Best Practice

Pupil attendance and Covid: A legal view

Despite the pressure building on government to scrap fines for non-attendance, the rules remain in place for the term ahead. So – do headteachers have to seek fines for parents who do not send their children back to school? We asked legal expert Karen Holden for her view


The government has decided that attendance at school this term is to be mandatory, unless otherwise agreed. However, with lots of anticipation and trepidation surrounding the return to school, this could put headteachers in an awkward position.

The Department for Education’s advice to parents about the return to school (DfE, 2020a) states: “School attendance will be mandatory from the beginning of the new academic year. This means that it is your legal duty as a parent to send your child (if they are of compulsory school age) to school regularly.”

Futhermore, a Covid-19 specific addendum to the DfE’s existing attendance guidance (DfE, 2020b) reminds schools: “From the start of the autumn term 2020 pupil attendance will be mandatory and the usual rules on attendance will apply, including: parents’ duty to ensure that their child of compulsory school age attends regularly at the school where the child is a registered pupil; schools’ responsibilities to record attendance and follow up absence; the ability to issue sanctions, including fixed penalty notices, in line with local authorities’ codes of conduct.”

Register now, read forever

Thank you for visiting Headteacher Update and reading some of our content for professionals in primary education. Register now for free to get unlimited access to all content.

What's included:

  • Unlimited access to news, best practice articles and podcasts

  • New content and e-bulletins delivered straight to your inbox every Monday

Register

Already have an account? Sign in here