To have refused to sign this parenting contract about attendance

[NoContract]

Dd is 15. Attendance is very low (62%). Has never been above 80% since starting secondary.

Dd has multiple medical issues. We have given so many letters from consultants. For the last year if she has for example had a regular illness eg d and v we have had to get proof (a GP appt) or threats of fines are immediate.

Today I was asked to sign a contract that I will make sure attendance improves. I refused as I have no control over it - I’m really thinking now that home education is the only way forward ? Because I refused I was told there will be further referrals made ? Feel like I’m going mad and talking to a brick wall if it was that simple and I could sort things out I would have ??!!

Dd has asked me not to disclose the conditions as there are a lot and may be identifying. I’m able to say they are all long term / permanent and that we are currently not having much luck finding effective therapies

Her homework is all set online she completes it all (often from her bed), they are scored regularly on things such as homework on time/complete/adequate/above expected standards etc. She has always done extremely well I don’t think it will affect her GCSEs unless she’s too ill on any actual day to sit one .

Right - I wouldn’t base too much on homework. Hopefully they will set her extra to do at home when she feels well enough to do it but not well enough to be in school.

Dfe provide various data on absence.

Physical and mental illnesses are both coded the same in registers so it is not (currently) possible as far as I am aware to look at absence by illness type.

You can compare students with an EHCP to all students and unsurprisingly students with an EHCP are both more likely to be absent and more likely to be "persistently absent" which is hardly surprising.

explore-education-statistics.service.gov.uk/find-statistics/pupil-attendance-in-schools

Wow @LittleHangleton you sound like a right peach - I’d love to have a 1-1 meeting with you - you wouldn’t last 5 minutes with me with that attitude I’d have shot you down within 60 seconds then made sure you’d be running around for weeks providing me with information, that’s before I’d make an official complaint about you.

Im sorry @NoContract it really does grind you down having a sick child and a non supportive school.

I wouldn’t be signing any contract with a school. All of my teen’s absence have been documented with consultants letter, I still get the stupid letters and calls but they know there is nothing I can do - on the whole the school are relatively supportive and have finally put some measures in place

You poor thing. It's not like you can just tell her not to get sick and not have health problems. So frustrating and unsupportive. This added stress isn't what either of you need. Sorry u don't have any advice, just solidarity that you're having to deal with this ontop of the health situation!

This is unacceptable.

Absence for illness is not unauthorised absence. It is out of your control. There is no way you can commit to improve.

The guidance on school attendance can be found at Working together to improve school attendance (applies from 19 August 2024). This is statutory guidance, which means it is as close to law as it is possible to be without actually being law. The school must follow this unless there is very good reason not to and, even then, must stick as close to the guidance as possible.

Paragraphs 365 and 366 are relevant. They are clear that the school should only request medical evidence where there is genuine and reasonable doubt about the authenticity of the illness and that, if evidence is required, they should not be rigid about the form it takes.

In my view, the school's actions go beyond unreasonable and are unlawful. Given that they are aware of your daughter's medical conditions, the school clearly does not have genuine and reasonable doubt as to the authenticity of your daughter's illness. They are therefore acting unlawfully by continually demanding medical evidence. If they insisted on a doctor's note, that was also unlawful (and, since they have acted unlawfully over this, they should refund any costs you have incurred in getting the medical evidence).

Sickness absence is automatically authorised. The school cannot fine you if your daughter is absent due to sickness. To do so would be unlawful. In my view, threatening to do so is also unlawful. The only referral they can make to the LA is a sickness return if your daughter is absent for 15 or more days in the school year - these do not have to be consecutive days. This is compulsory and is to enable the LA to make appropriate arrangements for ensuring that your daughter is educated. Given their behaviour, I would put a lot of money on them having failed to do this. Everything in this paragraph is covered by the School Attendance (Pupil Registration) (England) Regulations 2024.

A school can only use a parenting contract for poor attendance where there is excessive unauthorised absence (Anti-social Behaviour Act 2003 section 19). Their attempt to put one in place is unlawful.

Put the whole lot together and, in addition to the breaches I have mentioned above, I think it is likely that the school is breaking the Equality Act. If it were me, I would be furious. Far from thinking of home educating, I would be going in with all guns blazing!

I know you’re getting quoted left right and centre, but PLEASE, as part of your role, can you look at what the school can do to improve the situation? It is not about sending out teams of letters and looking forward to escalation. If you have sent out 100 letters it suggests that there are serious issues with the school. The tone of your post is appalling and short sighted.

I look at the lives of children in hundreds of schools and the lengths some schools go to to help the children in is humbling. I do hope you are focussing on what is right for each child, instead of focussing on what the parent should do. For every parent who could do better, there is a parent desperate for their child to be happy in school. I write this in full understanding that there are parents who are failing their children by not supporting their education. I urge you to not tar us all with the same brush.

OP my dd attendance is around 70% - she missed one day in every ten for medical appointments; this will increase in December. She also usually misses at least half a day a week - not always, but often. Sometimes I drop her off and just wait for the call to pick her up. My dd does all her homework and is doing well in all submitted work and scores highly in tests. So I believe you when you say your dd is doing well despite her poor attendance. It can be done! Well done to your dd.

Your dd’s school sound horrific. If the issues are mental they need to work with your dd around addressing these, providing a quiet space etc. If they are physical, there is nothing that can be done is there? I would absolutely start raising this now; speak to educational welfare, organise DLA (it is an entry pathway to assistance and helps with disability recognition) and raise with Ofsted and the governors. Definitely raise with the council that they are threatening fines over lack of medical exemption for D&V; fines are not up to them and they are causing your daughter to miss more education by going to the doctors for no reason. I would also write to your MP - you need to get someone’s interest high up. Do not accept off-rolling and do not home educate - I’m assuming she is doing GCSES this academic year or next? So she needs to stay put as any disruption would hinder her chances. The exam fees are also prohibitive and if you home educate you would be liable for all.

Good luck and I hope things start to improve for her. Well done on not signing the contract. If you did, you accepting that there is an element of choice over the absence. I am assuming you are doing all you can, don’t be afraid to ask for help.

Thankyou , this is really helpful. I was feeling quite anxious about refusing to sign the contract despite knowing I was in the right but this has reassured me I did the correct thing. I think in a lot of ways considering home education is just because I don’t have much fight left after all the times I’ve had to push and fight for medical stuff I feel like this is just pushing me over my limit with extra appointments now at school!

I would have a face-to-face conversation with school administrators, if possible, and explain what's going on. You could probably arrange a call with them and your DD's doctor, and have him/her back you up on what's going on. Or maybe have a letter with an explanation of the conditions and the usual symptoms, and how that may make someone regularly ill enough to not be able to attend.

If they're at all reasonable, they'll have to listen to you, especially if your DD is keeping up with all the assignments and still passing classes... One of the things that happened here during covid times was that teachers found ways to give the lessons via zoom, or to upload them online. Maybe arrangements could be made so that the lessons could be recorded, and DD can have access to them when she's feeling well enough to learn?

Agree. It's currently not an expectation that this happens from school unless a fixed term exclusion happens. Otherwise the requests would be endless and a crazy workload. (see covid when it was an expectation).

OP this doesn't mean I think the school are right. You should go back to them with the emails suggested above.

My sons attendance is at 40 % at the moment school complain needs to be more he is at a Sen school has 23 different diagnoses after repeated attempts to get him in school more ,got doctors to give him a sick note lasts for 3 month then give new one in , you might be able to try this ,he was in hospital earlier this year for 5 week and the schools rang me everyday asking why he’s not in , hospital said send sick notes in so don’t get a fine ..

School is your first point of contact to ask, as they fill out the referral forms.

@nooschmoo of course the OP should speak to the school, but they aren’t the ones ultimately responsible for providing education to those unable to attend. The poster I quoted said the school had to provide a tutor. It was that I was responding to.

Also, if the school doesn’t refer, the OP can make the request to the LA herself using IPSEA’s model letter.

@EvilNextDoor Grow up, someone who knows their job, as that poster clearly does, probably faces uninformed keyboard warriors like you on a daily basis and will be well able to put you in your place.

OP, what you are describing doesn't sound normal for a school. If you have provided them with clear evidence of your daughters illness, they are normally very understanding. They will only act the way the way you describe if they have doubts about how true it is.

I’ve given proof of everything so I don’t understand how they could doubt it ?

That is what I find a bit strange. I used to have a role which was very much involved with things like this in a school but I can't give any more advice without knowing more specific information, so can't be of much help unfortunately. Perhaps go above the school and contact the local authority directly (apologies if you've already done that).

OP shouldn't have to ask the school to do this. They are required by law to provide a sickness return to the LA if OP's daughter has missed, or is expected to miss, 15 or more days in a school year due to sickness.

@NoContract massive squishes. Don’t sign the contract and throw everything @prh47bridge said at them. That’s what I was trying to find so glad she’s said it so succinctly.

I sincerely hope that you are indeed reflecting deeply on this widespread problem, and considering those barriers which schools are responsible for: bullying, harassment, discrimination, disrespect, lack of toilet access, unreasonable draconian rules and restrictions, seizing of lunch food, SEND students with unmet needs, fear based and authoritarian leadership, lack of compassion and empathy…?

This actually sounds very normal for most schools. They are normally lacking in understanding. Often wilfully.

This is awful to read & the school is entirely unreasonable.

I would hold your ground. You did the right thing by refusing to sign the contract. Let them do their referrals. I would stop providing evidence for regular illness as you are the authority on it and they have no right to demand you take your DD to the GP for every absence. Tell them if they issue a fine, you will see them in court and win (trust me you will win- been there done that).

It appears to me they are trying to manipulate you into home schooling because they can’t be arsed to give your DD the accommodations she has a legal right to while ensuring her education. They just want her off their books. They likely have low expectations and think she has no future which is disgustingly ableist given how hard your DD works.

You could consider looking for a school that won’t engage in such ableist bullying.

You could consider filing complaints with the local education authority, your MP and Ofsted.

Was your last job with DWP sanctioning people in hospitals for having a can’t do attitude towards work?

Following

EvilNextDoor Grow up, someone who knows their job, as that poster clearly does, probably faces uninformed keyboard warriors like you on a daily basis and will be well able to put you in your place.

From someone whose role includes supporting attendance for pupils I can assure you the above poster new to their job has NO IDEA what she's talking about.

You cannot just say "sign this" and expect improved attendance.

And where there are some issues with the parenting causing attendance you need to put in the support. If you have a parent who hated school and left with no qualifications yet has a good life whose child says the same they aren't just going to say "you have to go".

Engagement with families in a nurturing way makes all the difference.

Don’t expect school to help you or for getting an EHCP to be at all easy. Getting them to grant a reduced timetable is nigh on impossible. You can try all these things but ime they take so long your DD will have aged out of school before anything is done. Home Ed has saved us.