What is the law

[GDLN]

What is the law please on the following: can a parent take a child out of school for the afternoon on an authorised absence or can a headteacher prevent the child from leaving the school and going with the parent? Any concert evidence would be very helpful. Thank you.

Unless there are safeguarding concerns, a parent can take the child out of school during the lunch break regardless of whether absence for the afternoon is authorised, although they may be fined if it is unauthorised. However, a parent can only remove a child part way through the afternoon if the school consents.

Thank you for your response. Where is the evidence for this please? Just would want to know where you sourced this information from.

From knowledge of the law!

Why are you asking? Is there a specific situation that has prompted this?

I mean I have looked through education acts and policies and there is nothing I can find which specifically states that the headteacher has rights to withhold a child from a parent during curriculum time.

You won't find anything specific. Legislation doesn't set out to cover every possible situation. However, the Education and Inspections Act 2006 Section 89 gives the head power to regulate the behaviour of pupils. As part of that, it would be permissible for them to ban pupils from leaving the premises without permission other than at lunchtime and the end of the day.

The courts also tend to take a practical approach. If schools had to hand over pupils on demand, a parent could, in theory, avoid a fine for unauthorised absence by simply taking their child out of school after registration for the afternoon, which would defeat the point of attendance legislation. Also, of course, it would be highly disruptive to the school if parents could turn up halfway through a teaching session and demand that their children are handed over.

In the absence of any specific legislation requiring schools to hand over pupils on demand, it is for the courts to decide. They have not yet done so, so we cannot be absolutely certain of the legal position. However, for the reasons given above, I am confident the courts would find that schools are within their rights to limit the circumstances in which a parent can remove a child part way through the morning or afternoon.

Remember that, as far as the law is concerned, the parents have responsibilities, not rights.

Thank you for your extensive and informative message which is very useful. May I ask - have you had personal experience of courts taking the side of the school over specific incidents such as preventing parents' access or are you speculating? I am also unsure of your point that parents could avoid a fine. A school can still put it down as an unauthorised absence thus potentially subjecting parents to a fine - though I gather fines can only be legitimately informed after a certain number of unauthorised absences, not just the one. The disruption to a school is minimised through the fact that parents are aware of the unauthorised vs authorised absence statuses, and most parents will go to lengths to avoid the former. I have conversed with a headteacher of long standing and reputation and they said that the party line is always that unless there is a safeguarding concern, a school cannot prevent a parent's access to their child - they can only tell that parent that it will be an unauthorised absence.

This is one of those situations where the legal advice I would give to schools is different from the advice I would give to parents. If advising a school, I would tell them that I would expect the courts to back them but, in most situations, the best thing to do would be to allow the parent to take the child.

As I said above, the courts have not yet ruled on whether the school must hand over pupils on demand as far as I am aware. However, given the stance the courts have taken on other issues in cases with which I have been involved or am aware, my view is that this is the likely outcome.

I am grateful for your help and advice.

After registration they can't go back and change the register for the session as the register has "closed". So if registration is 8.50-9, if you collect at 9.05, you can't go back and change to unauthorised absence. It is like if you arrive at 9.05, it is late and not changed to registered.