School Absences: What Parents Need to Know

For many families, getting a child with special educational needs into school can be a daily struggle. Anxiety, meltdowns, medical appointments, or unsuitable provision can all make regular attendance difficult. Yet too often, parents are told they will face fines, referrals, or even prosecution if their child is absent.

The truth is more nuanced. Understanding the law around school attendance and SEND can help you protect your child and challenge misinformation.

The Legal Framework

• Education Act 1996: Parents have a duty to ensure their child receives a suitable education. That does not always mean being in school every day if the child’s needs cannot be met there.

• Headteacher discretion: Schools can authorise absences in exceptional circumstances. This includes health-related absence, mental health needs, or where a child is awaiting suitable provision.

• Equality Act 2010: Schools must make reasonable adjustments for children with disabilities. Penalising a child for absence linked to their condition may be discriminatory.

Common Myths and the Facts

Myth 1: You need medical evidence for every absence.
Fact: Not true. Schools can ask for evidence if there is genuine doubt, but they cannot demand it as a blanket rule. A parent’s explanation is often enough.

Myth 2: Fines are automatic if a child has too many absences.
Fact: Not true. Schools may refer for a fine, but many do not. Local Authorities have discretion, and each case must be considered individually.

Myth 3: If your child is too anxious to attend, you just need to push them harder.
Fact: Not true. Anxiety and school refusal are real barriers. Pushing without support can cause trauma and worsen attendance in the long run.

What to Do if Attendance is an Issue

1. Document Everything
   Keep a diary of difficulties getting into school, including triggers, meltdowns, or health-related barriers. This evidence matters.

2. Ask for Support
   Request adjustments such as part-time timetables, quiet spaces, or phased returns. These should be tailored to your child, not just a generic solution.

3. Link to the EHCP
   If your child has (or needs) an EHCP, make sure attendance difficulties are clearly described and that provision includes support for anxiety, SEMH needs, or reintegration.

4. Challenge Unfair Pressure
   If you are threatened with fines or told absence cannot be authorised, ask:
   “What is the genuine and reasonable doubt you have about my explanation?”

5. Know When to Escalate
   If school absence is due to unmet need, you can request an EHC Needs Assessment or seek alternative provision under Section 19 of the Education Act.

Final Thoughts

Attendance is not simply about numbers on a register. For children with SEND, every absence tells a story. Schools and Local Authorities must look at the underlying causes, not punish families for challenges beyond their control.

Parents should not feel powerless. By knowing the facts, keeping clear records, and linking absence to unmet needs, you can advocate for fair treatment and secure the support your child truly needs.