Information for Schools on Unauthorised Leave of Absence

Missing Education and Child Employment Service (formerly Education Welfare Service)

Information for schools on unauthorised leave of absence

February 2016 (updated April 2016)

The Missing Education and Child Employment Service is committed to the principle that all children have the right to a suitable education and that regular school attendance is vital to enable young people to achieve their ambitions through education, training and life-long learning. This document provides up to date information and guidance to schools regarding unauthorised leave of absence.

The Education (Pupil Registration) Regulations 2006 were updated and amended in 2013 (via The Education (Pupil Registration) (England) (Amendment) Regulations 2013) and make clear that Head Teachers should not grant any leave of absence during term time unless there are exceptional circumstances. It is important that each case is considered individually and justification for decisions recorded and available should Ofsted request sight.

During October 2014 the National Association of Head Teachers (NAHT) issued guidance which schools may find useful: NAHT Guidance for Head Teachers

The Ministry of Defence has also printed guidance relating to service personnel:

Ministry of Defence Advice to Head Teachers

1.0 Policies and procedures

It is vital that schools ensure parent/carers are aware of the national policy on term-time holidays, the school procedures and the possibility of a penalty notice being issued which could lead to prosecution for non-attendance if they fail to pay. To ensure parents are fully aware of the restrictions around term-time leave and the possible legal implications, schools should:

·  School rules must be clear within all literature and communications i.e. that a child is expected to attend school on every day available to him/her

·  Develop policies and procedures that are easy to understand and are communicated to parent/carers

·  Ensure that information on the policy on term-time holidays and local procedures are included in school literature; school prospectus, home-school agreements, leave of absence request forms, newsletters and web sites

·  Ensure all communication with parent/carers clearly defines the possibility of a penalty notice being issued

·  Communicate their decision in writing to each parent/carer via Royal Mail

·  Keep a written record of every decision and justification

It is good practice for schools to work with other local schools to develop a consistent approach of what they deem to be exceptional circumstances.

2.0 Parents who apply for a leave of absence

The application form must clearly warn the applicant of the possibility of a penalty notice being issued should the absence not be authorised. The Missing Education and Child Employment Service have devised a template letter which schools may wish to utilise ‘Example application form for parental request for leave of absence’, available via Essex School Infolink Unauthorised leave of absence page. The application should be made by the parent with whom the child resides. Once a decision is made as to whether or not to authorise the absence, a letter should be sent, clearly stating whether the absence will be authorised or not. If the absence is not going to be authorised, the letter must warn of the possibility of a penalty notice - see ‘Example letter from Headteacher unauthorising leave of absence’, available via Essex School Infolink Unauthorised leave of absence page.

It is important that all communication is sent under separate cover to each parent/carer via first class Royal Mail. The reason for this is, should a penalty notice be issued and not paid, if a prosecution is to be sought, the courts require the Local Authority to prove parental awareness of the holiday not being authorised and the possibility of a penalty notice being issued. In the eyes of the law, letters sent via first class Royal Mail are accepted as proof of good service.

If the parent/carer provides a rationale, the school should write again, clearly confirming whether or not the absence is authorised. If the absence remains unauthorised, a warning must be given that a penalty notice may be issued.

3.0 Parents who keep a child away for longer than was agreed

If a parent/carer keeps a child away for longer than was agreed, any extra time is recorded as unauthorised and a letter sent to each parent/carer advising such, see ‘Example letter from Headteacher unauthorising extended leave’, available via Essex School Infolink Unauthorised leave of absence page. Again, it is important that all communication is sent under separate cover to each parent/carer via first class Royal Mail so that good service can be proven (as outlined in section 2.0).

If the parent/carer provides a rationale, the school should write again, clearly confirming whether or not the absence is authorised. If the absence remains unauthorised, a warning must be given that a penalty notice may be issued.

4.0 Pupils who fail to return to school within ten school days

If a pupil fails to return to school within ten school days immediately following the date they were due to return, the school should follow the Children Missing from Education procedures.

5.0 Parents who do not apply for leave of absence

If a parent/carer does not apply for leave of absence in advance of taking it, the absence should be recorded as unauthorised. If the school wish to pursue the matter and request a penalty notice to be issued, a letter must be sent advising the holiday will not be authorised and warning of the possibility of a penalty notice, see ‘Example letter from Headteacher advising believe absence is for a holiday’, available via Essex School Infolink Unauthorised leave of absence page. Again, it is important that all communication is sent under separate cover to each parent/carer via first class Royal Mail so that good service can be proven (as outlined in section 2.0.

If the parent/carer provides a rationale, the school should write again, clearly confirming whether or not the absence is authorised. If the absence remains unauthorised, a warning must be given that a penalty notice may be issued.

6.0 Welfare concerns

In a small number of cases schools could have concerns about a pupil’s welfare, such as that the pupil will be forced into marriage whilst abroad or other child protection issues. In such cases, the school should follow their own safeguarding policies and, if appropriate, seek advice from the Local Authority.

7.0 Penalty Notices

Whilst Head Teachers are discouraged from authorising leave of absence requests, the decision whether or not to apply for a penalty notice is entirely at their discretion, there is no automatic requirement. If a school does decide to follow that course of action and the criteria within the current Essex Code of Conduct is met, the application for the penalty notice is to be sent to the Local Authority within 2 school weeks after the pupil’s return to school following the unauthorised absence - applications received after this date will not be processed.

There is now an online system for requesting penalty notices for unauthorised leave of absence which may be accessed via this link: Requests for unauthorised leave of absence penalty notices

Whilst responsibility for authorising requests for leave of absence lies with the school, it is the Local Authority who will make the decision on whether to issue a penalty notice based on the evidence supplied by the school. Should an application not be accepted, the school will be advised of this decision.

8.0 Contact details and further information

Further information and relevant links may be found on the Essex Schools Infolink by following this link: . Missing Education and Child Employment Service

Schools also have the option of contacting the Duty Line in their quadrant for all attendance related matters:

Mid / North East
Address / Missing Education and Child Employment Service,
Causeway House,
Bocking End,
Braintree,
Essex CM7 9HB / Missing Education and Child Employment Service,
Magnet House,
Jackson Road,
Clacton on Sea
Essex CO15 1JD
Email / ME& / ME&
Tele / 0333 013 9944 / 0333 013 9983
South / West
Address / Missing Education and Child Employment Service,
Ely House,
Churchill Avenue,
Basildon,
Essex SS14 2BQ / Missing Education and Child Employment Service,
Goodman House,
Station Approach,
Harlow,
Essex CM20 2ET
Email / ME& / ME&
Tele / 0333 013 9845 / 0333 013 9910

9.0 Further reading

Further information on related legislation and regulations are available by following these links:

·  The Education Act 1996

·  The Education (Pupil Registration) (England) Regulations 2006

·  The Education (Pupil Registration) (England) (Amendment) Regulations 2010:

·  The Education (Pupil Registration) (England) (Amendment) Regulations 2011

·  The Education (Pupil Registration) (England) (Amendment) Regulations 2013)

·  The Education Act 2002

·  Crime and Disorder Act 1998

·  The Anti-social Behaviour Act 2003

·  The Education Act 2005

·  The Education and Inspections Act 2006

·  The Education (Penalty Notices) (England) Regulations 2007

·  The Education and Skills Act 2008

·  The Education (Penalty Notices) (England) (Amendment) Regulations 2012

·  DfE Behaviour and Attendance

Val Pryor

Assistant Manager, Missing Education and Child Employment Service

Report broken link

February 2016