There are situations where support is required from specialist services and consideration must be given to ensuring the best outcome for a child or young person. For pupils with Special Educational Needs or Disabilities (SEND) follow the SEND Graduated Approach.
Pupils who may potentially be absent for a long period of time due to health needs schools must follow the relevant government guidance:
- Supporting pupils at school with medical conditions
- Summary of responsibilities where a mental health issue is affecting attendance guidance
- Arranging education for children who cannot attend school because of health needs guidance
For consideration of any enforcement action through the Magistrates’ Court it is important schools have followed the DfE and local authority guidance for managing pupil attendance. Any cases progressing to prosecution will be placed before the courts under S444(1a). Schools must demonstrate the level of support offered to pupil and parents before any case can be referred to the local authority for enforcement through the Magistrates’ Court.
The local authority will perform its statutory duty and progress to enforcement through the Magistrates’ Court for cases where all other avenues are exhausted, and it is the best interest for the child’s educational outcomes.