Student attendance and Covid: A legal view

The government has decided that attendance at school this term is to be mandatory, unless otherwise agreed. However, with lots of anticipation and trepidation surrounding the return to school, this could put headteachers in an awkward position.

The Department for Education’s advice to parents about the return to school (DfE, 2020a) states: “School attendance will be mandatory from the beginning of the new academic year. This means that it is your legal duty as a parent to send your child (if they are of compulsory school age) to school regularly.”

Futhermore, a Covid-19 specific addendum to the DfE’s existing attendance guidance (DfE, 2020b) reminds schools: “From the start of the autumn term 2020 pupil attendance will be mandatory and the usual rules on attendance will apply, including: parents’ duty to ensure that their child of compulsory school age attends regularly at the school where the child is a registered pupil; schools’ responsibilities to record attendance and follow up absence; the ability to issue sanctions, including fixed penalty notices, in line with local authorities’ codes of conduct.”