Management Information Sheet

School Attendance and Child Missing Education Regulations

There has been a heightened interest by the Department for Education at both school and Local Authority level regarding a number of issues:

  • Children who have been removed inappropriately from a school roll, including those who fail to arrive on the day expected
  • the significant number of Norfolk schools that appear to have failed to put day 6 provision (or day 1 for LAC) in place for pupils who have had a fixed term exclusion in place
  • re-integration of a pupil or pupils on reduced timetables

    The Department for Education is undertaking individual pupil analysis which includes how registers are being marked and linking safeguarding in schools to all of these issues.

    Removal from roll
    Recent analysis of our Local Authority data has shown that there have been instances where schools have failed to follow the Education (Pupil Registration) Regulations 2006 statutory requirements in relation to a pupil who fails to attend on the first day expected and the removal of a name from the school roll. Some schools have been reverting to pre 2006 regulations when the practice was for a pupil who did not attend for the school to remove their name from the roll.

    Current statutory regulations require when a pupil is expected to join the school they must go on the school attendance register from that date. If they do not turn up to attend the school they must be marked as an unauthorised absence. Schools should follow their usual absence procedure and if after one week no contact has been made the school should contact the Admissions Department to find out if the child had been registered elsewhere. If the child is still absent after two weeks the school should complete a referral to the area attendance staff who will follow the procedures for 'missing pupils'.

    There were also found to be inconsistencies in procedures with schools not keeping information on why a pupils name has been removed from roll or where they have moved to.

    Some schools are failing to follow Child Missing Education (CME) procedures which includes when a pupil should be removed from roll, when a pupil fails to transfer at the start of the academic year or fails to transfer mid term.

    Details of the circumstances when a child's name can legally be removed from roll and the procedure schools should follow are given in the Norfolk Children Missing Education practices and procedures document which reflects the Education (Pupil Registration) Regulations 2006 statutory requirements. This document has been issued previously to schools via MI sheets MI 28/06; MI 183/07; MI 184/07; and MI 216/09. The document is attached again to this MI sheet. The role of the school starts on page 16 of the document.

    Day 6 provision (day 1 for a LAC)
    As you will know from September 2007 it became a requirement that any child given a fixed term exclusion for longer than 5 days is required to have full time provision arranged by the school from day 6 or in the case of a looked after child from day 1.

    Recent work has indicated that some schools may have continued to record the child as excluded in the attendance register as code "E" although provision is in place.

    I would like to remind schools of the importance of ensuring that access to provision is available before considering issuing a child with a fixed-term exclusion beyond 5 days.

    The development of local school attendance and behaviour partnerships may be helpful in looking at shared arrangements for this provision.

    Recent work has also shown that not all exclusions are being notified to the Attendance and Exclusions Team. It is important that this is carried out at the time of the exclusion and it would be helpful for those of 6 days or more to include a copy of the letter sent to the parent advising what and where the provision organised for their child is.

    The form for submitting the information to the Attendance and Exclusions Team is available here:
    http://schools.norfolk.gov.uk/page_73.cfm

    It is of interest to note that a recent Ombudsman Report (April 2010) found against the London Borough of Barnet for the failure of a school to provide full time education for a child excluded. In the findings of the case there are several matters of note including, although the school maintained it had provided homework the Ombudsman did not regard this as adequate or proper "tuition". As a consequence compensation was awarded to the child, as was the mother who was awarded sums for both distress and her "time and trouble".

    Re-integration/reduced timetables
    As you will be aware it is illegal for any pupil not to be able to access full time provision. However in exceptional circumstances a pupil may need to be on a reduced timetable for example to re-integrate them into school.

    In these circumstances it is crucial from the start that it is clear how long the reduced timetable is expected to be in place for, how much time will be in school, what is the review date, what is the build up to get the pupil back into full time provision?

    Schools may also need to consider what is in place for the pupil when they are not in school both in terms of education provision and how you know that the pupil is safe.

    Any pupil on a reduced timetable should be marked for the sessions they are expected to attend, absences on these days should be marked using the relevant code and followed up in the normal way. Sessions where the pupil is not expected into school must be marked as 'Other Authorised Circumstances' and coded "C".