School attendance has become one of the most misunderstood and mismanaged issues facing families today. Thousands of parents are threatened with fines, prosecution, and referrals to outside agencies when their children are struggling to attend school due to anxiety, sensory overload, unmet SEND needs, or emotional distress.
But here is the truth:
A child who cannot attend school is showing distress, not defiance.
And under UK law, the responsibility to identify and remove those barriers falls on the school and the Local Authority — not the parent.
Whether your child is autistic, has ADHD, experiences EBSA (Emotionally Based School Avoidance), or simply cannot cope with the school environment, this guide explains your rights and the legal duties schools often fail to mention.
1. Attendance Problems Are Often Needs-Based, Not Behavioural
When a child refuses school, freezes at the gate, cries before bed, becomes distressed in the morning, or melts down at home after holding it together all day, this is called a barrier to attendance.
Barriers include:
– Anxiety
– Masking fatigue
– Sensory overwhelm
– Bullying
– Trauma from previous school experiences
– Unmet SEND needs
– Lack of a trusted adult
– Classroom noise, crowds, transitions
These are emotional and neurological responses, not “poor behaviour” and not parenting failures.
The SEND Code of Practice is clear: schools have a legal duty to identify the underlying need, not punish the symptoms.
2. Schools Must Provide Support Before Issuing Fines or Threats
It is unlawful for schools or Local Authorities to skip straight to fines when a child is struggling to attend.
Before any penalty is issued, schools must show evidence that they have:
– Investigated the cause of the non-attendance
– Made reasonable adjustments
– Adapted the timetable if needed
– Offered a calm space or quiet room
– Put a key adult or mentor in place
– Reviewed SEN support
– Updated the child’s learning plan
– Worked with the family collaboratively
– Referred to appropriate services where required
If they haven’t done these things, then a fine is not lawful.
3. You Cannot Be Prosecuted for SEN-Related Non-Attendance
The law is very clear:
If attendance issues are caused by unmet needs or anxiety, the Local Authority cannot lawfully prosecute the parent.
Why?
Because the Education Act 1996 makes it clear that prosecution requires proof that the parent failed to secure attendance “without reasonable justification.”
A child experiencing anxiety, sensory dysregulation, or emotional distress is reasonable justification.
Courts have repeatedly recognised this.
4. You Have the Legal Right to Apply for an EHCP Yourself
If attendance is breaking down or your child is unable to cope, you do not need school permission to apply for an EHCP.
Parents have the legal right to submit an EHCP request directly to the LA.
This is one of the strongest reasons to request an assessment — because poor attendance is often a symptom of unmet needs.
Evidence can include:
– Meltdowns at home
– Shutdowns
– Panic attacks
– Difficulty sleeping
– Masking exhaustion
– Refusal caused by fear or overwhelm
– Medical or psychological advice
– Impact on family life
An EHCP can secure long-term support, a safer environment, or even a change of setting if required.
5. The LA Must Provide Education if a Child Cannot Attend
If your child cannot attend school for medical, emotional, or SEND-related reasons, Section 19 of the Education Act requires the Local Authority to provide suitable education.
This may include:
– Home tuition
– Online learning
– Alternative provision
– Short-term therapeutic support
– One-to-one teaching
This duty applies even without an EHCP.
If the LA isn’t offering provision, they’re breaking the law.
6. Absences Linked to SEN Should Be Authorised
Schools can — and must — authorise absences when a child’s struggles are linked to their special educational needs or mental health.
The DfE guidance states that absence related to anxiety, medical needs, or SEN should be coded as:
– “I” (illness)
– “C” (other authorised circumstances)
– “E” (exclusion)
– “M” (appointments)
Schools often claim they “can’t” authorise these absences.
Legally, they can.
And often they must.
7. You Are Not Alone — And You Are Not the Problem
The biggest lie parents are told is that non-attendance is a parenting issue.
But children do not refuse education without a reason.
They communicate distress in the only way they can.
Attendance problems are almost always needs-based.
The law recognises this.
Your rights protect you.
And no parent should ever be made to feel like a criminal for advocating for their child.
If You Need Help
If your child is:
– Struggling to attend
– Masking and burning out
– Facing fines or threats
– Experiencing EBSA
– Being blamed instead of supported
– Or you need help wording letters to school or the LA
Visit AskEllie.co.uk for clear guidance, templates, and support.
You are not alone, and you have more rights than the system ever tells you.
Leave a Reply