What is emotionally based school avoidance?

Emotionally based school avoidance (EBSA) is a broad umbrella term that refers to children and young people who experience significant and enduring challenges in attending school due to emotional factors, often resulting in persistent or prolonged absences from school.

There is no single cause for EBSA and there are usually a number of contributing factors as to why a child may be finding it difficult to attend school. The causes are individual to each child and therefore a ‘one size fits all’ approach to addressing these barriers is ineffective. Once identified, these barriers need to be explored and addressed with an individually tailored approach to help re-engage the child with their setting and learning. 

It is important to make a clear distinction between children that are absent from school due to truanting and those who are absent from school due to unmet SEND needs, which result in the specific emotional distress experienced around attending school.  

The phrase ‘school refuser’ is often used instead of EBSA, but it should be avoided as it assumes the child has control over their actions and that it is a decision they choose to make rather than a reaction to a perceived threat.  It is not unusual for the child to want to attend school, but they experience difficulties coping with the demands, and emotional and physical anguish. 

EBSA may start suddenly or happen gradually and so it is important to look for early signs.  Transition between all school phases can be a trigger, however a child’s experience of transition from primary to secondary school is a particularly significant point in their life and the incidence of ESBA is more common following this transition.  

 

Some children may have greater difficulties at certain times of the day e.g. the start of the day or moving from unstructured time (break/lunch) to structured time in class. Sometimes when the perceived threat is removed, anxiety may reduce. The child’s anxiety may also visibly reduce during weekends or school holidays. 

EBSA can present differently in individuals. Some children may have long-term non-attendance and respond in a physical way through distressed, dysregulated behaviours which serve as a form of communication if there is an increased pressure to attend education. Other children may have sporadic attendance explained by anxiety-induced illnesses, which may suggest the child is masking the underlying issue. This can make it difficult for schools to identify and support the individual successfully.

 

What can you as a parent/carer do to help your child with EBSA?

It's hard to balance the importance of attending school with the stress experienced by the child and their family trying to get them there. It is therefore important to get appropriate support as soon as possible.

Helping a child who has EBSA will require support from family and school, and in some cases professionals in order to create a plan that works with and for the child. It is important to place the child’s view at the centre of all planning to maximise a successful outcome.

Any action plans that are created between the child, home and school require regular review to assess their effectiveness. These plans do not need to remain fixed and can be adapted in response to the changing needs of the child.

School can put in place reasonable adjustments to help remove barriers to attendance and assist in reintegration to the school setting.

 

Speak to your child:

Explore ways for your child to communicate their feelings around their anxieties towards attending school; this could be verbally, through drawing, writing, acting them out or any strategy that supports a meaningful communication with the child.

Ask them what they find difficult or what worries them about school and what they would like to change. Also consider their ‘strength’ factors to support in action planning.

Conversations can help identify specific triggers and anxieties, identify what could be put in place to reduce stressors and even highlight strengths as a starting points for the reintegration process.

Your child's views should be the starting point of any discussion about support and should inform all planning.

 

Make contact with the school:

Early identification of EBSA is key to avoid the avoidance behaviours becoming entrenched. In the first instance, it would be appropriate to ask the school for a meeting to discuss the emergence of or escalation in your child’s EBSA.

For children with SEND, anxiety or sensory overload are some of the common factors affecting behaviour and attendance which are not always immediately identified. If you think there may be unmet needs ask for a meeting with the school SENCo to discuss how these might be identified and supported by the school.

Let the school know if there are any emerging needs you have noticed, which are becoming a barrier to learning or attendance for your child.

 

Identify the level of SEN support currently in place:

It may be necessary for the child to have SEN Support at school. It is important to look at what reasonable adjustments are being made to encourage motivation to attend and to build a sense of belonging for the child to attend the school setting.

The key to creating an effective EBSA support plan is patience and the understanding that there will not be a quick fix over night, but by remaining consistent and determined positive changes should be seen.

Discuss with your school what is currently in place, how long has it been in place for and whether alterations to the action plan need to be made.

If SEN Support is already in place but is proving insufficient in meeting your child’s needs, then you may wish to ask the school to consider applying (or supporting you as the parent in applying) for an EHC needs assessment.

If your child already has an education, health and care plan (EHC plan) but your child has newly emerging needs such as SEMH (social, emotional and mental health) which cannot wait until the next annual review, it may be necessary to ask the school to call an interim (early) review.

 

Report and explain absence and attendance:

It is very important that as a parent/carer you stay in regular communication with the school and report every absence/late attendance to the appropriate members of staff , ideally by email so that you have a paper trail.

It would be useful if you could include a brief explanation of the circumstances around each absence/late attendance so that you evidence what efforts were made to get your child to school and how the child responded.

 

Obtain medical evidence:

You may also wish to speak to your child's GP (or paediatrician/specialist if they have one) about the emerging/ongoing EBSA issues. If the doctor agrees that your child is not currently able to attend school, ask them if they can provide a letter to give to the school or local authority as evidence for the non-attendance.

Parents/carers have a duty to notify school on the first day the child is unable to attend due to illness. The school must record absences as authorised where it is not possible for a pupil to attend due to illness (both physical and mental health related).  This is important so that a parent's/ carer's concerns about their child's mental health have been acknowledged.

In regards to the need for medical evidence for absence due to illness both physical and mental health related (not medical or dental appointments), the School Attendance Guidance August 2024 gives some guidance on this.

To access the guidance document please click on the following link: 

https://assets.publishing.service.gov.uk/media/66bf300da44f1c4c23e5bd1b/Working_together_to_improve_school_attendance_-_August_2024.pdf

 

The following guidance is given in regards to when school may request medical evidence:

 

Page 25:

62. Medical evidence for recording absences should only be needed in a minority of cases. Where a pupil’s health need means they need reasonable adjustments or support because it is complex or long term, schools can seek medical evidence to better understand the needs of the pupil and identify the most suitable provision in line with the statutory guidance in supporting pupils at school with medical conditions or arranging education for children who cannot attend school because of health needs.

Therefore, in instances of long-term or repeated absences for mental health issues, it may be appropriate for a school to request medical evidence to determine whether the child requires additional support to help them to attend more regularly, and to find out whether the illness is likely to prevent the child from attending for extended periods.

 

The following guidance is given in terms of why schools may request medical evdence:

Page 87:

365. Schools are not expected to routinely request that parents provide medical evidence to support illness absences. Schools should only request reasonable medical evidence in cases where they need clarification to accurately record absence in the attendance register .......   

It also states that             

       .....In the majority of cases a parent’s notification that their child is too ill to attend school will be that evidence and can be accepted without question or concern. Only where the school has genuine and reasonable doubt about the authenticity of the illness should medical evidence be requested to support the absence.

The following guidance is given in regards to the form of medical evidence required:

366. Where medical evidence is deemed necessary, schools should not be rigid about the form of evidence requested and should speak to the family about what evidence is available. Schools should be mindful that requesting additional medical evidence unnecessarily places pressure on health professionals, their staff and their appointment system, particularly if the illness is one that does not require treatment by a health professional. Where a parent cannot provide evidence in the form requested but can provide other evidence, schools should take this into account. Where a parent cannot provide any written evidence the school should have a conversation with the parent and pupil, if appropriate, which may in itself serve as the necessary evidence to record the absence.

 

Consider a school placement change carefully:

Although you may feel that a change of school may help with EBSA, it is possible that the same difficulties will re-emerge in the new setting.  It may be better in the long term to work with your child, the school and other professionals to help identify and remove the barriers to attendance at the current setting.

It is also important to let the child express their views on changing school.

 

What can the school do to help your child with EBSA?

 

Legal duties and guidance for schools:

All schools, academies and free schools have a statutory duty to provide full-time education for all pupils of compulsory school age.

When a child is struggling to attend school because of their SEND, the school should be working to offer appropriate support or to further investigate the child’s needs if not enough is known about it.

Schools also have a legal duty under the Children’s and Families Act 2014, to work with parents/carers to identify and support any special needs that the child may have.

The DfE document ’Summary of responsibilities where a mental health issue is affecting attendance February 2023’  Page 3 states that …

’... the guidance applies to any pupils displaying any social, emotional or mental health issue that is affecting their attendance. It is not only for pupils who have a diagnosed mental disorder, or a disability or special educational need.’

Please click on the link to access this document: https://assets.publishing.service.gov.uk/media/63ee20a3d3bf7f62e5f76ba4/Summary_of_responsibilities_where_a_mental_health_issue_is_affecting_attendance.pdf

The guidance encourages parents/carers and schools to be open and work together to create a plan for attendance that fits with the needs of the child. Once barriers to attendance are understood the guidance states that reasonable adjustments should be put in place to address these named barriers so that the child has greater confidence and reduced anxiety in attending school.

Schools also have a legal duty under the Children and Families Act 2014, to work with parents/carers to identify and support any special needs that your child may have.

 

Requesting support from the local authority (LA):

The school can take advice from and make referrals to other external support service and teams such as an educational psychologist (EP), an advisory teacher from the local authority or to CAMHS (Child and Adult Mental Health Services). The school SENCo (special educational needs co-ordinator) meets with their ‘link EP’ every term to have their ‘termly planning meeting’. This planning meeting is driven primarily by the SENCo, as they choose which children from their list of ‘needed support’ to prioritise that term. The EP time is limited so schools have to make informed decisions on how to use this time most effectively and this may mean that a particular child may not be seen immediately, but in the next term or two. If a school has several cases of EBSA the EP may offer whole staff training rather than several individual consultations.

 

Reasonable adjustments:

Under the Equality Act and the SEND Code of Practice schools must make reasonable adjustments, including the provision of auxiliary aids and services to ensure that disabled children and young people are not at a substantial disadvantage compared to their peers. This duty is anticipatory-, this means it requires thought to be given in advance to what disabled children and young people might require and what adjustments might be needed to prevent that disadvantage.

The school may create an action plan which puts in place ‘reasonable adjustments’- this may help to remove the stress triggers that a child experiences as a barrier to attendance.

Reasonable adjustments may include modified start and end times to the school day, making a member of staff available for the child to develop a trusted relationship with, a safe space when they are feeling overwhelmed, a transitional timetable etc.

 

Work together:

Support by working together is an overarching theme in the 'Working together to improve school attendance' guidance August 2024.

Link: https://assets.publishing.service.gov.uk/media/66bf300da44f1c4c23e5bd1b/Working_together_to_improve_school_attendance_-_August_2024.pdf

It states on page 12 that....

20. Where absence intensifies, so should the support provided, which will require the school to work in tandem with the local authority and other relevant partners.

This means that the school can increase the level of support offered and the type of professional services they consult with. Options such as mentoring, careers advice or 1-2-1 tuition may be considered.

Where appropriate, the school may seek an EHC plan, voluntary early help assessment, advice from educational psychologists and/or advisory teachers from the LA or make referrals to the LA for home tuition or alternative education.

 

Examples of support strategies schools may put in place

Strategies such as the following may be considered on an individual case by case basis by the school:

• Meet and greet by a trusted member of staff at the start/end of the day.
• Continue the communication between child and school whilst the child isn’t attending, instilling a sense of belonging (emailing, calling, sending a letter, photos etc.)
• Mapping out the school and scaling/highlighting if there are any parts of the school that feel particularly anxiety provoking for the child.
• Any scaling activities (ranking activities/situations/experiences at school from high to low) to identify risk and resilience factors regarding attendance.
• Utilising the EBSA toolkit/guidance offered by the Educational Psychology Service for the London Borough of Havering.
• Entrance and exit via the main office to avoid crowds.
• Modified start and end times to the school day to avoid crowds.
• Registering at the main school office and not attending tutor time in the morning.
• Conversations reducing the pressure to explain to staff where they have been/justify lateness. More conversations to build a sense of community and belonging,  through staff comments such as “It’s great to see you”.
• Support with transition periods, whether this be from home to school, school to home, unstructured times (such as break and lunch) to structured times, lesson to lesson etc.  Support and planning to ensure these are carefully managed and paired with regulatory strategies.
• Explore whether a change of tutor group would be beneficial.
• Adult-led approaches such as regular check-ins during the school day and hover support from staff.
• Help to understand and manage feelings and emotions e.g. ELSA or counselling.
• Positive praise (verbal, written or via email depending on the child/young person).
• Process praise (praising the effort/intent rather than the outcome).
• 'Time-out'/ ‘Movement Card’ card for when child feels overwhelmed in lessons.
• Lesson breaks (to allow some calm down time).
• Changes to the timetable if particular lessons are a trigger. Identify lessons the child may like to attend where there are particular interests that can be built on and that they enjoy.
• Identify lessons where there may be issues which trigger EBSA such as those with a supply teacher. Offer alternatives in the short term and identify and address the causes of the triggers as a longer term solution.
• Learning away from the classroom in a dedicated area or room sometimes known as a 'safe space'.
• Identify any lunchtime clubs that child may have interest in, particularly if lunch time is a trigger.
• Identifying a key person for your child and a named member of staff  to aid liaison with parent.
• Providing a suitable space for break and lunch times away from the dinner hall.
• Toilet pass.
• 1:1 or small group interventions, support programmes, anxiety or friendship groups.
• Leaving lessons 5 minutes early to avoid crowded corridors.
• Advice from an educational psychologist/advisory teacher from the local authority.
• Ensuring regular ‘assess, plan, do, reviews’ are carried out for child on SEN Support and that all staff are aware of the content of the pupil passport/IEP.
• Calling a formal interim (early) review for the child with an EHC plan if more provision is required to meet emerging needs. Ensuring all staff are aware of the content of the EHC plan.
• Applying for an EHC needs assessment (with parent’s consent) if special educational provision above SEN Support is deemed necessary.
• Referral to specialist services e.g. CAMHS.
• In exceptional circumstances and only on a short term and transitional basis, introduce a part-time timetable with regular reviews.

 

When is a part-time timetable appropriate?

In exceptional circumstances schools may decide to propose a reduced timetable to support a pupil's needs. There must be a clear reason and some evidence as to why this approach is needed.

 

Key points for using reduced timetables…

• It must be done with parental agreement, otherwise it could be considered unlawful exclusion.
• Exclusion must not be threatened as a means of getting parent agreement.
• It must not be viewed as a long term solution, usually with a maximum of 6 weeks.
• It must plan towards the pupil increasing their time in school and for any support that they will need upon their return.
• The plan needs to be reviewed little and often, making small incremental steps so that the reintegration process is not overwhelming, thus further entrenching avoidance.
• It needs a time limit by which point the pupil is expected to attend full-time, or be provided with alternative provision.
• It needs to be monitored and reviewed regularly.
• Where a child is ‘looked after’, subject to an early help plan or any other services are involved, the timetable should be discussed with and agreed by all parties.
• If there is an EHC plan, a review must be held, and the local authority must agree to the reduced timetable and planning.
• A risk assessment should be carried out to look at the possible impact of the pupil being out of their education and agree how this can be managed.
• The arrangement should not negatively affect any agreed SEND transport arrangements.
• If the pupil is entitled to free school meals, these should be provided (perhaps as a packed lunch).
• Absences should be formally recorded using an appropriate code as an authorised absence.

 

Strategies for returning to school after a longer period of EBSA absence

If a child has been absent from school for a sustained period of time the following strategies may be helpful in the build-up/prior to the initial transition back to school. It is also again helpful to bear in mind that this list is not exhaustive, nor a ‘one size fits all’ and so it is important to remain flexible and open-minded in approaches to support individual needs.

Strategies may include:

• Driving/walking past the school once or twice a day with your child.
• Visiting the school out of hours (by arrangement with the staff) to meet with a more trusted member of staff.
• During the out of hours school visit accompanying the child to the food hall, assembly hall, toilet block or any other area where they usually feel anxious or overwhelmed.
• Arranging for the child to have a regular catch up with their form tutor via a virtual check in or to attend a tutor group session remotely so that they do not become completely isolated from the school environment and their peers.
• Maintaining regular communication between the child and the school throughout the entire absence is a vital step in the reintegration plan. By keeping this line of communication open and ensuring that the child still feels included in the community, this instils a sense of belonging to the school and will mean that they feel more at ease when beginning these gradual steps to build up their attendance.

 

Department for Education guidance on reduced or non-attendance at school by a child

The following information summarises some of the recommendations for schools that are set out in the Department for Education guidance policies on school attendance (details of which are included below for reference):

Working together to improve school attendance Statutory guidance for maintained schools, academies, independent schools and local authorities  Published: August 2024

Link: https://assets.publishing.service.gov.uk/media/66bf300da44f1c4c23e5bd1b/Working_together_to_improve_school_attendance_-_August_2024.pdf

 

Summary guidance ‘ Summary of responsibilities where a mental health issue is affecting attendance’  Published: February 2023

Link: https://assets.publishing.service.gov.uk/media/63ee20a3d3bf7f62e5f76ba4/Summary_of_responsibilities_where_a_mental_health_issue_is_affecting_attendance.pdf

Some of the key points from these documents have been summarised below:

• Schools should be particularly mindful of pupils absent from school due to mental or physical ill health or their special educational needs and/or disabilities, and provide them with additional support. 
• Parents should keep in touch with the school and be open in communicating information that will help improve the quality and nature of support being provided.  
• All schools are expected to support pupils and parents by working together to address any in-school barriers to attendance
• Where absence intensifies, so should the support provided, which will require the school to work in tandem with the local authority and other relevant partners

 

You may also find the following references within the guidance documents useful:

P5 of the Summary document considers the question ‘When is it appropriate for a pupil to be absent because of a mental health issue?’

P7 of the Summary document considers the issue ‘How to facilitate support for children where a mental health issue is affecting attendance’

P10 of the Summary document considers the question ‘Should school staff ask for medical evidence of a mental health-related absence?’

P15 of the Summary document considers the issue of ‘Additional considerations for children with SEND, an EHC plan and/or an assigned social worker’.

 

 

The legal right to education for a child of compulsory age and how to request temporary education

 

If a child is of compulsory school age, is unable to attend school for any reason and their parent has not chosen to home educate them, this should be made clear to the local authority (LA). The LA may have a legal duty under Section 19 of the Education Act 1996 to secure suitable, full-time education for them – whether they have an EHC plan or not. Education must be provided as soon as it is clear that your child will be away from school for 15 days or more (whether these days have occurred one after the other, or at separate points over the school year).

Please click on the following IPSEA link to access a template letter (letter22C) which you can then modify to ask Havering LA to arrange alternative education for your child:

https://www.ipsea.org.uk/asking-the-local-authority-to-arrange-alternative-education-model-letter-22

 

The education provided must be suitable for your child’s age, ability, aptitude, and special educational needs (SEN).

 

Please note that your request will be strengthened if you can send evidence in support of it. You should also include details of your child’s SEN and the provision that will be required in order for the alternative education provision to be suitable. It would be helpful to include confirmation of the health issues that impact on your child such as a letter from your child’s GP, paediatrician or other medical or mental health practitioner. If your child has or has previously had an EHC plan in place it would be helpful to include a copy of the current/last plan. If you are currently in the process of applying for an EHC plan or waiting for an assessment/issuance decision from the LA you may wish to state this in the letter.

The request should be sent by email to the Director of Children’s Services, in Havering this is the Director of Starting Well.  You can find their contact details on the Association of Directors of Children’s Services website via this link:  Director of Children's Services Directory

Please ensure you keep a copy for your records.

There is no set deadline for the LA to respond to your request, but it should do so as soon as possible.

Should the LA fail to make arrangements you can make a complaint by following the LA’s own complaint procedure. This can be accessed via the following link:

https://www.havering.gov.uk/complaints

 

 

 

Parent/carer meetings with school about EBSA

Before the meeting…

try to discuss the issues with your child so that you understand their views, wishes and feelings. As a starting point you may wish to consider the following questions and make notes on points or questions you would like to discuss:

• Has your child ever had issues with attendance before e.g. at primary school?

If so, what strategies helped improve attendance?

If not, what might have changed?

• Is there a family history of EBSA?
• Are there any issues with the child’s friends or other children in the school?
• Does the child feel safe at school?
• Are they struggling to access the work at school? Is it too hard?
• Do they struggle with the environment? Are they experiencing sensory overload from the noise, crowds etc.?
• Do they struggle with the social aspects of school?
• Is there a particular lesson or staff member that causes distress?
• Have you taken them to the GP/paediatrician to check there are no underlying health issues?
• Do they have any formal diagnoses?
• If your child has an EHC plan has EBSA been identified as a need on the plan and the resulting special educational provision put in place? If not, is it necessary to ask for an interim (early) review to take place?
• If there is no EHC plan, but the child receives SEN Support, does a review need to take place so that the pupil passport/IEP can be updated?
• Do the school or the parent feel an application for an EHC needs assessment may be necessary?
• Does your child want to return to school or are they asking for a different provision?
• Is there a transition plan for getting your child back into school?
• Have the school requested advice from professionals such as an educational psychologist or an advisory teacher from the LA?

 

During the meeting you may wish to ask these questions or raise these points …

• How is your child’s absence being recorded?
• Do the school recognise that the child has EBSA and are the school satisfied with the medical evidence provided by the parent?
• Discuss the potential underlying causes for the non-attendance and how this can be further explored.
• What current reasonable adjustments are in place?
• Have the school asked for advice from professionals such as an educational psychologist or an advisory teacher from the LA?
• Have the school made a Gateway Referral to Inclusions at the LA?
• Have the school considered/explored any Alternative Provision with Inclusions?
• Do the school have access to a counsellor or any therapy that the child can access?
• How has the part-time timetable been decided? What times and which lessons will the child attend?
• What is a realistic time frame to transition the child to a full-time timetable?
• Are the school willing to work with the child on a return to school support plan, detailing the support they can expect when they come back to school.
• Will the school co-produce and share a return to school plan so that the pupil, family and school are all involved in the process. If the student is finding the idea of returning to school particularly difficult, could the plan focus on smaller steps – like meeting a friend from school or completing a piece of work – to begin the process of returning to school
• How frequently will reviews of the part-time timetable take place, will parents be involved and how will the information be provided for the child so that they have advance warning of the arrangements?
• Is a risk assessment needed for the child e.g. if they are a flight risk?

 

During the meeting a support /re-integration plan is likely to be agreed. Make sure you are aware as to what actions have been agreed, who will carry them out and by what date. Ask for a copy of the support plan outlining the action points that have been agreed and clarify who your key contact will be at the school so that information can be shared easily.

If your child was not present at the discussion, agree who will update them on the plan.

If your child is unhappy with the plan make sure you know which member of staff you can contact so that a discussion can be had about possible changes that can be made to accommodate the views of the child.

 

After the meeting…

The agreed support or re-integration plan should now be actioned and monitored.

There should be regular reviews with parent/carer and child to ensure progress is being made or to look at other options if there are still barriers.

 

Escalation by LA : fixed penalty notice / prosecution where EBSA is involved

If, despite the best efforts of you and the school, there has been little progress, you could ask the attendance team for guidance.

If the possibility of a fixed penalty notice or prosecution is raised, especially if your child has SEND, you might suggest that in these circumstances it would be premature and inappropriate as it is not useful for your child and will not change the behaviour of the parent/carer. Instead, you could suggest that if non-attendance is related to anxiety and SEND in the form of EBSA, rather than deliberate truancy, the focus needs to be on more intensive multi-agency involvement to identify and make provision for your child’s needs.

If you as a parent/carer have provided regular and ongoing communication about the nonattendance, the attendance team will take this into consideration more favourably as they have a narrative as to what is going on at home. The attendance team will also help to work through ideas/strategies/suggestions, and aren’t there just to fine.  Any legal enforcement action is always one of last resort.

This is why regular communication with the school as a parent regarding all absences is so important. As a parent/carer you should continue to communicate each incidence of absence/lateness with the school (and the LA if you wish), ideally by email so that you have detailed evidence should you need it in the future. Please also keep the school informed of any emerging SEND needs, supply any new medical reports and inform the school of any changes to your child’s medication.

The Department for Education’s 'Working together to improve school attendance Statutory guidance for maintained schools, academies, independent schools and local authorities August 2024’ gives guidance on absence and the expectations on schools in working together to address in-school barriers to attendance.

Please click on this link to access the document:

https://assets.publishing.service.gov.uk/media/66bf300da44f1c4c23e5bd1b/Working_together_to_improve_school_attendance_-_August_2024.pdf

 

The document outlines the expectation of attendance for students:

Page 23:

54. Many children will experience normal but difficult emotions that make them nervous about attending school, such as worries about friendships, schoolwork, examinations or variable moods. It is important to note that these pupils are still expected to attend school regularly - in many instances, attendance at school may serve to help with the underlying issue as being away from school might exacerbate it, and a prolonged period of absence may heighten anxious feelings about attending in future.

 

The document also outlines the need for schools to monitor attendance of students with long term illnesses and/or SEND.... 

Page 25:

64. Schools should ensure data is regularly monitored for pupils with long term illnesses and or special educational needs or disabilities including at board and governing body meetings and in Targeting Support Meetings with the local authority so that additional support from other partners is accessed where necessary.

 

Escalation options:

In terms of escalation to legal intervention the guidance states….

Page 25:

63. Where parents do not engage in support, schools should work with the local authority or other local partners to formalise that support and as a last resort, enforce attendance through legal intervention.

 

Page 47:

137. Schools, trusts and local authorities are expected to work together and make use of the full range of legal interventions rather than relying solely on penalty notices or prosecution. It is for individual schools and local authorities to decide whether to use them in an individual case after considering the individual circumstances of a family.

 

The potential interventions include:

Attendance contracts: 

An attendance contract is a non legally binding formal written agreement between a parent and the school or LA (depending on type of provision)  to address attendance issues.

It provides more formal support when a voluntary early help plan has failed or been deemed inappropriate. It offers an alternative to prosecution.

A parent cannot be forced to enter into an attendance contract and there is no obligation for an LA or school to offer one, although they should always be considered before further escalation.  

 

Education supervision orders (ESO):

This can be used as an alternative to a voluntary early help plan or an attendance contract in order to provide formal legal intervention without criminal prosecution.

It is used when voluntary support options have been exhausted and it is decided that it would be in the interest of the parent and child. 

Under the Education Supervision Order, a supervisor will be appointed for the child who will advise, assist, befriend and give directions to the child and their parents to ensure that they are properly educated. 

The LA must fully consider an ESO before escalating to prosecution.

 

Parenting orders:

The court can impose a parenting order following a successful prosecution for irregular attendance alongside a fine and/or community order. 

A parenting order can be put in place without the parent's agreement and requires a parent to comply with the arrangements specified in the order by the court which can include a requirement for parents to attend counselling or guidance sessions (e.g. parenting education or parenting support classes) where they will receive help and support to enable them to improve their child’s attendance for up to 3 months. 

Non compliance with a parenting order can result in a fine up to £1000.

 

Notices to improve:

A Notice to Improve is a final opportunity for a parent to engage in support and improve attendance before a penalty notice is issued. 

This may be considered when the national threshold (maximum number of absences allowed) has been met and support is appropriate but offers of support have not been engaged with by the parent or have not worked.

A Notice to Improve should usually be sent to give parents a final chance to engage in support, however this is at the discretion of the authorised officer and may not be considered in cases where it is unlikely to change parental behaviour.

 

Penalty notices:

A penalty notice is an out of court settlement which is intended to change behaviour without the need for criminal prosecution. Penalty notices are issued to parents as an alternative to prosecution where they have failed to ensure that their child of compulsory school age regularly attends the school where they are registered or, in certain cases, at a place where alternative provision is provided.

A penalty notice can be issued to each parent liable for the offence or offences. They should usually only be issued to the parent or parents who have allowed the absence (regardless of which parent has applied for a leave of absence).

There is no right of appeal by parents against a penalty notice.

All state funded schools must consider whether a penalty notice for absence is appropriate where one of their pupils reaches the national threshold for considering a penalty notice. When a school becomes aware that the threshold has been met, they are expected to decide whether to issue a penalty notice on an individual case basis and refer to specific considerations.

The national threshold is 10 sessions of unauthorised absence in a rolling period of 10 school weeks.

A school week means any week in which there is at least one school session.

This can be met with any combination of unauthorised absence (e.g. 4 sessions of holiday taken in term time plus 6 sessions of arriving late after the register closes all within 10 school weeks).

These sessions can be consecutive (e.g. 10 sessions of holiday in one week) or not (e.g. 6 sessions of unauthorised absence taken in 1 week and 1 per week for the next 4 weeks).

The period of 10 school weeks can also span different terms or school years (e.g. 2 sessions of unauthorised absence in the Summer Term and a further 8 within the Autumn Term). 

 If in an individual case the local authority (or other authorised officer) believes a penalty notice would be appropriate, they retain the discretion to issue one before the threshold is met, for example if a pattern is identified in which there are repeated absences for family birthdays.

A maximum of 2 penalty notices per parent can be issued in respect of the same child within a 3 year rolling period and the second penalty is charged at a higher rate. 

 

Escalation in cases of repeat offences: 

In a case where the national threshold is met for a third time within those 3 years, alternative action should be taken instead. This may include a consideration of prosecution, but may include one of the other attendance legal interventions.

Prosecution in a Magistrates’ Court would be via a Single Justice Procedure Notice or by summons for a parent to appear at a Magistrate Court. At this point it would be crucial for a parent to seek legal advice. 

 

Where to find legal advice and support:

Should your child’s absence continue to be recorded as unauthorised and if you receive a letter/formal notice referring to one of the escalation options mentioned above it would be prudent to seek legal advice immediately. 

 

You may be eligible for legal aid. You can check your eligibility via the following link:

 https://www.gov.uk/check-legal-aid

 

 

If you require free and independent legal advice or support on an educational matter related to SEND issues, IPSEA have several services including helplines and an advice line that you may wish to contact. Please click on the following link for more information on how to access them:

https://www.ipsea.org.uk/Pages/Category/service-overview

 

Child Law Advice is a UK children's legal charity and part of the Coram Group.  They provide education law advice to parents, carers and young people in England.  There is free-to-access content on their website and they also offer initial legal advice via email, webchat and telephone.

Website:  Child Law advice

Telephone service:    0300 330 5485   Monday to Friday 10am-4pm

 

 

 

SEMH (social, emotional and mental health) support

In terms of SEMH support available for your child please find contact information on relevant services below:

 

Mental Health Direct :

Crisis Line for children and young people of any age in Havering 

 

 

 

Multi-Agency Safeguarding Hub (MASH):

The MASH Team are the front door service for dealing with Early Help and Universal Support (this is support that anyone can access) and they also deal with child protection concerns. They can discuss any concerns you have and ascertain what support you may need.

Information on Early Help can be found on the NSPCC website on the link: https://learning.nspcc.org.uk/safeguarding-child-protection/early-help-and-early-intervention

Further information on the MASH Team and how to report a concern can be found via the link: https://www.havering.gov.uk/info/20083/safeguarding_children/412/report_a_concern_with_a_child

 

 

The Child and Adolescent Mental Health Services (CAMHS):

Havering’s local Child and Adolescent Mental Health Services is also known as CAMHS for short. You can access these services directly without needing to see your doctor, or you may wish to speak to your doctor first, who can then put you in touch with the right service for you.

For information on the Havering CAMHS service please click on the following link: Havering: Age 11-18 | NELFT NHS Foundation Trust

To access a general guide to CAMHS from the national organisation Young Minds please click on the following link: https://www.youngminds.org.uk/parent/parents-a-z-mental-health-guide/parents-guide-to-camhs/

Please use the contact details below:

 

 

Kooth:

This is an online service that gives children and young people, aged 11-19 years in north-east London, immediate access to a community of peers and a team of experienced, accredited counsellors. Access is free of the typical barriers to support – no waiting times, no referrals, no thresholds to meet and complete anonymity. The service is open for support 365 days per year, between 12pm-10pm on weekdays, and 6pm-10pm on weekends and holidays.

 

 

Samaritans:

This organisation provides support for anyone (including those under 18 years) who are having a difficult time.

 

 

Young Minds:

This organisation is a mental health charity for children, young people and their parents. They help children and young people get the mental health support they need, when they need it.

 

 

 

The Mix UK (25yrs and under):

Free help and support for children and young people.

 

 

Havering Educational Psychology Parental Helpline:

This helpline provides a reflection space for parents/carers to explore and problem-solve issues about their child with an EP. All helpline sessions are on a Thursday morning during term time. They need to be booked in advance, and a time slot will be allocated on a first-come-first-served basis. Calls can last up to 40 minutes.

 

 

Havering, Barking & Dagenham Mind : Parent Support Group

The Parent Support Group in Havering, Barking and Dagenham is a regular 6 week online programme for parents and carers of young people aged 11 – 25 years struggling with their mental health. They help parents and carers to empower each other through information and support. Parents can self-refer.

External resources

 

Bitesize CPD : EBSA/ school anxiety starting the day right

Reasonable adjustments possible at school : Autistic Girls' Network

EBSA: key points every parent should know : EdPsychEd