Many families feel anxious when conversations about attendance begin, particularly where absence is linked to anxiety, SEND, or emotional wellbeing. Where a child is experiencing anxiety, Emotionally Based School Avoidance, emotional distress, sensory overwhelm, or mental health difficulties, it is essential to understand what the law requires schools and local authorities to do before any discussion of fines or enforcement.

These duties are legal obligations. Understanding them helps families advocate confidently and prevents responsibility being shifted onto parents where statutory duties have not been met.

SEND Code of Practice 2015

Schools must:

• Identify and address barriers to learning
• Follow the graduated approach – Assess → Plan → Do → Review
• Put support in place before considering attendance enforcement
• Provide SEN Support without waiting for a diagnosis

EBSA, anxiety, sensory overload, and distress are recognised barriers to learning and must trigger support, not pressure.

Legal Extract:
The Code requires schools to “use their best endeavours to secure the special educational provision called for by the pupil’s needs” (6.2), “remove barriers to learning” (6.2), and follow a “graduated approach: assess, plan, do, review” (6.44). It also makes clear that support should be considered before attendance enforcement (6.43).

What This Means for Parents
If your child is struggling to attend due to anxiety, EBSA, or sensory distress, the school should first explore support and adjustments before discussing fines or legal action.

You Can Say:
“Under the SEND Code of Practice 2015, schools are required to follow the graduated approach and put SEN support in place before considering attendance enforcement.”

Equality Act 2010 – Reasonable Adjustments

Schools must:

• Avoid unfavourable treatment arising from disability
• Make reasonable adjustments
• Anticipate the needs of disabled pupils

Penalising a child for disability-related absence without adjustments can breach the Act.

Legal Extract:
Section 20 requires schools to take “reasonable steps to avoid disadvantage.”
Section 15 prohibits unfavourable treatment “because of something arising in consequence of disability.”

Parent Tip
If absence is linked to disability, anxiety, or autistic distress, you can ask what reasonable adjustments have been considered before absence is marked unauthorised.

You Can Say:
“Under the Equality Act 2010, schools must make reasonable adjustments and avoid unfavourable treatment arising from disability.”

Children and Families Act 2014 – Best Endeavours Duty

Schools must:

• Use their best endeavours to secure special educational provision
• Work in partnership with parents
• Ensure provision meets the child’s needs, not administrative convenience

If a child cannot attend because their needs are unmet, the school has not met its duty.

Legal Extract:
Section 66 requires schools to “use their best endeavours to secure that the special educational provision called for by the pupil’s special educational needs is made.”

What This Means for Parents

If your child is struggling to attend because their needs are not being met, the responsibility does not automatically fall on the parent. Schools have a legal duty to take reasonable steps to secure the provision your child requires. Attendance difficulties linked to unmet needs should trigger support, not blame.

How You Can Reference This

You may wish to write:

“Under Section 66 of the Children and Families Act 2014, schools are required to use their best endeavours to secure the special educational provision my child needs. I would like to understand what provision has been put in place and what further support can be considered.”

Education Act 1996, Section 444 – Prosecution Rules

Where enforcement or prosecution is mentioned, it is important to understand the legal protections available to parents.

Parents are not liable if absence is due to:

• Illness
• Circumstances beyond parental control

EBSA, emotional distress, and mental health needs fall within this protection where the child is unable, rather than unwilling, to attend.

Legal Extract:
A parent is not guilty if the child “was prevented from attending by reason of sickness or any unavoidable cause.”

Department for Education Guidance

Working Together to Improve School Attendance (2022)

Schools should:

• Work with families to understand barriers
• Avoid escalation where SEND or mental health needs are present
• Ensure support is in place before legal intervention

Mental Health and Behaviour in Schools (2018)

Guidance recognises that persistent absence may signal underlying mental health needs and expectations should be adjusted accordingly.

Keeping Children Safe in Education

Schools must ensure children feel safe and supported. If a child does not feel safe, enforcement is inappropriate.

Working Together to Safeguard Children

Professionals must listen to the child’s lived experience and recognise emotional harm.

If Attendance Is Becoming a Concern – Parent Checklist

• Have SEN Support or adjustments been discussed?
• Has the school followed Assess → Plan → Do → Review?
• Are absences being coded accurately?
• Have safeguarding or emotional wellbeing concerns been raised?
• Has Section 19 been considered if absence is prolonged?
• Is communication in writing?

These steps help ensure that support is explored and legal duties are met before responsibility is placed on families.