Authorised Absence from School

Nick Gibb Excerpts

Wednesday 5th June 2019 Westminster Hall

[The Minister for School Standards (Nick Gibb)]

It is a great pleasure to serve under your chairmanship again, Mr Gray. I congratulate my hon. Friend the Member for St Austell and Newquay (Steve Double) on securing the debate. I know that this subject is of close interest to him. As he mentioned, it is one that we have debated on a number of occasions over the years.

We can all agree that children’s education should not be disrupted by preventable absences. Regular attendance at school is fundamental to ensuring that every pupil, no matter their background, can meet their full potential. It is about social mobility. That is why I welcome this opportunity to reiterate the Government’s commitment to improving school attendance and ensuring that schools tackle all forms of absence as part of our ambition to create a world-class education system. I will set out the Government’s overall policy on reducing school absence before turning to the issue of term-time holidays.

There is a correlation between time absent from school and attainment. Pupils with higher overall absence tend to do less well in their GCSEs, even after taking their prior attainment and some other characteristics into account, as set out in the report by the Department for Education, “Absence and attainment at key stages 2 and 4: 2013 to 2014”. A pupil who has been absent is also liable to interrupt the education of other pupils and to increase the workload on teachers, as schools seek to ensure that an absent pupil catches up with the work that he or she has missed.

The Government have made the rules clear: no child should be taken out of school without good reason. We have put headteachers back in control by supporting them, and local authorities, to use their powers to deal with absence. We secured changes to the Education (Pupil Registration) (England) Regulations 2006, to which my hon. Friend referred, to reduce overall absence.

The persistent absence threshold was changed from 15% to 10% in September 2015 to encourage schools to act earlier in dealing with patterns of poor attendance. Persistent absence from school remains a society-wide challenge. We recognise the need for further action in this area, following a small but consistent increase in the number of pupils missing 10% or more of sessions in recent years; that figure is up from 10.8% in 2016-17 to 11.2% in 2017-18.

In 2013, we also clarified the law to address the widespread misconception that parents were entitled to take their children on holiday during term time. No such entitlement has ever existed in law. In clarifying the law, the Government ensured that headteachers retained the discretion to authorise a leave of absence when they were confident that the request constituted an exceptional circumstance. The Department has not specified to schools what constitutes exceptional circumstances. Schools know their pupils better than the Department, and can consider the specific details and relevant context behind each request for a leave of absence.

My hon. Friend will agree that what constitutes exceptional circumstances will differ enormously depending on individual and local circumstances. That is why it would not be appropriate for the Government to dictate what exceptional circumstances would warrant authorised absence across the country. We are clear that children should not be absent from school unless the circumstances are genuinely exceptional.

I agree with my hon. Friend that a positive and constructive relationship between parents and schools is essential. That is why we encourage parents to talk to their child’s school to make their case when they require a leave of absence. If parents wish to take their child out of school, the onus is on them to apply to the school in advance for a leave of absence, demonstrating in their application why they believe that there are exceptional circumstances.

I disagree with my hon. Friend that the Department’s attendance policy is counterproductive. Despite a very small increase in overall absence from 4.7% in 2016-17 to 4.8% in 2017-18, overall absence has fallen significantly from 6% in 2009-10. Parents have a duty, under section 7 of the Education Act 1996, to ensure that if their child is of compulsory school age—five to 16—he or she receives an

“efficient full-time education…either by attendance at school or otherwise”.

We have ensured that schools and local authorities have a range of measures to support or sanction parents when their child’s absence from school becomes a problem. The law gives schools and local authorities powers to offer parenting contracts and obtain parenting orders in relation to attendance. The law is clear that if parents register their child at a school and the child fails to attend regularly, parents may be guilty of an offence under section 444 of the 1996 Act, and may be given a penalty notice unless statutory exceptions apply, including where leave has been granted by the headteacher.

The penalty notice offers parents the opportunity to avoid any conviction for the offence, if the penalty is paid in full and within the timescales. Prosecution of a parent is available to local authorities as the ultimate sanction under section 444 of the 1996 Act. Penalties are therefore a way of avoiding prosecution, although of course local authorities can go straight for a prosecution.

Since we last debated the issue, the Supreme Court has clarified that regular attendance in section 444(1) of the 1996 Act means attendance

“in accordance with attendance rules”.

The Court also recognised the disruptive effect of taking a child out of school during term time, both on the child and on the work and study of the other children at the school and in the class.

Turning to my hon. Friend’s point about term-time holidays, the Government recognise the value of family holidays in providing enriching experiences that can indeed have educational value. However, the school year is designed to give families the opportunity to enjoy breaks and holidays without disrupting their children’s education. Schools are in session for 190 out of 365 days, leaving 175 days in a year on which parents can take their children away on holiday. I recognise that the cost of holidays is a frustration for parents, and the Secretary of State and I encourage travel operators to do what they can to provide value for money to families.

The Government do not set term and holiday dates. Decisions around term dates are best taken locally, especially where the local industry—for example, tourism—creates a compelling reason to set term dates that differ from those of the rest of the country. Local authorities are responsible for setting term dates for community schools, community special schools, and voluntary-controlled schools.

Variation in school holiday dates between local authorities already exists. That was seen over the recent Easter holidays. Sheffield City Council, for example, has a fixed Easter break at the beginning of April, which this year fell outside the official Easter peak. Similarly, in 2017, Nottinghamshire County Council took the decision to shorten its summer break and extend its October half term to two weeks, following consultation with parents.

All academies and free schools, which account for about 36% of state-funded schools, have responsibility for setting their term and holiday dates. Other schools, where the governing body is the employer of staff, such as foundation or voluntary-aided schools, also have that power, which some have already used to adapt their term dates to suit the needs of their pupils and local areas. That is an important freedom that the Government have encouraged schools to use. If parents and schools want different term dates, so they can take their children on holidays outside the more expensive peak holiday season, they should discuss that with their local authority, or with their child’s school, if it is a foundation, voluntary-aided school or academy.

[Helen Goodman]

Will the Minister address the question of whether Ofsted is failing schools if attendance is below 96%? If 96% is the wrong number, will he tell us the right one?

[Nick Gibb]

I am about to come on to Ofsted, which was also raised by my hon. Friend the Member for St Austell and Newquay, and its role in influencing schools’ decisions.

Ofsted’s inspection framework makes it clear that it will consider an up-to-date attendance analysis for all groups of pupils. Inspectors will make a judgment about the behaviour and attitudes in a school. The inspection framework specifies that in doing so, they will look for a strong focus on attendance and punctuality, so that disruption is minimised. They will expect to see clear and effective behaviour and attendance policies, with clearly defined consequences that are applied consistently and fairly by all staff. They will also consider how well the school meets the needs of all pupils, including those with special educational needs and disabilities, and pupils’ spiritual, moral, social and cultural development.

I am grateful to my hon. Friend and other hon. Members for highlighting the issues around school attendance. To answer my hon. Friend’s question about how the money is spent, the requirement is for it to be reinvested in the attendance system in the local area. The system is intended to be cost-neutral. Many areas spend it on supporting projects to improve school attendance locally.[Official Report, 10 June 2019, Vol. 661, c. 3MC.]

The Government take the issue seriously and have put in place a number of measures to prioritise and incentivise school attendance. We will continue to monitor progress and encourage schools and local authorities to use their powers to stagger term dates where appropriate.

Question put and agreed to.