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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.

Department for Education issues new statutory guidance on school attendance

The Department for Education (DfE) has issued new statutory guidance on school attendance, which calls for "consistent" legal intervention where appropriate, including penalty notices for term time holidays.

The guidance, which came into effect on Monday (19 August), notes that under the national rules, all schools are required to consider a fine when a child has missed 10 or more sessions (5 days) for unauthorised reasons. 

From August 2024, the fine for school absences across the country will be £80 if paid within 21 days, or £160 if paid within 28 days.

The school day is split into two sessions – one session counts as a morning or afternoon spent in school.

The DfE noted: “There are only a few occasions where a child is allowed to miss school, such as illness or where the school has given permission because of an exceptional circumstance. 

“However, if your child misses school without a good reason, local councils and schools can intervene and you may be issued a fine.”

The guidance states that fines per parent will be capped to two fines within any three-year period.

“Once this limit has been reached, other action like a parenting order or prosecution will be considered.”

Describing fines as a “last resort”, the Government noted that parents would be offered support to help improve their child’s attendance first.

It noted that the “vast majority” of fines for unauthorised absence (89%) are issued for term time holidays.

Earlier this month, a report by the Education Policy Institute (EPI) revealed that unauthorised absence has risen by more than 80% in secondary schools and almost 40% in primary schools since the pandemic.

The Department for Education said: “The Government is committed to taking action against low school attendance by introducing more mental health support in secondary schools, breakfast clubs in all primary schools and better SEND support. Tackling this issue requires schools, parents, trusts and local authorities to all work together.”

Lottie Winson