Irregular attendance

Schools have two referral pathways to the Attendance Compliance Team:

• to request a penalty notice for irregular school attendance
• investigation as to whether a prosecution is appropriate - where there has been a previous prosecution or where the school can justify that a penalty notice may not be appropriate

Referral request

When making a referral to the Attendance Compliance Team, the following school-based actions must be evidenced and included within the referral documentation.

Within the 8 school weeks before the referral

Schools/academies must evidence pre-referral work:

• parent(s)/carer(s) have been offered a meeting
• meeting notification is in writing via a letter which has been sent by Royal Mail post
• letter states a specific time and date for the meeting
• parents are given at least 7 days' notice in advance of the scheduled meeting
• following the scheduled meeting (whether attended by parent/s or not), a letter was sent to parent(s)/carer(s) advising that attendance remains an ongoing concern

Warning letters

Before making a referral, schools must have issued each parent/carer under separate cover, with a formal letter warning of the possible legal implications of irregular attendance and advising of the possibility of a referral to the local authority.

Each warning letter should:

• relate to one pupil only
• each parent should receive one warning letter per child if there are multiple siblings on roll
• be addressed to each parent/carer, with their correct title (Mr, Mrs, Dr, etc.), full forename (or first initial) and surname

Use the template warning letter and make sure it is produced on the school's headed paper. It is advised that the wording within the letter is not changed, as it is specifically designed to enable the progression of cases into the legal arena, where appropriate. 

Warning letters are valid for 18 calendar weeks from the issue date.

For a minimum of the last 18 school weeks

All of the following evidence must be shared with the local authority:

• detailed chronology, to include dates and what action was taken (see template chronology)
• communication log – include details of telephone calls/emails/texts made to and received from parent(s)/carer(s)
• letters sent regarding attendance
• notes of any meetings held/actions agreed to address school attendance difficulties
• Legal Action Warning Letter issued to each parent/carer

Referrals must also include evidence of referrals for support, including internal school support, which have been made on behalf of the pupil/family within the past 6 months. If no such referrals have been made, please be prepared to explain why.

Point of referral

At the point of referral, schools are required to provide:

• a copy of the attendance record showing a minimum of 12 school weeks of attendance immediately before the referral
• a copy of the warning letter

The referrer will be required to confirm that the school has worked with the family, or attempted to work with the family, to identify and remove barriers to regular attendance.

Additionally, colleagues will be required to confirm that the Headteacher is in support of the local authority proceeding to prosecution for irregular school attendance under section 444 Education Act 1996, should any penalty notice issued to parent/s remain unpaid.

​Only children of compulsory school age fall within the scope of the penalty notice Code of Conduct.

All children must start full-time education once they reach compulsory school age. This is on 31 December, 31 March or 31 August following their fifth birthday - whichever comes first.

If a child's fifth birthday is on one of those dates then they reach compulsory school age on that date.

Accepted referrals

Referrals are only accepted if the local authority receives all necessary pre-referral documentation/evidence.

Use the online referrals for irregular attendance form.

External companies must use this form for all notifications and referrals to the Attendance Compliance Team.

This referral process is separate from a request for a penalty notice following an unauthorised leave of absence (term time holiday taken by a pupil/family).

Information relating to unauthorised leave of absence can be found on the Unauthorised absence and lateness page.