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A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Rate of absence in schools has “significantly increased” since the pandemic, report finds

The Education Committee has proposed a range of measures to reverse what it describes as a “worrying trend” of children’s absence from school.

The cross-party committee’s report, published yesterday (27 September), notes that the most recent full-year statistics (covering the 2021/22 academic year) showed an overall absence rate of 7.6%, up from around 4 - 5% pre-pandemic.

In that year, 22.5% of pupils were ‘persistently absent’, meaning they missed 10% or more of school sessions – around double the pre-pandemic rate, and 1.7% of all pupils were ‘severely absent’ compared to less than 1% pre-pandemic.

The report notes that prior to the impact of the pandemic, absence and persistent absence had been gradually declining since 2010, however there is “no sign of a return to this trajectory”.

“Given the time that was lost to education during the pandemic, it is of great concern that absence rates have not returned to pre-pandemic levels, and there has been no significant improvement in the speed and scale of rate reduction which is needed to prevent long-term harm to pupils”, the committee warned.

The report found that absence rates are “significantly higher” among pupils with special educational needs and disabilities (SEND), as are rates in special schools compared with mainstream schools.

The committee recommended that the Department for Education (DfE) should prioritise resources for inclusion and assessment in mainstream schools, “to ensure they can adequately support pupils with SEND, and keep that level of resource under review”.

The report found a lack of consistency between England’s local authorities in their approach to issuing fines. It recommended the DfE produce a national framework and new statutory guidance for the use of fines and prosecution “to ensure consistency across the country”. 

The committee criticised the Government for failing to move forward legislation that would enable the implementation of a national register of children in elective home education. It recommended that it “must now be included in the King’s Speech so that it can be operational for the 2024/25 academic year”.

Turning to the issue of cost of living pressures as a barrier to attendance, the report recommended that the Government reviews its framework for supporting low-income families with school costs, and its guidance on how much is charged for uniforms.

The report also noted that physical illness was the primary reason for absence before covid-19 and remains so.

The Centre for Social Justice said that a “cultural shift” had seen parents become more likely to keep children at home for minor illnesses, such as coughs and colds, than before the pandemic.

On this issue, MPs recommended that the DfE and Department for Health & Social Care jointly launch a “targeted public information campaign to guide parents on when children who are unwell should still attend school, and when not”.

Turning to food and enrichment-based interventions, the committee revealed that it heard “strong evidence” that sports and enrichment activities drive attendance by helping children develop positive relationships and improve their wellbeing.

The report therefore called on the Government to “assess the eligibility criteria for free school meals and to adjust it if necessary, ensuring all children in poverty are in receipt”.

Other recommendations by the committee included:

  • The Government should ensure that pupils with SEND are only placed in alternative provision for a limited time and as a way to address issues affecting their attendance in mainstream schools. DfE should discourage their use as a means to manage behaviour.
  • DfE should make it mandatory for all schools provide daily absence data that it now publishes on its Pupil Attendance Dashboard.
  • The Department should conduct further research on the barriers to attendance for migrant pupils, and those with above average rates of absence.
  • DfE should lead a cross-government assessment of the scale of mental health difficulties amongst pupils, and review the current support available.

Education Committee Chair Robin Walker MP said: “Missing school is damaging to children’s education, their development, future prospects, and in some cases it is a safeguarding risk. With nearly a quarter of all children missing 10% or more of their sessions, it is right that ministers have repeatedly said that school absence is a top priority. But as we heard throughout our inquiry, the reasons for this crisis are complex and varied. Many in the sector are greatly concerned, even dismayed, that things aren’t returning to a greater degree of normality, and in the meantime children are missing out.

“[…] We want to see an evidence-based approach to the support offered via food-based interventions, such as breakfast clubs and the Holiday Activities and Food Programme, and an overall promotion of enrichment activities.

“Lastly, the Government must come good on the long-awaited register of children not in school. There is significant support across the sector and within Parliament to bring this forward. The upcoming King’s Speech must deliver on this.”

Responding to the report, Cllr Louise Gittins, Chair of the Local Government Association’s Children and Young People Board, said: “Good attendance at school plays a vital role in children’s development, however councils lack the powers to ensure children who are missing school don’t slip through the net, such as directing academies to accept pupils.

“We support the committee’s call for government to legislate for a register of children not in school. This needs to be combined with powers for councils to meet face-to-face with children.

“There should also be a cross-government, child centred-strategy to tackle rising disadvantage and the wider factors contributing toward persistent absence. This must include reforming the SEND system and expanding access to mental health support and youth services.”

A Department for Education spokesperson said: “Attendance rates since the pandemic have improved and the vast majority of children are now in school and learning but we remain focused on ensuring no child falls through the cracks.

“We recently announced an expansion to our attendance hubs and mentors programme and we are also working closely with schools, trusts, governing bodies and local authorities to identify pupils in need of additional support.

“A key part of this includes ensuring children get the right support with SEND and mental health including through our SEND and AP Improvement Plan and by increasing number of Mental Health Support Teams.”

Lottie Winson