Department for Education: Attendance Consultation

Our team is consistently working with the Department of Education and other educational institutions to develop better policy, support and effective processes in and around School attendance whilst also being fair to our children.

In February 2022, The Traveller Movement submitted a formal response to the Department for Education’s consultation on School Attendance: Improving Consistency of Support.

As a charity with a direct interest in school attendance, and with casework experience supporting families through attendance panels and legal proceedings, we used this response to highlight where the proposed changes fall short — and where Gypsy, Roma and Traveller families in particular are likely to be disproportionately affected.

Below is a summary of our response to each proposal.

Do you agree that all schools should be required to publish an attendance policy? As outlined in the proposal link above.

Strongly agree

If you wish to, please explain why in no more than 200 words:

In my experience most schools have a dedicated attendance policy, or include in a conduct framework. I believe making this change will not have a massive impact but I approve of the security it brings where schools are required to have such a policy.

Are the proposed principles to be covered in school policies (outlined in the proposal link above) sufficient to improve the consistency of attendance support that pupils and parents receive?

Somewhat sufficient

If you wish to, please explain why in no more than 200 words:

Support of pupils, rather than fines for the parents must be pushed harder. I sit on lots of attendance panels and have clients experiencing legal issues because of their child’s attendance. Improvement to CAMHS and other support service MUST be made and offered to secure young people in education. Fines do not work, they simply make life worse for families, especially where children have SEND or EMH needs.

Do you agree that minimum attendance management expectations should be set for academy trusts and governing bodies of maintained schools? As outlined in the proposal link above.

Strongly agree

If you wish to, please explain why in no more than 200 words:

This is done in practice well already. It would be more beneficial for the guidance to explain what happens when targets are not met, using a supportive and naturing approach to working with children and parents to approve attendance.

Are the proposed expectations for academy trusts and governing bodies of maintained schools (outlined in the proposal link above) sufficient to improve the consistency of attendance support and challenge schools receive?

Unsure

If you wish to, please explain why in no more than 200 words:

I think this is already being considered by governors and trusts. Whilst I don’t disagree with the section, the focus should be more on what happens on the ground with teachers and support staff able to provide extra support and guidance which is specific to a child’s background. Not all children have the same upbringing and therefore will require different support to be made available.

Do you agree that a minimum set of components for LA attendance services should be set? As outlined in the proposal link above.
Strongly agree

If you wish to, please explain why in no more than 200 words:

LA’s are failing in this matter, as well as plenty of other areas. There is currently little clarity, nor interest from local authorities on attendance matters, beyond issuing fines and SAO’s. Fines and SAO’s should always be a LAST resort. I have client after client whose lives have been disrupted unnecessarily because LA’s rush to issue proceedings. I have yet to see early help team actually provide help.

Are the proposed components for LA attendance services (outlined in the proposal link above) sufficient to improve the consistency of attendance support which pupils, parents and schools receive?

Somewhat sufficient

If you wish to, please explain why in no more than 200 words:

The proposals provided sound effective, however they are so far away from where LA attendance services are now, I am not convinced that guidance alone will see suitable improvement in these services. Schools, parents and children need effective support. This is simply not available in the vast majority of LA’s.

Do you agree that a national framework for the use of attendance legal intervention, including a new regulatory framework for issuing fixed penalty notices for absence should be set? As outlined in the proposal link above.

Strongly disagree

If you wish to, please explain why in no more than 200 words:

I disagree strongly with the current format of fixed penalty notices. I am not opposed to fines in the most severe cases where a LA can demonstrate that the parent has not made reasonable effort to provide education for their child. I am opposed to the ‘fixed’ aspect. Fixed penalties impact low-income families more than middle and high-income families. The reason family holidays are still an issue, is because higher income households don’t see the fine as a deterrent, whereas as low-income households can be plunged further into poverty and are therefore disproportionately impacted by the fines.

Are the proposed areas for inclusion in the new regulatory framework for fixed penalty notices (outlined in the proposal link above) sufficient to improve the consistency of them being issued?

Entirely insufficient

If you wish to, please explain why in no more than 200 words:

Low-income families suffer more from FPN. Gov needs to make a move to income based fines, like the move made in the issuing of FPN for driving offences. Using household income will create fairness across a the range of household incomes. Once again I want to make clear, that FPN and SAO’s should always be a last resort when parents, not children, have been found to have not made decent efforts to ensure the attendance of their children, whilst respecting the rights and protections of parents with disabilities.

Do you agree there should be consistency in the rules around granting leaves of absence across all state funded schools? As outlined in the proposal link above.

Strongly agree

If you wish to, please explain why in no more than 200 words:

Public Sector Equality Duty

What do you consider to be the equalities impacts of the proposals on protected characteristics (mentioned above). Please answer in no more than 200 words:

Disability would be the characteristic which may be most impacted. I do not feel the guidance and stat. changes suggested sufficiently protect children and parents with disabilities. I have already experienced in my casework LA’s openly disregard a parents legal disability when pushing for fines and SAO, all the time offering no help. Race, specifically Gypsy, Roma and Traveller children and families will be disproportionately impacted as the groups currently have the worst record of any ethnic group in areas relating to attendance. GRT groups are statistically more likely to be low-income households and will therefore face systematic bias in relation to the issuing of FPN.