Unauthorised absence in Reception

[redskyatnight]

Went to pick DS up from school yesterday and happened to overhear a conversation that one of the "louder" mums was having with her pal (not eavesdropping, the whole playground probably heard).

Basically her DD had been off sick from school for nearly 3 weeks with a "cold", mum was complaining that the school had been hassling her about it but she wasn't going to send in her precious when she was ill, and when the school said they might have to refer it to the LEA had angrily told them that she didn't even have to send her daughter to school as she was only 4 (I am paraphrasing slightly BTW).

Now I don't know the ins and outs of this particular situation but was she right? Granted a 4 year old does not LEGALLY have to go to school, but once you've made the decision to send them, are you obliged to send them every day? What are the possible comebacks if you don't? (not that I'm thinking of not sending DS to school, just curious really).

bump

I think the mum is probably right, although she would have been better just to smile and say "yes, she'll be in once she's better". 3 weeks is a LONG time to be off, but that's a separate discussion.

I think that there isn't much the LEA can do until they reach compulsory school age, so she's probably safe on the legal side.

I think legally they have to be in school from the term in which they turn 5. In practise, I would imagine that if you are taking up a school space, you are expected to send your child to that school.

practice

It is right that they don't legally have to be at school - so it may be that they don't have the same recourse to using the law as they would after age 5. In practice I can't imagine it would get to that stage while a child was in reception anyway.

Basically they just use all the same procedures for all kids; they don't discriminate as to whether they're 5 or not. But there probably is a legal difference.

I remember my ds being off for almost 3 weeks in reception, he had one virus after another finishing off with impetigo! I kept him home until he was recovered; he had not ever been a sickly boy and I thought him having all that was a sign that he was utterly exhausted by school; he was only just 4. So I see where this lady was coming from in a way.

Education Act 1996 "444 Offence: failure to secure regular attendance at school of registered pupil (1) If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence."

So it doesn't seem to be a legal offence if the child hasn't reache dcompulsory school age yet.