Parents guide to truancy

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! Contents of Parent's guide to truancy ! 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

The importance of regular school attendance What the law says Your responsibilities as a parent Authorised absence Unauthorised absence Taking family holidays during term-time Tips for good attendance How the authorities deal with truancy Legal interventions Penalty Notices The offence of failing to ensure regular school attendance Frequently asked questions

Parent's guide to truancy 1.The importance of regular school attendance Evidence shows that pupils who attend school regularly achieve good GCSE grades. Not surprisingly, those who frequently miss school fall behind in their work and do less well in examinations, with poor grades at the best or no certificates at all, which is a barrier to their future prospects. Worse still, young people who are often absent from school are more likely to become involved in, or a victim of, crime and antisocial behaviour. Good school attendance shows potential employers that a young person is reliable, more likely to achieve well and more likely to take part in healthy, enjoyable activities in the community. School attendance is a growing concern in Birmingham and this is something we are determined to change. Research has found that pupils who miss just 17 sessions or 81/2 days in a year will drop a grade in their exams, which in turn could affect their future life chances. Too many pupils are considered to be 'persistently absent' with less than 80 per cent attendance, which means they have been absent for 76 sessions or 38 days. There are also many pupils whose attendance is below 90 per cent, which adds up to four weeks off school over a year. These levels of attendance are unacceptable as all children should aim for 100 percent attendance.

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! 2.What the law says Parents have a legal responsibility for ensuring that children of compulsory school age receive a full-time education 'suitable to their age, ability, aptitude and any special educational needs which they may have either by regular attendance at school or otherwise' (Section 7 - Education Act 1996). Parents whose children are on a school register and fail to ensure the regular and punctual attendance of their child(ren), may be guilty of an offence under Section 444 or 444(1A) of the Education Act 1996 and the Local Authority may issue a Penalty Notice or take enforcement action through the Courts to secure regular attendance. Alternatively, the Local Authority may apply to the Courts for an Education Supervision Order under Section 36 of the Children Act 1989. While an ESO is in force, the parents lose their right to have their child educated in accordance with their wishes; however, the supervising officer has a duty to consider their wishes insofar as is reasonably practicable.

! 3.Your responsibilities as a parent Parents and carers have a duty to ensure their child has an appropriate education, either by regular attendance at school or otherwise. Parental support is crucial in ensuring that children do well with their studies. Those who give encouragement and make sure that their children regularly attend school will help to avoid all the problems associated with truancy. This also means that children should arrive on time and keep to the school's rules, attending all lessons. These habits should start at a young age while the child is in primary school and will help to avoid problems later. A prosecution can take place to any person who has parental responsibility for the child's education. For the purposes of ensuring regular attendance a parent is defined under Section 576 of the Education Act 1996 as: all natural parents, whether they are married or not; any person who, although not a natural parent, has parental responsibility (as defined in the Children Act 1989) for a child or young person; and any person who, although not a natural parent has care of a child or young person. Having care of a child or young person means that a person with whom the child lives and who looks after the child, irrespective of what their relationship is with the child, is considered to be a parent in education law

! 4.Authorised absence Only schools can authorise a child's absence, following guidelines set out by the Local Authority and the Department for Children, Schools and Families. There are very few reasons why absence may be authorised and they include: • Sickness that requires the child to stay off

• Days of religious observance • Exceptional family circumstances, eg. bereavement • Medical appointment (but only for the duration of the child's appointment).

! 5.Unauthorised absence This is when a pupil is absent from school without the authority of the school. It's also called truancy. It may be that a child is having difficulties at school or at home. Either way, the school needs to know, because continuing non-attendance will only make the situation worse. Parents must collaborate with the school in such instances. Below is a list of reasons that are considered unacceptable as an excuse for non-attendance. It's not a definitive list and schools will consider each request for absence very carefully and on an individual basis. • Time off for a minor ailment (particularly one that wouldn't keep you off work) • Holiday in term-time without authorisation • Birthday treat or day trip out • Oversleeping • Waiting in for workmen or minding the house • Shopping or a visit to the hairdresser • Taking a 'long weekend' • Looking after a brother or sister • Translating for a family member or friend • Taking the rest of the day off before or after a medical appointment.

! 6.Tips for good attendance You must make sure your child attends school on time every day. It's their right and your responsibility. The following advice will help: • Good habits start early in life, so even before your child starts school, establish good routines, such as reading before bedtime and going to bed on time • If your child is too ill to go to school, tell the school as soon as possible on the first day of absence. They will be concerned if they hear nothing • If your child is off school, you must let the school know why and tell them when they can expect your child back at school • Make all appointments for the doctor, dentist, optician etc after school hours or during the school holidays where possible • If your child starts missing school, help the school to get your child back on track. Make sure that your child knows you don't approve of them missing school

• If you do want your child to miss school for a special occasion, you must apply for the school's authorisation well in advance of the date • Take an active interest in your child's school work and offer support with homework • Make sure that your child understands the benefits of regular attendance • Don't let your child stay off school for a minor ailment • Don't book holidays in term-time and don't expect the school's authorisation if you do.

! 7.How the authorities deal with truancy Parenting Contracts
 The Anti-Social Behaviour Act 2003, Section 19, sets out provision for Governing Bodies and Local Authorities to enter into Parenting Contracts in case of exclusion from school or truancy. If a pupil fails to attend school regularly, the Local Authority or the Governing Body of a school may consider whether it is appropriate to offer a Parenting Contract to the parent/carer. A Parenting Contract is a formal, voluntary written agreement between a parent/carer and either the Governors of a school or Children and Young People's Services. It is a time-limited plan that seeks to bring about change in the way parents support their child's education. It sets out what the parents and school will do to support an improvement in the child's attendance at school.

8.Legal interventions Truancy
 Truancy is a blanket term for pupils who are absent from school without good reason, or in many cases no reason at all. There are many reasons why a child could be absent from school. They may be having difficulties with their school work, but the absence makes the situation even worse because they need the help and support that is available. On some occasions a pupil may be absent because they feel they are being bullied, verbally abused or intimidated. There may be a problem at home or in the community that is causing a difficulty for the young person. The death of a close relative or friend, separation of the parents, serious illness or accident of someone who is close can all create attendance problems. The school needs to be aware of any difficulties your child may have so they can advise and support them. It is important that parents talk to their children about school, their education and their lives so that they can offer support and encouragement that makes a real difference. Communication with the school is essential to enable their child to get the best possible education that will make a real difference to their future opportunities.

! 9.Penalty Notices A Penalty Notice is used as an early intervention and is an alternative to prosecution under Section 444 in order to send a clear message to parents regarding their responsibility to ensure regular and punctual attendance of their child. Penalty Notices are governed by Sections 444A and 444B of the Education Act

1996 and were introduced by Section 23 of the Anti-social Behaviour Act 2003. A 'Code of Conduct' governs the use of Penalty Notices. Schools or police officers may request a Penalty Notice and one will be issued if the request meets the criteria in the Code of Conduct. There is no right of appeal against the issuing of a Penalty Notice. Parents may discharge their potential liability for conviction for an offence under Section 444 by paying the penalty. There is no legal requirement for a Penalty Notice to be issued before proceeding to prosecution. If the Penalty Notice remains unpaid after 42 days, consideration has to be given to furthering the matter in the Magistrates' Court under Section 444 of the Education Act 1996. While each case will be dealt with on its own merits, it is only in exceptional circumstances that a decision not to prosecute will be made.

! 10.The offence of failing to ensure regular school attendance There are two offences relating to parental responsibility for ensuring regular attendance at school or alternative provision: 1. If a registered pupil is absent without authorisation from school or alternative provision, then the parent is guilty of an offence under Section 444(1) of the Education Act 1996. 2. Prosecution under Section 444(1)(a) is for the more serious (aggravated) offence where the parent not only knows about the absence but at best does little or nothing to address the issue, or at worst actively condones the pupil's absence. The offence under Section 444(1) of the Act carries a maximum fine of £1,000 and the Local Authority will also seek costs to be awarded. The more serious offence under Section 444(1)(a) has a range of sentencing options for the Court to impose on each parent, including: • A fine of up to £2,500 • A community-based sentence • Three months' imprisonment • Be made subject to a Parenting Order - in addition to other sentences • Costs may be awarded to the Council. The Court could also propose that the Authority takes the matter before a Family Court and seeks an Education Supervision Order.

! 11.Frequently asked questions Is schooling compulsory?
 Schooling is not compulsory but education is. Parents have a legal duty to make sure that their children are properly educated according to their age, ability, aptitude and any special needs they may have.

If your child is a registered pupil at a school, it is your responsibility to ensure that your child(ren) attend school regularly and arrive on time. When do children have to be educated?
 Children must receive an education when they are of compulsory school age. A child becomes of compulsory school age from the start of the school term following their fifth birthday and ceases to be on the last Friday in June of the school year in which they are 16 years old. The school say that my child's attendance is 90 per cent, which I think is very good. Should I be concerned?
 Yes you should be concerned. Ninety per cent is not good attendance and indicates there may be issues that have to de addressed. It means that every two weeks your child has missed a day's education. Over a full school year they will be absent for four weeks and the missed work will not all be caught up. The school were concerned when I asked for my child to have time off for a family holiday. My child rarely has any other time off school.
 If your child has a week off, they will miss several lessons of English and mathematics as well as all the other educational opportunities available, depending on how the school organises its lessons. Work missed while on holiday is not all caught up and leaves gaps in the pupil's knowledge. You should not expect your child's school to grant leave of absence for a family holiday during term-time. Schools will not generally authorise absence for family holidays taken during termtime unless there are exceptional circumstances. The fact that a holiday is cheaper during term-time will not be considered as an exceptional circumstance. If I take my child out of school for a family holiday without authorisation, what will happen?
 The absence will be recorded as unauthorised and you may be issued with a Penalty Notice. If your child's absence is already a cause for concern, you may be prosecuted with the holiday absence as part of the Local Authority's evidence. What should I do if my child is going to be absent from school?
 You should contact your child's school on the first morning of any absence - either by telephone or in person. You should tell the school the reason for your child's absence and indicate when you think he/she is likely to return. When your child does return to school you should ensure that you send in a dated note confirming the reason for the absence. You should also do this if your child is going to be late. Can I authorise my child's absence from school? 
 No. Only schools can authorise absence. Parents are required to provide an explanation for any absence. It is for the school to decide whether the reason for the absence is acceptable. If it thinks the reason is acceptable, it will authorise the absence. If it doesn't think the reason is acceptable, it will record the absence as unauthorised. What is unauthorised absence from school? 
 Unacceptable reasons for absence are unauthorised. Pupils should not be absent because of shopping, having a haircut, birthday or Christmas treats, looking after brothers or sisters at home, waiting for a workman or delivery, working or oversleeping, holidays not agreed in advance by the school, and
 truanting. If you allow your child to be absent from school without good reason, the school will not authorise the absence, you will be committing an offence and you could be issued with a Penalty Notice or prosecuted. I do not live with my child, whose attendance is not good. Is it still my responsibility to make sure of regular attendance? 
 If you are the natural parent of the child, you still have a legal responsibility for ensuring your child's regular attendance at school. You should maintain contact with them and support their educational progress,

including their attendance at school. Failure to ensure regular school attendance for your child may result in you being issued with a Penalty Notice or being prosecuted. I am not the parent of the child who is absent from school. Do I have any legal responsibility?
 Yes, you have a duty in law for ensuring the education of any children living with you, whether you are the biological parent or not. Having care of a child or young person means a person with whom the child lives and who looks after the child, irrespective of what their relationship is with the child, is considered to be a parent in education law. Why is regular attendance important?
 Children who have poor school attendance records are much more likely to underachieve and leave school with no, or few, relevant qualifications. Pupils who are absent from school are more likely to become involved in criminal or antisocial behaviour, or become victims of it. How can I help minimise the time my child has off school?
 Make all appointments for the doctor, dentist, optician etc after school hours or during school holidays. Do not arrange holidays during school time. Ensure that they are during school holiday periods. Make sure your child is never late for school; sometimes tummy aches and headaches can be the result of a child worrying about being late for school. Your child should only be off school if they are too ill to attend. What can I do to help?
 Take an active interest in your child's education. Listen to them read, help them with their homework, visit the school often, and enquire how your child is doing. Set them a target to improve their attendance over the previous term and reward them for very good attendance. How do schools work out my child's attendance? 
 Schools count each day as two sessions - morning and afternoon. Your child has to attend every session to achieve 100 per cent attendance for that week. If your child has a half-day absence, they would have a 90 per cent attendance for that week; if they had a whole day off school, their attendance would be 80 per cent. If your child is absent for the whole week, they would be given 0 per cent attendance.