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Download this advice

NFIS Family Advice Oct 2020 (pdf)

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Our Advice

Families like yours are NOT alone in having a child experiencing school attendance problems and barriers. Many parents or carers who contact us says they felt as if they were the only ones, until they made contact with other parents.


Believe your child’s distress is real, listen to what they say and trust your instincts as a parent or carer.


Mental & physical health related absence should be authorised as illness. Extended absence requires medical evidence, so see a GP and arrange to be referred to CAMHS. 


Most schools should offer mental health support, counselling, and access to a School Nurse, they can also ask an Educational Psychologist to make an assessment.


These suggestions will help you to access the support your child needs, and help you to protect yourself from prosecution for non-attendance:

1. KEEP DAILY RECORDS

It is important to keep a brief diary of what happens day to day to build a picture of the problem and the steps that have been taken. Keep a file of notes you take at meetings, during phone calls etc. and copies of ALL emails and letters. Check that minutes of meetings are accurate. It is often useful to take someone with you so that they can take notes while you listen and you have someone to discuss the meeting with afterwards. (To help with this correspond as much as possible by email and consider using an automatic call recorder on your phone).


This blog post explains the value of keeping records and how to go about it:

IT MUST BE MUM

2. REPORT ABSENCES CORRECTLY

The reason you give for absence is significant, there are subtle differences but they are important if you end up in court:

  • 'My child is being bullied' = sadly, not an acceptable defence in law
  • 'I can't get my child to school' = not Ok, (implies you are at fault)
  • ‘My child is refusing to go to school’ = not Ok as it sounds like they are making a
    choice (and you are allowing them too)
  • 'My child is too unwell to attend' = Accurate, but you will need to gather medical evidence to back up your explanation.
    If possible, email school's non-attendance contact and say your child is too unwell to attend, if necessary you should mention mental ill health / severe anxiety etc (DO NOT say they are 'refusing school'). [Keep the Emails stored as proof]
    If you have to phone your school, make a record in your diary of when you phoned, who you talked to, and what was said - A paper trail of evidence is crucial.


ABSENCE DUE TO ILLNESS

  • The Department for Education confirm that the regulations are clear that where a pupil is unable to attend school by reason of sickness, their absence must be treated as authorised.   
  • Schools are advised to use code I to record illness and guidance is clear that schools should authorise absence due to illness (both physical and mental health related) unless they have genuine cause for concern about the veracity of an illness.  
  • The Department for Education (DfE) say that the current legal framework provides for sufficient “flexibility” to avoid issues such as prosecution for non-attendance, even where absences have not been authorised.  
  • They reiterate that the DfE’s Guidance on school attendance encourages a flexible approach: “Only where the authenticity of an illness is in doubt are schools advised that they can (not must) request parents to provide medical evidence, and schools are advised “not to request medical evidence unnecessarily”. 
  • The DfE say that there are statutory exceptions which ensure that a parent should not be penalised or prosecuted where a pupil is prevented from attending school by sickness, or where the local authority has failed to fulfil any duty it has to help them get to school.
  • The DfE states that “there is no requirement for a formal diagnosis or formal medical evidence to authorise an illness absence”. 
  • The DfE also make it clear that it is not necessary for children to be marked as absent due to illness in order to receive adequate education outside of school. 

3. CHECK SCHOOL RECORDS

Check to see how non-attendance is being coded in the register- check for accuracy and challenge anything you are not happy with.

If you’re concerned about school records you can make a full Subject Access Request (SAR) for a copy of all records held. Check through them carefully for accuracy and for gaps in the paperwork, and ask for them to be corrected.


   

  • Schools are advised to use code I to record illness and guidance is clear that schools should authorise absence due to illness (both physical and mental health related) unless they have genuine cause for concern about the veracity of an illness. 
  • If the authenticity of illness is in doubt, school can request parents to provide medical evidence to support the absence. Schools are advised not to request medical evidence unnecessarily; The DfE do not expect schools to request medical evidence unless there is a clear case to do so. This means that schools must authorise the absence unless they have reason to doubt that a pupil cannot attend school by reason of sickness. 
  • The DfE expect schools and local authorities will consider the individual circumstances of each case and take the appropriate course of action to ensure each child receives consistent education
  • The DfE states that “there is no requirement for a formal diagnosis or formal medical evidence to authorise an illness absence”.
  • The DfE advise schools to use code N to record absence where the reason for absence has not yet been provided.  DfE guidance is clear that code N should not be left on a pupil’s attendance record indefinitely. 

IMBM: REQUESTING INFORMATION

4. SEEK MEDICAL EVIDENCE

You will need this to protect yourself from prosecution

  • See your GP
  • Speak to the school nurse
  • Ask school for referral to their Educational Psychologist
  • Request referrals for a CAMHS assessment


Families are often pressured to obtain medical evidence to have absence authorised or to allow for the provision of alternative education. This is usually based upon local policy, NOT statutory guidance. 

If SCHOOL STAFF REFUSE TO ACCEPT A DIAGNOSIS

5. ASK FOR PEER ADVICE

Other parents will have experienced the same situations as you and can offer advice or support. This is especially relevant if:

  • Social Services become involved
  • Child Protection is mentioned
  • Fabricating Illness & Injury (FII) is mentioned

Fiightback

6. LOCATE & READ YOUR SCHOOL'S POLICIES

Focus on policies for ATTENDANCE, SEND, & MAKING COMPLAINTS (as applicable).

Check they are being followed correctly and if they are not, ask why?


The school should respond to attendance problems by making assessments and helping to investigate what the underlying triggers or unmet needs are so that they can be addressed. This might involve the SENDCo, and referrals to an Educational Psychologist, CAMHS, and possibly other services such as Occupational Therapy and Speech and Language Therapy.


  • The Department for Education told us that when a school identifies an emerging issue, including mental health issues which require additional support, they should not delay putting it in place.   
  • The school should follow the graduated approach process set out in the department’s statutory guidance on special educational needs and disability code of practice.   
  • The guidance is clear that support should be provided from an early stage, whether or not the child has a specific diagnosis.   
  • A child in school who has this support would be regarded as receiving special educational needs (SEN) support.   
  • A school should always involve a specialist where a pupil continues to make little or no progress or where they continue to work at levels substantially below those expected of pupils of a similar age despite evidence-based SEN support delivered by appropriately trained staff.   
  • For some children it will be appropriate for a request to be made to the local authority for an Education, Health and Care needs assessment. This request can be made by the school or the parent.   
  • The special educational needs and disabilities code of practice intentionally does not require a diagnosis for a child to access the support they need. The process is based on a child’s needs. 

SCHOOL POLICY GUIDANCE

7. BE PROACTIVE

Ask for meetings and contact people who might be willing to help (including your GP, CAMHS helpline, School Nurse, Local MP, LA attendance team).


  • Take independent witnesses with you to meetings to make notes and support you.
  • Research your child’s and your own rights then quote best practise - refer to legislation and statutory guidance for schools.
  • After meetings request copies of the minutes. If you don’t feel they are accurate ask for them to be amended.
  • If a written record is needed write your own summary of the main points and anything agreed and email it to everyone involved for their approval and records.


LA FAQs by IPSEA

8. CONTACT CHARITIES & SUPPORT SERVICES

Start with the following websites (see links below):

  • SENDIASS
  • SOS SEN
  • IPSEA
  • YOUNG MINDS
  • CONTACT

Then also look at others you think may be helpful

  • Check your council’s LOCAL OFFER to see if they list anyone who might be able to help.

Advice from IPSEA

9. THREATENED WITH PROSECUTION?

Act quickly - hopefully you will have been keeping records and trying to get medical evidence - (don't leave it this late to get medical evidence and referrals) - this is what protects you, as prosecuting parents of a child with a diagnosis of mental health problems: (a) generally doesn't happen and (b) breaches the Equality Act (2010). Sadly, people often get to the point of being in court the following week, don't have representation and then don't point out to judge that the child is absent because of mental illness. So, it is VERY important to see your GP and get a CAMHS referral in place ASAP.


  • A parent cannot be penalised if a statutory exception applies. These exceptions are: where the school has given permission; where the pupil is prevented from attending by sickness or other unavoidable problems; where their family is marking a day reserved exclusively for religious observance; or where the local authority has failed to fulfil any duty it has to help them get to school.   
  • It is for schools or local authorities to decide if they wish to use a penalty notice as a sanction in individual cases.   
  • Penalty notices are governed by the Education (Penalty Notices) (England) Regulations 2007 as amended. The regulations require every local authority, in consultation with their schools and the police, to draw up a code of conduct for issuing penalty notices.   
  • It is for local authorities to decide whether to prosecute a parent having taken account of all the circumstances of the case and the information submitted by the school. Local authority officers are best placed to assess the family’s circumstances and decide upon the most appropriate course of action.   
  • The Department for Education would encourage parents to work with their child’s school and their local authority, to discuss the reasons behind their child’s absence and agree an action plan so that the right support can be put in place to help their child to return to regular and consistent education, whether at school or otherwise. 

FIND YOUR LA ATTENDANCE INFO

10. RESEARCH RELEVANT LEGISLATION

  

  • Local authorities are responsible for arranging suitable education for children of compulsory school age who, because of health reasons, would otherwise not receive suitable education (section 19, Education Act 1996). This applies whether or not the child is registered at a school and whatever type of school they attend. The education must be full-time or as close to full-time as the child’s health allows.  
  • The DfE statutory guidance on ensuring a good education for children who cannot attend school because of health needs sets out that local authorities should provide education as soon as it is clear that the child will be away from school for fifteen days or more, whether consecutive or cumulative. 
  • The DfE make it clear that local authorities should be providing a “safety net” of suitable education for any child of compulsory school age who, by reason of illness, exclusion from school, or otherwise, may not for any period receive education. A local authority must make arrangements for the suitable education of any child of compulsory school age who, by reason of illness, exclusion from school, or otherwise, may not for any period receive education without such arrangements. Education Act 1996, s.19(1). Thus, the local authority can have a duty to provide alternative arrangements in situations not only where children are unable to attend by reason of illness or exclusion. This is because the phrase “or otherwise” “is plainly intended to encompass other causes of non-attendance at school or non-receipt of education”. R (DS) v Wolverhampton City Council [2017] EWHC 1660 (per Garnham J) (at para.36).
  • Local authorities should have a named officer responsible for the education of children with additional health needs.  The Department for Education (DfE) say that the current legal framework provides for sufficient “flexibility” to avoid issues such as prosecution for non-attendance, even where absences have not been authorised.
  • The DfE say that there are statutory exceptions which ensure that a parent should not be penalised or prosecuted where a pupil is prevented from attending school by sickness, or where the local authority has failed to fulfil any duty it has to help them get to school.
  • The DfE also make it clear that it is not necessary for children to be marked as absent due to illness in order to receive adequate education outside of school.

Solicitor Factsheets

Relevant Judgements & Case Law

GO to JUDGEMENTS & CASE LAW
NFIS RESOURCES & Downloads

NFIS Support for Families

Facebook Family Support Group

  • This group is specifically for parents and other adult FAMILY members
  • It is a Facebook CLOSED group so only members can see what is posted
  • The group is very PROACTIVE, offering virtually 24/7 peer support and advice. Within the group we average around 50,000 posts, comments and reactions a month
  • We have internal LOCAL CHAT groups so that people can connect with others in their area and swap local information.
  • LEARNING units and a FILES section are available to provide information and advice
  • The majority of members are UK based, however we also have members from other countries around the world, including USA, Ireland, Canada, South Africa, Spain, UAE, New Zealand and we are linked to a similar group in Australia.


If you wish to join us, you need to click on the 'Join this group' button in the link below and answer our THREE QUESTIONS for new members

FIND OUR FACEBOOK FAMILY GROUP

School refusal, and related conditions and difficulties, can be very stressful for parents, and can affect the whole family. Remember to seek medical advice & support for your own health.


Please remember that you are not alone. We hope you can find support through Not Fine In School and other online support groups, and you may find local support groups too.

NFIS Family Gallery

    Support Organisations

    SENDIASS

    SENDIASS

    SENDIASS

    IAS Services have a duty to provide information, advice and support to disabled children and young people, and those with SEN, and their parents. They are statutory services which means there has to be one in every local authority.

    Visit SENDIASS

    IPSEA

    SENDIASS

    SENDIASS

    IPSEA offers free and independent legally based information, advice and support to help get the right education for children and young people with all kinds of special educational needs and disabilities.

    Visit IPSEA

    SOS!SEN

    SENDIASS

    SEND Family Instincts

    SOS!SEN is a national charity aiming to empower parents and carers of children with SEN to tackle successfully themselves the difficulties they face when battling for their children’s rights

    Visit SOS!SEN

    SEND Family Instincts

    National Autistic Society

    SEND Family Instincts

    Support for parents making EHCP assessment applications and EHCP maintenance

    Visit SEND FAMILY INSTINCTS

    CONTACT

    National Autistic Society

    National Autistic Society

    CONTACT support families with the best possible guidance and information about disability.  They offer local area contacts and a helpline for advice.

    Visit CONTACT

    National Autistic Society

    National Autistic Society

    National Autistic Society

    The UK's largest provider of specialist autism services.

    Visit NAS

    Parenting Mental Health

    Parenting Mental Health

    Parenting Mental Health

    Parenting Mental Health empowers, educates, and supports tens of thousands of parents to successfully navigate each stage of their child’s mental illness, and to become stronger and more resilient families. 

    Visit Parenting mental health

    Child Law Advice

    Parenting Mental Health

    Parenting Mental Health

    Child Law Advice is operated by Coram Children’s Legal Centre. They provide specialist advice and information on child, family and education law to parents, carers and young people in England.

    Visit Child Law Advice

    Hub of Hope

    Parenting Mental Health

    NHS Moodzone

    Search for services in your area

    VISIT HUB OF HOPE

    NHS Moodzone

    PALS (NHS advocacy)

    NHS Moodzone

    Whatever you need to know about coping with stress, anxiety or depression, or just generally improving your emotional wellbeing, the NHS Choices Moodzone is here to help. It offers practical, useful information, interactive tools, and videos to support you on your way to feeling better.

    VISIT MOODZONE

    PALS (NHS advocacy)

    PALS (NHS advocacy)

    PALS (NHS advocacy)

    Our advocacy service is a free and confidential service available to anyone who wants support to make a complaint to the NHS.

    • The individual assistance you need to feel supported to make your complaint and throughout the complaints process.
    • Information about how to make a complaint and who to contact.

    Visit PALS

    Citizens Advice

    PALS (NHS advocacy)

    PALS (NHS advocacy)

    VISIT CITIZENS ADVICE

    Education Otherwise

    Centre for Personalised Education

    Education Otherwise

    From a modest start made by a small group of parents in 1977, Education Otherwise (EO) has grown to become a well respected and vibrant registered charity, supporting and advising home educating families in England and Wales.

    Visit EO

    Home Education UK

    Centre for Personalised Education

    Education Otherwise

    HE UK is the oldest, most established continuously running website on home education in the UK.

    The website carries information on many aspects of home education, and related issues, including an excellent FAQ as an introduction to the subject for those first considering home educating their child.

    Visit HE UK

    Centre for Personalised Education

    Centre for Personalised Education

    Centre for Personalised Education

    The Centre for Personalised Education – Personalised Education Now seeks to promote educational ‘alternatives for everybody, all of the time’ through a diverse, funded Personalised Educational Landscape. This would meet the learning needs, lifestyles and life choices made by individuals, families and communities. State funding would be secured through vouchers or personal learning accounts.

    Visit CPE

    Family Action

    Careers Advice

    Centre for Personalised Education

    Family Action transforms lives by providing practical, emotional and financial support to those who are experiencing poverty, disadvantage and social isolation across the country.

    Visit Family Action

    Careers Advice

    Careers Advice

    Careers Advice

    Careers advice for parents and young people

    VISIT CAREERS ADVICE

    Gingerbread

    Careers Advice

    Careers Advice

    Gingerbread are the leading national charity working with single parent families.

    VISIT GINGERBREAD

    Family Lives - Social Services

    Family Lives - Social Services

    Family Lives - Social Services

    What to expect if you ask for assistance from your local authority social services department or if another professional asks a social worker to visit because they have concerns about the welfare of a member of your family.

    Visit FAMILY LIVES

    Family Rights Group

    Family Lives - Social Services

    Family Lives - Social Services

    Family Rights Group was established in 1974, by a group of lawyers, social workers and academics who were concerned about how families were treated when social services were involved with their children.

     

    FRG work with parents whose children are in need, at risk or are in the care system and with members of the wider family who are raising children unable to remain at home.

    Visit FRG

    Siblings

    Family Lives - Social Services

    Grandparents Plus

    Sibs exists to support people who grow up with or have grown up with a disabled brother or sister. It is the only UK charity representing the needs of over half a million young siblings and over one and a half million adult siblings.

    VISIT SIBS

    Grandparents Plus

    Grandparents Plus

    Grandparents Plus

    Grandparents Plus is the only national charity (England and Wales) dedicated to supporting kinship carers - grandparents and other relatives raising children who aren't able to live with their parents.

    Visit Grandparents Plus

    SingleParents

    Grandparents Plus

    SingleParents

    SingleParents.org.uk brings together essential information, expert advice, interactive learning, multi-media content, links to other support organisations and news for anyone who is parenting alone.

    VISIT SINGLEPARENTS

    Step Parents

    Grandparents Plus

    SingleParents

    Happy Steps has been designed to gather together a whole range of services to help families and individuals strengthen their stepfamilies and to provide training and tools for organisations and family professionals.

    VISIT HAPPY STEPS

    Sky Badger

    The Ollie Foundation

    Family Fund

    We believe that family life should be full of fun and adventure. That's especially important when your child has a disability or life-threatening illness. Sky Badger is where you'll find help for physical disabilities, special educational needs, mental health problems as well as finding support for your whole family.

    VISIT SKY BADGER

    Family Fund

    The Ollie Foundation

    Family Fund

    Family Fund is the UK’s largest charity providing grants for families raising disabled or seriously ill children and young people. 

    Our mission is to provide items and services to all low-income families in the UK raising disabled or seriously ill children, that they could not otherwise afford or access, and that help improve their quality of life, realise their rights, and remove some of the barriers they face.

    visit Family Fund

    The Ollie Foundation

    The Ollie Foundation

    The Ollie Foundation

    In 2016, three parents who had all lost their teenage sons to suicide, vowed to do all they could to prevent other families suffering similar tragedies. And so The OLLIE Foundation was born.

    Visit The Ollie Foundation

    Only Dads

    PEGS (child on parent abuse)

    The Ollie Foundation

    We support parents who are looking to make the best decisions for their family during separation and divorce.

    VISIT ONLY DADS

    Only Mums

    PEGS (child on parent abuse)

    PEGS (child on parent abuse)

    We support parents who are looking to make the best decisions for their family during separation and divorce.

    VISIT ONLY MUMS

    PEGS (child on parent abuse)

    PEGS (child on parent abuse)

    PEGS (child on parent abuse)

    PEGS has been set up to support both parents and professionals deal with the issues associated with child to parent abuse.  Our awareness and training sessions help people to learn new tools and techniques when dealing with abusive children, what policies are out there to assist families, and what other support networks and frameworks exist in the UK.

    Visit PEGS

    .

    .

    Suggestions from our group members

    INVISIBLE STRING

    FOR SEPARATION ANXIETY: One really discrete thing that a parent has done this year is to sew a small piece of shared fabric into the jumper. The child knows that this piece of something from home is always with them and that mummy has a piece attached inside her handbag.

    Use a book like this

    HUG BUTTONS

    FOR SEPARATION ANXIETY: A four-year-old girl has created a ‘hug button’ to help her feel close to her mum when she’s at school. Violet Orrick and her mum Leanne, draw love hearts on each other’s hands which they press to send each other imagined hugs when they’re apart.

    You could copy this idea, using a pen to draw small hearts on your arms/hand or elsewhere. You can also look out for temporary tatoos that can be used such as this on Etsy.

    Find out more

    Legislation

    School Attendance Guidance 2020/21 (pdf)

    Download

    Parents Guide to Registration Codes (pdf)

    Download

    Education OutOfSchool for Health Needs Guidance 2013 (pdf)

    Download

    Supporting Pupils at School with Medical Conditions (pdf)

    Download

    School Attendance Parental Responsibility Measures Statutory Guidance (pdf)

    Download

    SEND Code of Practice 2015 (pdf)

    Download

    Special Educational Needs and Disabilites Guide for Parents and Carers (pdf)

    Download

    Equality Act and School (pdf)

    Download

    ENGLAND Disability Discrimination Technical Guidance Schools (doc)

    Download

    Attendance Issues Medical Needs Factsheet (pdf)

    Download

    Alternative Provision Statutory Guidance (pdf)

    Download

    Use of Reasonable Force Advice 2015 (pdf)

    Download

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