Question to the Department for Education:

To ask the Secretary of State for Education, what steps her Department is taking to ensure that changes to parent fines for missing school do not unintentionally impact children who are absent from school due to prolonged illness.

Legislation and the government’s ‘Working together to improve school attendance’ guidance state that a penalty notice can only be issued when the absence constitutes an offence under section 444 of the Education Act 1997. Where a pupil cannot attend due to illness, this is not an offence and so legal enforcement action cannot be taken. This position will not change when the new rules for penalty notices come into force on 19 August 2024. The full guidance can be found here: https://assets.publishing.service.gov.uk/media/65f1b048133c22b8eecd38f7/Working_together_to_improve_school_attendance__applies_from_19_August_2024_.pdf.

More generally, the department expects schools and local authorities to take a ‘support first’ approach to improving attendance, only using penalty notices for absence that is classed as unauthorised and when support has already been provided and not worked or been engaged with, or in the case of holidays taken in term-time, is not appropriate. The vast majority of penalty notices for unauthorised absence (89% in the 2022/2023 academic year) are issued for term time holidays.

Whatever the cause of absence from school, school staff should work with families and pupils to understand the barriers to attendance and provide support where possible. This might include providing pastoral support or making reasonable adjustments where a pupil has a disability. In the case of prolonged illness, as soon as it is clear that a child will be away from school for 15 school days or more because of their health needs, the local authority should arrange suitable alternative provision. It is important that all pupils’ right to a full-time education is protected, whilst acknowledging that some pupils require more support than others.

The department is providing a series of training events and webinars throughout the summer term for schools and local authorities to ensure that the new rules regarding penalty notices are understood and implemented in line with the ‘support first’ approach.