For many parents navigating school attendance challenges—especially when their child has SEND (Special Educational Needs and Disabilities) or mental health issues—receiving a school fine can feel like a crushing blow. But did you know that there are legal protections in place that might apply to your situation?
One of the most important is Section 444 of the Education Act 1996.
What Is Section 444?
Section 444 of the Education Act 1996 is the UK law that outlines a parent’s duty to ensure their child attends school “regularly.” However, it also makes clear that there are defences available to parents who have a valid reason for non-attendance.
Under Section 444(1), it is an offence if a parent fails to ensure their child attends regularly. However, Section 444(3) provides a defence if:
- The parent proves the child was absent with reasonable justification
- The child was prevented from attending by illness or unavoidable cause
Mental Health and SEND as Defences
Importantly, these defences can include:
- Mental health struggles
- Autism, PDA, ADHD, and other diagnoses
- Emotional-Based School Avoidance (EBSA)
You do not always need a medical letter to prove this. The Department for Education has updated its guidance to say that evidence should be flexible and proportionate. A parent’s word—especially if supported by a wider context of EHCP, CAMHS referrals, or professional concerns—can be enough.
What Schools and Local Authorities Get Wrong
Many schools incorrectly claim that absences must be marked as unauthorised unless a GP provides a letter. But this is not what the law says.
In fact, the DfE guidance is clear: schools should not demand evidence that would be difficult for a parent to obtain, especially when mental health services like CAMHS are overwhelmed.
What You Can Do
If you’ve been issued a fine:
- Check how your child’s absence has been recorded.
- Request copies of school attendance records.
- Write to the school and LA with your reasons and reference Section 444.
- Use our free template letter on the AskEllie Letter Templates page.
You may have a valid legal defence.
Final Thought
No parent should be punished for protecting a child’s mental health. Section 444 of the Education Act 1996 is there to protect you — but many families don’t even know it exists.
If you’re facing fines, threats of legal action, or judgment from professionals, please remember: you are not alone, and you may have legal protections.
Head to www.askellie.co.uk for free, clear guidance — and to try Ellie, your AI assistant trained on UK SEND law.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For individual cases, consult a qualified legal adviser.
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