with any offers of support from the school or local authority.
- If you feel your child’s emotional or mental health is a concern, seek professional advice (via your GP, school counsellor, or mental health services).
Need legal advice or further support?
If you’re facing challenges around school attendance and want help understanding your rights or obligations, contact Tees for specialist advice and support.
Remember: The goal is not to punish, but to ensure every child can access education in a way that works for them. Open communication and early intervention are key to supporting your child’s return to school.
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