FAQ’s Legal Intervention: Information for Schools

Schools have a duty to promote good attendance, identify emerging attendance concerns, work with families to understand barriers, and provide appropriate support to help pupils attend school regularly. Attendance should be monitored consistently, and concerns should be addressed as early as possible.

Schools should consider escalating concerns when attendance is not improving despite support and intervention, particularly where there are persistent patterns of unauthorised absence or lateness.

No. Legal intervention should generally be considered only after appropriate support, engagement and intervention have been offered to the family and barriers to attendance have been explored.

Schools should consider a range of support measures appropriate to the child’s circumstances, which may include:

• Attendance meetings with parents/carers
• Attendance action plans
• Pastoral support
• Early Help referrals
• Multi-agency working
• Reasonable adjustments for pupils with additional needs
• Referrals to relevant support services

Each case is considered individually. Evidence of engagement is an important factor, but legal intervention may still be considered where attendance remains a significant concern and statutory thresholds are met.

Yes. Schools should maintain clear and accurate records of interventions, meetings, correspondence and support offered, as this information may be required if a case progresses to legal intervention.

Typically, a referral should only be submitted where there have been at least 10 sessions of unauthorised absence (codes O and/or U) within a rolling 10-school-week period, and appropriate support and intervention have already been undertaken.

No. All referrals are reviewed individually by the Attendance Support Team. The information provided, attendance history, support offered, parental engagement and any mitigating circumstances will be considered before determining the most appropriate course of action.

Depending on the circumstances, interventions may include:

• Attendance Contract consideration
• Formal warning processes
• Education Supervision Order consideration
• Prosecution consideration under attendance legislation
• Other statutory attendance measures where appropriate

Yes. Persistent lateness may be considered where it forms part of an ongoing attendance concern and school-based intervention has not secured improvement.

Schools should take reasonable steps to verify a family’s current address. Any concerns regarding residency or difficulties completing address verification should be included within the referral.

Schools should provide sufficient evidence to demonstrate:

• The attendance concern
• Support and intervention offered
• Communication with parents/carers
• Attendance records
• Outcomes of previous actions taken

This may include:

• Attendance reports
• Attendance contracts
• Meeting records
• Copies of letters and correspondence
• Early Help documentation
• Relevant medical information
• Records of multi-agency involvement

*this list is not exhaustive

Evidence helps demonstrate the support that has been offered, the steps taken by the school to improve attendance, and whether statutory intervention is appropriate and proportionate.

The Attendance Support Team may request additional information before a decision can be made regarding the referral.

Each case is considered on its own merits. The Attendance Support Team will take account of any information provided regarding the reasons for absence, support needs, family circumstances, and evidence supplied by parents or the school before determining the most appropriate course of action.

A parental defence is information or evidence presented by a parent to explain why attendance has been irregular or why they believe legal action should not be taken. Any defence raised will be considered alongside the attendance history and all available evidence.

Examples may include:

• Significant medical issues affecting the child or parent
• Exceptional family circumstances
• Bereavement
• Housing instability or homelessness
• Evidence that appropriate educational provision was not reasonably accessible
• Other circumstances supported by evidence

The relevance and impact of any circumstances will be assessed on a case-by-case basis.

Yes. Schools should provide details of any known circumstances that may have affected attendance, together with any evidence available, so that a fully informed decision can be made.

Schools should continue to maintain accurate attendance records and provide evidence of support offered, communication with the family, and actions taken to address the concerns. Any information provided by the parent should be included within the referral where relevant.

Medical issues may be a relevant consideration where supported by appropriate evidence. Schools should ensure that any medical information available to them, and any support or adjustments implemented, are included within the referral.

No. Meeting the threshold for referral does not automatically result in prosecution or other legal action. The Attendance Support Team will review all aspects of the case, including attendance data, support offered, parental engagement, mitigating circumstances and any representations made by the family, before determining the appropriate next steps.

Schools are encouraged to discuss concerns with their allocated Education Welfare Officer before submitting a referral.

Any significant new information, including evidence that may support or explain the attendance concerns, should be shared with the Attendance Support Team as soon as possible to ensure it can be considered as part of the case review.

If you require guidance regarding attendance concerns, intervention pathways or referral thresholds, please contact the Attendance Support Team or your allocated Education Welfare Officer.