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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 your GP and ask to be referred to CAMHS. 

Most schools should offer mental health / pastoral support, reasonable adjustments, SEND support, counselling, and access to a School Nurse, they can also ask an Educational Psychologist to make an assessment of your child's difficulties in school.

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

It is important to keep a brief diary or spreadsheet where you record what happens each 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 by It Must Be Mum explains the value of keeping records and how to go about it:

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 may need to gather medical evidence to back up your explanation (see our advice about school records and medical evidence below)
  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 / unmet needs 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.

Check to see how non-attendance is being coded in the register- check for accuracy and challenge anything you are not happy with, following the school's complaints policy.

• 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. 

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. The DfE guidance states: Code I: Illness (not medical or dental appointment) 364. The pupil is unable to attend due to illness (both physical and mental health related). Schools should advise parents to notify them on the first day the child is unable to attend due to illness. (page 86).  
• 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: “365. Schools are not expected to routinely request that parents provide medical evidence to support illness absences. Schools should only request reasonable medical evidence in cases where they need clarification to accurately record absence in the attendance register – i.e. making a decision that code I is the absence code that accurately describes the reason the pupil is not in school for the session in question. In the majority of cases a parent’s notification that their child is too ill to attend school will be that evidence and can be accepted without question or concern. Only where the school has genuine and reasonable doubt about the authenticity of the illness should medical evidence be requested to support the absence. 366. Where medical evidence is deemed necessary, schools should not be rigid about the form of evidence requested and should speak to the family about what evidence is available. Schools should be mindful that requesting additional medical evidence unnecessarily places pressure on health professionals, their staff and their appointment system, particularly if the illness is one that does not require treatment by a health professional. Where a parent cannot provide evidence in the form requested but can provide other evidence, schools should take this into account. Where a parent cannot provide any written evidence the school should have a conversation with the parent and pupil, if appropriate, which may in itself serve as the necessary evidence to record the absence." 
• 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. 

SUGGESTED ACTIONS

• Use the DfE Contact form to ask them to confirm if your child's absences should be authorised then hopefully you can use their response as evidence.
• Keep records of everything you do in relation to attendance and every piece of communication about the absences so that you can evidence your actions in trying to resolve this situation, in case you are fined/prosecuted.
• Consider submitting a SAR (subject access request) to try to gather evidence of your child’s difficulties in school and your school’s approach to supporting them/you. A full Subject Access Request (SAR) should provide you with 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 if necessary.
• Consider making a formal complaint if your school refuse to authorise your child's absences following the school's complaints policy. They're being unreasonable by ignoring the law. The register is a legal document and they must mark it correctly as it is a criminal offence to not comply with the statutory legislation. Remind them in writing that according to law absence due to illness is a statutory defence and must be authorised (Education Act 1996 s444 2a)

You will need this to protect yourself from prosecution

• See your GP and ask them to write a letter supporting your child - explaining their difficulties and the impact of those difficulties on their ability to attend school
• Speak to the school nurse
• Ask school for a referral to their Educational Psychologist (or search for the Educational Psychology service in your area and read their referral criteria/ options for parent contact/ EBSA guidance).
• Request referrals for a CAMHS assessment
• Look into NHS Right to Choose if you are seeking an assessment or diagnosis
• The DfE advise parents to refer to the following resources when deciding whether your child is too unwell to attend - you might be able to use them as evidence that you are doing the right thing
• https://www.nhs.uk/live-well/is-my-child-too-ill-for-school/
• https://www.gov.uk/government/publications/health-protection-in-schools-and-other-childcare-facilities
• When you are keeping notes in a diary, talking to your GP or reporting absences to the school make observations about the signs and symptoms of impacts on both physical and mental ill health - if your child is anxious do they also have physical symptoms such as nausea, vomiting, diarrhoea, headaches, shaking?

Families are often pressured to obtain medical evidence to have absence authorised and to inform the provision of suitable and appropriate alternative education. 

The DfE guidance states: Code I: Illness (not medical or dental appointment)

365. Schools are not expected to routinely request that parents provide medical evidence to support illness absences. Schools should only request reasonable medical evidence in cases where they need clarification to accurately record absence in the attendance register – i.e. making a decision that code I is the absence code that accurately describes the reason the pupil is not in school for the session in question. In the majority of cases a parent’s notification that their child is too ill to attend school will be that evidence and can be accepted without question or concern. Only where the school has genuine and reasonable doubt about the authenticity of the illness should medical evidence be requested to support the absence. 

366. Where medical evidence is deemed necessary, schools should not be rigid about the form of evidence requested and should speak to the family about what evidence is available. Schools should be mindful that requesting additional medical evidence unnecessarily places pressure on health professionals, their staff and their appointment system, particularly if the illness is one that does not require treatment by a health professional. Where a parent cannot provide evidence in the form requested but can provide other evidence, schools should take this into account. Where a parent cannot provide any written evidence the school should have a conversation with the parent and pupil, if appropriate, which may in itself serve as the necessary evidence to record the absence (page 87)

NOTE: In further DfE guidance it states: ' If you are asked to provide evidence this does not need to be a letter from your doctor or consultant, and doctors will not usually provide such letters. It can, instead, be appointment cards, prescriptions, or notes of previous consultations (including from the NHS App).' (page 2). 

Check your Local Authority’s code of practice/conduct for school attendance or your school’s attendance policy and see what medical evidence they state will be accepted, for example Birmingham City Council suggest the following forms of evidence are acceptable:

-     Medical appointment card with one appointment entered.

-     Letter from a professional such as a hospital Consultant or Psychologist.

-     Evidence of a consultation with NHS 111.

-     Medication prescribed by a GP.

-     Copy of prescription.

-     Print screen of medical notes.

-     Letters concerning hospital appointments.

-     Slip with date, pupils name and surgery stamp, signed by Receptionist.

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