Did You Know Anxiety Can Legally Be Authorised Absence? What Every Parent Needs to Know in 2025

Across the UK, thousands of parents are being told the same thing by their child’s school:

“We can’t authorise absence for anxiety.”
“We can’t accept mental health as a reason.”
“We can’t authorise it without CAMHS or a diagnosis.”
“We can’t authorise it even with a GP note.”

But here’s the truth:

None of this appears in the law.
None of this appears in the DfE guidance.
And none of this is accurate.

Parents deserve clarity — not misinformation.
So here’s exactly what the law says, what anxiety-related absence really means, and what your rights are if your child can’t attend school because of emotional distress or SEND needs.


1. Anxiety Is a Legitimate Reason for Authorised Absence

The Department for Education states clearly:

  • Schools must consider mental and emotional health when deciding whether to authorise absence.
  • Absence can be authorised for physical or mental illness.
  • Anxiety, emotional dysregulation, or school-based trauma are valid reasons for a child to stay home.

There is no rule that says a child must be physically unwell for an absence to be authorised.


2. Your Child Does NOT Need a Diagnosis

This is one of the most misused lines schools feed to parents:

“We can only authorise this if your child has a diagnosis or CAMHS involvement.”

Completely false.

Under the SEND Code of Practice:

Support is based on need, not diagnostic labels.

A child who is melting down, shutting down, masking to collapse, or in emotional crisis does not need to “prove” their anxiety with paperwork before being protected.


3. GP Letters Do Count — Even If They’re Based on Parent Report

Schools often suggest GP letters are meaningless if the doctor hasn’t “witnessed” the anxiety.

But legally:

  • GPs are allowed to write supporting evidence based on clinical judgement
  • That includes what parents describe, observations, history, and context
  • Schools cannot dismiss medical evidence simply because they disagree with it

The DfE does not state that GP notes require a mental health diagnosis.


4. Anxiety Linked to SEND Is NOT “Non-Attendance” — It’s a SEND Need

Many children with SEND experience anxiety that directly affects attendance:

  • Autism
  • ADHD
  • PDA
  • Dyslexia or processing difficulties
  • Sensory overwhelm
  • Social anxiety
  • School trauma

When anxiety arises from unmet needs, it becomes:

A SEND issue, not an attendance issue.

Which means:

  • Unauthorised absences are inappropriate
  • Punishments and sanctions may breach the Equality Act
  • Schools must make reasonable adjustments
  • Pressure to attend can worsen symptoms

Anxiety is a barrier to learning, not defiance.


5. If Anxiety Prevents Attendance, the Local Authority MUST Step In (Section 19)

If a child is too anxious to attend school — especially over 15 days, consecutive or cumulative — the Local Authority becomes responsible for providing:

  • Online education
  • Home tuition
  • Hybrid arrangements
  • Specialist provision
  • Alternative learning packages

Schools often claim they “can’t offer anything unless the child attends”.

But Section 19 says otherwise:

If a child cannot attend school for medical or mental health reasons, the LA must secure suitable education — full stop.

This is one of the most important rights parents need to know.


6. Schools DO Have the Power to Authorise Anxiety-Related Absence

There’s a common myth that schools are “not allowed” to use certain codes.

In reality, schools have full discretion to authorise absence when the reason involves:

  • Emotional distress
  • Anxiety
  • SEN-related difficulties
  • Mental health concerns
  • School-based triggers

Schools use this discretion daily for term-time holidays, family emergencies, funerals, and illness.

They can use it for anxiety — they just often don’t want to.


7. Why Schools Resist Authorising Anxiety

This part isn’t in the legislation, but it is the reality.

Some schools worry about:

  • Their attendance figures
  • Their Ofsted rating
  • Their pressure from the Local Authority
  • The narrative that “anxiety isn’t a reason to stay home”

But none of these pressures override a child’s wellbeing or legal protections.

A child’s mental health is not a PR problem.
It is a safeguarding responsibility.


8. What Parents Can Do If Schools Refuse

Here are your next steps:

1. Ask the school to put their refusal in writing.

Often they won’t — because they know it’s incorrect.

2. Provide a GP note or supporting evidence.

Even a short note explaining anxiety impact is valid.

3. Request a meeting under the SEND Code to discuss reasonable adjustments.

4. Request an EHCP assessment if anxiety affects attendance long-term.

5. Contact the Local Authority if your child cannot attend — Section 19 duties apply.

You do not have to accept an unauthorised mark if the absence is rooted in emotional or mental health.


Final Thought

Anxiety is not misbehaviour.
It is not defiance.
It is not a parent failing to “push hard enough.”

For many children — especially those with SEND — anxiety is a real, debilitating barrier to school attendance.
And the law recognises that.

So when a school says:

“We can’t authorise absence for anxiety.”

Remember:

Yes, they can.
Yes, they should.
And legally, they must consider your child’s emotional wellbeing.

If you want a downloadable attendance rights guide, a template for challenging unauthorised marks, or a breakdown of Section 19 duties, I can create that next.

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