Attendance needs

Some children with SEND may struggle to attend school due to anxieties or difficulties related to their needs. This may manifest as emotional distress, physical complaints, or threats of self-harm.

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School Responsibilities

Schools have a legal duty under the Children and Families Act 2014 to identify and support any special needs your child may have. If your child struggles to attend school, the school should offer appropriate support or further investigate their SEND.

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Reduced and Part-Time Timetables

Schools have a statutory duty to provide full-time education. In exceptional circumstances, a reduced timetable may be proposed to support a pupil's needs.

Key Points to think about:

• Part time timetables

• Must have parent agreement.

• Are not a long-term solution (usually a maximum of 6 weeks).

• Should plan towards increasing school time.

• Needs a time limit and regular review.

• Must be agreed by all parties involved (including the local authority).

 

Exclusions

Only the head teacher of a school (or the teacher in charge of a pupil referral unit or the principal of an academy) can exclude a pupil.

There are only two types of exclusion from a school which are lawful: permanent and fixed-period (which is called a “suspension”). Pupils could be excluded or suspended for a fixed term (for a specific number of school days) or permanently excluded. 

An exclusion or suspension for a fixed period cannot lawfully be rolled into or ‘converted’ into a permanent exclusion: 

• In exceptional cases (usually where further evidence has come to light) a further suspension may be issued to begin immediately after the first period ends, or a permanent exclusion may be issued to begin immediately after the end of the suspension.

• However, the new suspension or permanent exclusion must be separate from the suspension before and may be issued only in exceptional circumstances.

Any exclusion of a pupil, even for a short period of time, must be formally and accurately recorded. 

Pupils can only be excluded for disciplinary reasons. They cannot be excluded because a school, pupil referral unit (PRU) or academy cannot meet their needs or for something which their parents did or did not do.

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In addition, maintained schools have certain powers to direct pupils off-site for education to improve their behaviour. Academies have similar powers if their Articles of Association (the terms that say how they are to run) are written to include this. There are regulatory requirements about directing pupils off-site which apply to maintained schools and which represent good practice for Academies. 

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‘Informal’ or ‘unofficial’ exclusions/suspensions, such as sending a pupil home to cool off, are unlawful even if a parent or carer agrees to it.

 

Suspensions/ Fixed Term Exclusion

Child is not allowed to attend school for a set number of days.

Maximum of 45 days in a school year.

Alternative education must be provided after five days.

 

Permanent Exclusion

Child is not allowed to return to their school.

The local authority must find alternative education from the sixth day.

 

Disagreeing with an Exclusion

If you disagree with an exclusion you can:

Make Representations: Attend a meeting with the governing body to give your views.

Independent Review Panel (IRP): You can request a review if the governing body upholds the exclusion.

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SEND Expert: You can request a SEND expert at the IRP.

Disability Discrimination: You can make a claim to the first-tier tribunal if you feel the exclusion related to disability discrimination under the Equality Act 2010.