If your child’s school has contacted you about attendance, this can feel worrying.
This page is here to explain what legal intervention is, when it may be considered, and—most importantly—what support is available to help your child attend school regularly.
Our approach
Our aim is always to work with families, not against them.
Legal intervention is only considered as a last resort, after schools and the local authority have:
- Spoken with you about attendance concerns
- Tried to understand any difficulties your child or family may be facing
- Offered support or adjustments where possible
- Given time for attendance to improve
Most attendance concerns do not end in legal action.
Understanding School Attendance
Why is regular school attendance important?
Regular attendance helps children achieve their educational potential, build friendships, develop routines and access the support they need to thrive at school.
What should I do if I’m worried about my child’s attendance?
Speak to your child’s school as early as possible. Schools can only help if they understand the difficulties your child or family may be experiencing. Early conversations often help identify support before attendance concerns become more serious.
What support is available if my child is struggling to attend school?
Support will vary depending on your child’s circumstances but may include:
- Attendance meetings
- Pastoral support
- Early Help services
- Emotional wellbeing support
- SEND support (where appropriate)
- Multi-agency support and advice
What if my child has medical or mental health difficulties?
You should discuss any medical, emotional or mental health concerns with your child’s school and provide any relevant evidence where appropriate. Schools can then consider what support, adjustments or referrals may be helpful.
When Might Legal Intervention Be Considered?
When might legal intervention be considered?
Legal intervention may be considered when a child is not attending school regularly and attendance has not improved despite support, intervention and attempts to work with the family.
Before legal intervention is considered, schools are expected to explore barriers to attendance and provide support where appropriate.
Does poor attendance automatically lead to legal action?
No. Each case is considered individually. Attendance history, support offered, parental engagement and any relevant circumstances are all taken into account before decisions are made.
What if I am engaging with the school but attendance is still poor?
Engagement with the school is always positive and will be considered. However, where attendance remains a significant concern, further intervention may still be considered depending on the circumstances of the case.
What Does the Law Say About School Attendance?
What are my responsibilities as a parent?
Parents have a legal responsibility to ensure that children of compulsory school age receive a suitable education and attend school regularly when registered at a school.
Can there be valid reasons for non-attendance?
Yes. Schools and the local authority will consider the individual circumstances surrounding attendance concerns, including any relevant evidence or information provided by parents.
What Rights Do Parents Have?
Will my circumstances be taken into account?
Yes. Any relevant information, evidence and engagement with support services will be considered before decisions are made about further action.
What if I disagree with the school’s attendance concerns?
You should speak with your child’s school and provide any information you believe is relevant. Any representations made by parents will be considered alongside attendance records and other available evidence.
What is a parental defence?
A parental defence is information or evidence presented by a parent to explain why attendance has been irregular or why legal action may not be appropriate. Any defence raised will be considered as part of the review process.
Can medical reasons prevent legal action?
Medical circumstances may be a relevant consideration where supported by appropriate evidence. It is important that any relevant information is shared with the school as early as possible.
What Happens If a Case Goes to Court?
Will every attendance case result in court proceedings?
No. Most attendance concerns are resolved through support and intervention. Court action is generally considered only when other approaches have not achieved the required improvement in attendance.
What happens if a case is referred for legal action?
The Attendance Support Team will review all available information, including attendance records, support provided, parental engagement and any mitigating circumstances before deciding whether further action is appropriate.
What happens if I receive a court summons?
You should read all correspondence carefully and follow any instructions provided. Court documentation will explain the next steps and any actions that you need to take.
What Happens If I Don’t Respond to Court Letters?
Should I respond to letters about attendance concerns?
Yes. It is important to read and respond to correspondence from your child’s school, the local authority or the court. Responding promptly helps ensure that your views and circumstances can be considered.
What if I ignore letters or requests for information?
Failure to respond may mean decisions are made using the information available at the time. It is always advisable to engage with the process and seek advice if you are unsure about what is being requested.