Cookie Consent by Free Privacy Policy Generator

Attendance and exclusions

A young women sits on the steps in her college looking worried whilst other students walk past her

When a child is struggling to attend school or when they have received an exclusion from school these can be worrying times for parents and children.

We can help parents and carers of children and young people with special educational needs or a disability where they:

  • are at risk of exclusion
  • have received a fixed term exclusion
  • have received a permanent exclusion

See further information about attendance, exclusions and appeals:

School attendance

You can see general information and guidance about school on the City of York Council website.

Further information about school attendance is available on GOV.UK:

Attendance letters

If your child's attendance at school drops below a certain level, the school will automatically send a letter advising that their attendance must improve.

If your child’s attendance doesn’t improve you may also receive a letter from the Local Authority’s School Attendance Advisor and there is a risk of incurring fines or court processes.

In this situation, we advise you to contact the School Services at City of York Council to discuss your concerns.

School Attendance Advisor
City of York Council
West Offices,
Station Rise,
York,
YO1 6GA

Telephone: 01904 551554.

Email: education@york.gov.uk.

If you feel that school could be doing more to help, you can request a meeting with them to discuss the situation further.

If you believe school are recording illness as unauthorised absence it might be helpful to look at The Department for Education (DfE) .

This DfE guidance says that schools:

  • should authorise absences due to illness unless they have genuine cause for concern about the veracity of an illness
  • can request parents to provide medical evidence to support illness
  • can record the absence as unauthorised if not satisfied of the authenticity of the illness but should advise parents of their intention
  • are advised not to request medical evidence unnecessarily; medical evidence can take the form of prescriptions, appointment cards, rather than doctors’ notes

In all local authority areas in England there is no right of appeal against a fixed penalty notice. The City of York Council have a Code of Conduct for the use of education related penalty notices. See further information about how City of York Council deal with .

According to the code of conduct, there is no requirement to give prior warning of a fixed penalty notice for a child’s leave of absence in term time for family holidays.

For penalty notices for general unauthorised absence parents should have received at least 2 warning letters from their child’s school within the previous 6 months.

If you believe you have been incorrectly issued with a penalty notice you should raise your concerns with school staff in the first instance. If you wish to make a complaint about a penalty notice you should follow your child’s school complaints procedure. A school complaints procedure can usually be found on the school’s website or by asking the school for a copy.

School attendance

Struggling to attend school

Some children struggle to attend school because of anxieties or difficulties that may be associated with their special educational needs and disabilities (SEND). This may result in behavioural problems either at home or during the school day. Some children might refuse to attend at all.

They may feel overwhelmed and have tantrums, physical complaints or be threatening to harm themselves if you make them go to school.

Schools have a legal duty under the , to work with you to identify and support any special needs that your child may have.

If your child is refusing to attend school, or if school are concerned about their attendance, then the school should work with you to try and solve the problem.

School attendance

Steps to improve attendance

For children with SEND, anxiety or sensory overload are common factors affecting behaviour and attendance, which are not always easy to spot. If you think there may be underlying needs, discuss and explore with school how these might be assessed and supported.

It can be useful to think about who you would like to meet with in school. School staff have different roles and you might want to change who you meet with as your child’s needs emerge or change. For example, to start with you may have spoken with their class teacher, or someone in a pastoral role at the school and you may now find you want to talk to the SENCO to discuss next steps with assessing and supporting your child’s needs.

Before your meeting, talk to your child to find out more. Your child’s views should always be the starting point of any discussion about support.

  • what are they finding difficult and does something need to change?
  • what worries or concerns them?
  • is there a trusted member of staff who they could speak to in school? This could be at the start or end of the day, or at a regular time each week – to check they are okay?
  • does your child struggle to express, understand or manage their feelings and emotions?
  • are there areas in the school which are too noisy, too busy?
  • are there problems in a particular lesson or time of day?
  • are they struggling with any or all of the work? Or is the work too easy? If so, in which lessons?

You, your child or school may wish to speak to others for further advice, help or support, such as:

  • the school nurse
  • a school counsellor
  • your child’s G.P.
  • the Specialist Teaching Team
  • an Educational Psychologist
  • a speech and language therapist
  • your Local Area Practitioner
  • a family social worker
  • a wellbeing worker
  • the child and adolescent mental health service
  • the Inclusion Officer at the City of York Council

We can help you to prepare for a school meeting. If you would like further advice, information or support before meeting with school staff please do not hesitate to contact us

Where support options in school have been exhausted or where you feel that the school are not able to meet your child’s needs you can also consider an .

If your child already has an Education, Health and Care Plan (EHCP), it may need to be reviewed. For example, it may be that your child has developed new social, emotional or mental health needs that are not covered by the existing plan. We can help you to .

Sometimes anxiety can worsen to the point that a child or young person starts to feel they are unable to go to school. Speak to their school as soon as possible to let them know about the difficulties they are experiencing. You can also speak to the school nurse or your child's doctor or GP about your concerns. If the GP agrees that your child is not currently able to attend school ask them for a letter to give as evidence to the school or local authority for their non-attendance. Alternatively, they may refer to Child and Adolescent Mental Health Service (CAMHS).

If your child is not attending school due to a long term medical or mental health condition you can review further information and advice.

Attendance - further resources

City of York Council provide specialist support for a range of long term and short term conditions, working with children, their parents and carers, and schools. They also offer advice to schools and the local authority on adaptations to school buildings.

Top of page

School exclusions

Attendance refers to when a pupil is not attending their nursery, school or college but is expected to do so. If the school or setting is telling you that your child or young person is not allowed to attend, then this is considered an exclusion.

Schools (including academies, free schools and pupil referral units) may exclude a pupil but only for breaches of their behaviour policy. An exclusion can be for a given number of days known as fixed period exclusion, or an exclusion can be permanent.

Exclusions can be stressful and emotional for you as a parent, but also for your child. It is important that you have the right information and support and feel you can ask questions about the exclusion, to know your next steps.

Only a head teacher, an acting head teacher if the head teacher is off site, or the teacher in charge of a pupil referral unit or the principal of an academy, can exclude a child and this must be on disciplinary grounds.

Head teachers must consider their legal duty of care when sending a pupil home following an exclusion.

Head teachers should also consider what extra support might be needed to identify and address the needs of a child in order to reduce their risk of exclusion.

Schools have to, by law, provide access to full time education for all children. If your child has been sent home from school and you have been told that you cannot send them back, then this must be recorded formally in writing as an exclusion.

If the school does not wish to formally exclude, then your child is still legally allowed to attend.

If your child is sent home for lunch, even with your agreement, then this still needs to be recorded as a half day exclusion.

Exclusions can provide evidence that your child's needs are not being met in their current placement and that there could be some underlying SEND. This is why it is important that they are formally recorded.

Statistics show that children and young people with SEND are much more likely to be excluded from school than their classmates. The Government is aiming to reduce the number of exclusions of all children and particularly those with SEND.

Any decision to exclude a pupil should be:

  • lawful
  • reasonable
  • fair

Excluded pupils should be enabled and encouraged to participate at all stages of the exclusion process, taking into account their age and understanding.

Head teachers should:

  • take into account contributing factors identified after an incident of poor behaviour has occurred; this might include if the pupil has suffered bereavement, has mental health issues, or has been subject to bullying.
  • give particular consideration to groups vulnerable to exclusion - such as children with SEND
  • engage with parents in supporting the behaviour of pupils with additional needs

When choosing to exclude a pupil, schools must have regard to:

If a school is concerned about the behaviour, or the risk of exclusion of a child with additional needs or special educational needs, the head teacher should, with others, consider whether an EHC needs assessment is required to identify any SEN, consider what additional support is in place or, in some circumstances, whether an alternative placement may be required.  If your child already has an Education, Health and Care Plan (EHCP), it may need to be reviewed. The IPSEA website includes advice about asking for an early review of an EHC Plan, as well as a draft letter for parents to request a review.

Pupils should not be discriminated against on the basis of protected characteristics such as disability or race. The relates to schools.

Disruptive behaviour

If your child is being disruptive in school, this can be very difficult for everyone involved. The most important thing is to continue to work with school, sharing ideas and deciding next steps.

Disruptive behaviour can be a symptom of something else going on, for example a child may be having some difficulty in lessons, either with the work they are doing or perhaps they have some sensory needs and their surroundings are causing them to feel anxious. If you think there may be underlying needs (special educational needs), discuss and explore with school how these might be identified and supported.

There may be something else your child is worried about or being affected by at the moment for example, bullying, a family split, or bereavement. Share this information with school so that you can work together to find a way to support them.

Schools have a responsibility to make sure necessary provision is made and to make reasonable adjustments to support your child’s needs to try to prevent exclusion. School staff may want to talk to you about your child being at risk of exclusion if their behaviour doesn’t improve, they don’t comply with the school’s behaviour policy or they have been excluded.

School exclusions

Duty to notify

The head teacher has a duty to inform parents about an exclusion. They must, without delay, notify parents of the exclusion and the reasons for it.

The following information must be provided to parents in writing:

  • the reasons for the exclusion
  • if it is a fixed period or permanent exclusion
  • the period of any fixed period exclusion
  • that parents have the right to request representations to the governing body, and how the pupil can be involved
  • how representations should be made
  • where there is a legal requirement for a governing body to consider the exclusion, that parents have the right to attend a meeting, be represented at the meeting (at their own expense) or bring a friend

The Head Teacher must immediately inform the governing body and the local authority when:

  • a child has been any permanent excluded
  • a child has had more than 15 days fixed period exclusions in a term
  • an exclusion results in a child missing an examination or national curriculum test

School exclusions

Dealing with exclusions

It can be useful to think about whom to contact at your child’s school, a class teacher, form teacher, pastoral worker or the school SENCO.

You could ask for a meeting with the school to discuss your concerns. We can help you to prepare for a school meeting. If you would like further advice, information or support before meeting with school staff please do not hesitate to contact us

Before the meeting, read the school’s policies on SEN and Behaviour. You may find it helpful to look at your school’s ‘SEN Information Report’, which should explain how the school identifies and supports pupils with SEN. Copies of these are usually found of the school website but if not, or you don’t have access to the internet ask the school receptionist for a copy.

Talk to your child to find out more. Your child’s views should always be the starting point of any discussion about support. Ask them about what’s working well, what they are finding difficult about lessons or school and what they would like to change. Consider times in the past when things were working well – what helped them, and could it help again?

You should share background information with the school whilst in the meeting, for example issues that might be affecting behaviour or where you are exploring or have received a diagnosis from a health practitioner. Do you think your child may have sensory needs, struggle to express feelings or emotions?

You should discuss what help or support your child may need in lessons, to manage their feelings or with friendships and relationships at school.

Try to identify whether you, or school staff, can see patterns in your child’s behaviour; are the incidents in the same lesson, at a particular time of day or day of the week?

You should discuss the things which may have a positive impact on behaviour or attendance.

Identify a member of staff who has a good relationship with you child that they could speak to in school. This could be at the start or end of the day, or at a regular time each week to check they are okay.

If you feel that your child's SEND maybe contributing to any behaviour that they are being excluded for, then you could consider whether an EHC needs assessment would be helpful.

If your child already has an Education, Health and Care Plan (EHCP), it may need to be reviewed. For example, it may be that your child has developed new social, emotional or mental health needs that are not covered by the existing plan. We can help you to ask for an early review or prepare for a meeting.

It can be helpful to discuss alternative support options where exclusion is not providing an effective sanction.

You, your child or school may wish to speak to others for further advice, help or support, such as:

  • the school nurse
  • a school counsellor
  • your child’s G.P.
  • the Specialist Teaching Team
  • an Educational Psychologist
  • a speech and language therapist
  • your Local Area Practitioner
  • a family social worker
  • a wellbeing worker
  • the child and adolescent mental health service
  • the Inclusion Officer at the City of York Council

School exclusions

Fixed period exclusions

A fixed period exclusion is an exclusion where your child is not allowed to attend their school for a specific number of days.

A pupil may be excluded up to a maximum of 45 days within a school year – the legal limit. After that they may be permanently excluded.

Section 20 of the Department for Education Exclusions guidance says:

Where a pupil has received multiple exclusions or is approaching the legal limit of 45 school days of fixed period exclusion in an academic year, the head teacher should consider whether exclusion is providing an effective sanction.

A child will remain on the school roll during a fixed period exclusion.

The depend on how long the exclusion is for.

Exclusions up to 5 days

During the first five days of exclusion, your child should not be seen in a public place during school hours. It is your responsibility to arrange childcare or supervision.

Schools should take reasonable steps to set and mark work during the first 5 days of the exclusion.

Exclusions after 5 days

On and after the sixth day (for both fixed period and permanent exclusion), the school has a duty to arrange suitable, full-time alternative education during the school term for any pupil of compulsory school age.

If your child has an EHCP, the local authority must ensure that an appropriate full-time placement is identified and parents must be consulted. The governing body must speak to you about any proposed new placement. It might be that the EHCP will need to be reviewed.

Parents of excluded pupils with special educational needs retain their rights to request a preference for a school, or make representations for a placement in any other school.

School exclusions

Dealing with fixed period exclusions

You should read the head teacher’s letter which will explain:

  • why your child has been excluded
  • what type of exclusion your child has been given
  • when your child is due to return to school (unless they have been permanently excluded)
  • that you have the right to write your views to the school’s governors
  • that you have the right to meet with the governors (and take someone with you to support you) in some circumstances

During the period of exclusion, parents can:

  • ensure that any school work set during the exclusion period is completed and returned to school
  • arrange for the child to be looked after during the school day as your child should not be in a public place without good reason, or you could be fined
  • ask the school if they intend to involve any behaviour support, an educational psychologist, the City of York Council’s Inclusion Officer
  • ask the school governors to review the head teacher’s decision to exclude and put your views in writing, if appropriate

The exclusion will not become final until the governors have met and upheld it.

The governors must meet within 15 days of the exclusion where your child has received more than 15 days of exclusion in a term.

Where a child has received more than 5 days of exclusion in a term, or if the exclusion would mean that your child would miss a public exam, and a parent has asked for a meeting with the governors they must meet with the parent. However, the governors do not have to meet if a child has received fewer than 5 days of exclusion in a term.

School exclusions

Fixed period exclusion - next steps

Your school should have a plan in place for reintegrating the pupil following a fixed period exclusion, and for managing their behaviour to avoid exclusion happening again. Your child can then return to school.

You might want to consider what support your child may need to return to school.

School exclusions

Permanent exclusions

A permanent exclusion is an exclusion where your child is not allowed to return to their school or setting.

The depend on how long the exclusion is for.

Permanent exclusions should only be used as a last resort when there has been either:

  • a serious incident
  • repeated breaches of the schools' behaviour policy
  • a risk to the education or welfare of other pupils

Following a meeting with school governors, your child could be taken off the school roll.

However, for the first 5 days of exclusion, as with a fixed period exclusion, the school should set and mark work to be completed at home.

From the sixth day, if the child is of compulsory school age, the local authority has duty to arrange suitable, full-time alternative education during the school term.

If your child has an EHCP, the local authority must speak to you about the new proposed placement.

School exclusions

Dealing with permanent exclusions

Parents can:

  • ensure that the school work is completed and returned to school
  • arrange for childcare or supervision for your child during school hours as they should not be in a public place without good reason or you could be fined
  • ask the school if they intend to involve any behaviour support, an educational psychologist, the City of York Council’s Inclusion Officer before the permanent exclusion
  • ask for a copy of your child’s school record,
  • liaise with the local authority regarding a suitable alternative education for your child

If you disagree with either a fixed period or a permanent exclusion, ask the school governors to review the head teacher’s decision to permanently exclude. You may put your views in writing or attend the governors meeting - this is also called making representations.

Exclusions must be upheld by the governing body of the excluding school or setting. This means that they will review information about what has led to the decision to exclude and then choose to agree with it (uphold) or disagree with it (over-turn).

If they disagree with the decision, then your child can return to their school and the exclusion will be removed from their record.

School exclusions

Exclusions - further resources

Top of page

School exclusion appeals

If the school governors uphold the head teacher’s decision to permanently exclusion, where the parent or excluded pupil (if over 18) disagree with the decision of a governing body not to reinstate a permanently excluded pupil, they can ask for this decision to be reviewed by an Independent Review Panel.

An Independent Review Panel does not have the power to direct a governing body to reinstate a permanently excluded pupil but it can direct them to reconsider their decision.

The IRP can:

  • uphold the school governor’s decision,
  • quash the decision and order the governors to review it
  • recommend the governors reconsider

If the governing body does not reinstate the pupil after reconsideration, the panel will be expected to order that the school make an additional payment of £4000. This will go to the local authority, and contribute towards the costs of providing alternative provision.

If you're considering an appeal to the independent review panel please contact York SENDIASS for further advice, information and support.

During the IRP you or the pupil (if over 18) can ask for an SEN expert to be present, whether or not the school recognise that your child has special educational needs. Your child does not need to be on the school SEND register or have an EHCP.

The SEN expert will not diagnose your child, but they can provide impartial advice to the panel about how special educational needs could be relevant to the exclusion.

See further information about .

Top of page

Appeals - further resources

Top of page

Parents and carers submenu