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<p>Legislation and the government’s ‘Working together to improve school attendance’
guidance state that a penalty notice can only be issued when the absence constitutes
an offence under section 444 of the Education Act 1997. Where a pupil cannot attend
due to illness, this is not an offence and so legal enforcement action cannot be taken.
This position will not change when the new rules for penalty notices come into force
on 19 August 2024. The full guidance can be found here: <a href="https://assets.publishing.service.gov.uk/media/65f1b048133c22b8eecd38f7/Working_together_to_improve_school_attendance__applies_from_19_August_2024_.pdf"
target="_blank">https://assets.publishing.service.gov.uk/media/65f1b048133c22b8eecd38f7/Working_together_to_improve_school_attendance__applies_from_19_August_2024_.pdf</a>.</p><p>More
generally, the department expects schools and local authorities to take a ‘support
first’ approach to improving attendance, only using penalty notices for absence that
is classed as unauthorised and when support has already been provided and not worked
or been engaged with, or in the case of holidays taken in term-time, is not appropriate.
The vast majority of penalty notices for unauthorised absence (89% in the 2022/2023
academic year) are issued for term time holidays.</p><p>Whatever the cause of absence
from school, school staff should work with families and pupils to understand the barriers
to attendance and provide support where possible. This might include providing pastoral
support or making reasonable adjustments where a pupil has a disability. In the case
of prolonged illness, as soon as it is clear that a child will be away from school
for 15 school days or more because of their health needs, the local authority should
arrange suitable alternative provision. It is important that all pupils’ right to
a full-time education is protected, whilst acknowledging that some pupils require
more support than others.</p><p>The department is providing a series of training events
and webinars throughout the summer term for schools and local authorities to ensure
that the new rules regarding penalty notices are understood and implemented in line
with the ‘support first’ approach.</p>
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