Marked absent if late new regulations

[MrsRobins]

So I received a message from school yesterday that if a child is late they will now be marked absent for the morning with a U code, in line with new regulations, I have tried to find this on gov site but still not came across it, surly this will only result in children not wanting to go in because they will be marked absent anyway, especially the older kids, I don’t see how this is going to be helpful at all, especially for this only 5 mins late, it doesn’t make sense to me.

Do you have the reference for the 10 sessions/10 weeks in the new statutory guidance as I couldn't see it on a quick skim?

Surely an attendance lead knows U is for any time after registration closes. Not just from 30 mins after registration closes. The 30 mins relates to the guidance stating the register should not remain open longer than 30 mins.

@Chasqui it is in paragraph 181.

If you just consider it from an ‘unauthorised absense’ point of view you may be right. But presumably your main reason for sending her to school is to learn, rather than collect attendance marks? In which case there’s every point going in, as she should still learn something despite missing the first 31 minutes of the morning.

Many thanks - para 182 is interesting:

182. When a school becomes aware that the threshold has been met, they are expected to make the following considerations to decide whether to issue a penalty notice in each individual case: • Is support appropriate in this case?

If yes, schools are expected to continue with the existing support without a penalty notice or issue a notice to Improve if that support is not working or is not being engaged with. A penalty notice can be issued if either has not worked.

If no, for example a holiday in term time, a penalty notice should be issued subject to the other conditions below:

• Is a penalty notice the best available tool to improve attendance and change parental behaviour for this particular family or would further support or one of the other legal interventions be more appropriate?
• Is issuing a penalty notice in this case appropriate after considering any obligations under the Equality Act 2010 such as where a pupil has a disability?
• (For local authorities only) Is it in the public interest to issue a penalty notice in this case given the local authority would be responsible for any resulting prosecution for the original offence in cases of non-payment?

If the answer to these questions is yes, then a penalty notice should be issued. If not, another tool or legal intervention should be used to improve attendance.

Note that the guidance is statutory guidance. That means it is as close to law as it is possible to get without actually being law. Schools and LAs must follow the guidance unless they judge that there is good reason to depart from it on admissible grounds. Even then, they do not have the freedom to do something substantially different. So paragraph 182 isn't just a suggestion. It is something schools and LAs must follow.

It was like this when I was in high school many years ago. This is nothing new

Not sure why you are being combative in tone EndlessLight, we are all reasonable people here. I thought sharing information might help others. I didn't write the government guidance. I just have to work with it.

I meant the students who arrive within 30 mins of registration closing do not get a U code (they'd get an L code). Those arriving 31 minutes after registration closes up to PM registration get a U code. Unless there is another authorised reason for the lateness, of course. For example transport issues, medical appointments etc. The U code is just for lateness when there is no valid reason for arriving so late.

Chasqui google for a document called working together to improve school attendance, it became statutory on 19th August 2024.

Whilst it's been I place for a while, now it's statutory it means the penalty notice processes has changed in some local authorities (inc mine). So given we are less than 5 term days in, these changes are still very new and I, as Attendance Champion, don't know with enough certainty how my LA will be managing the details of the processes. Like what evidence they will be asking for, for example.

But to answer the point of your copy and paste (I think), our school has had a big overhaul of the attendance support processes with this change. Penalty notices are last resort because what we really want is for the child's attendance to be better. If we have parents (like above) who just think "fuck it, I don't care if my child's off school" then I'd be asking my DDSLs to look at why the parent is so disengaged and try to change that, but ultimately I would consider that family right for a fine. Another family, with other context for the unauthorised absence, maybe they are actively engaging in support and attendance is improving, so maybe not.

HTH

@Pterodacty1 it isn’t combative to point out what the statutory guidance says.

Students arriving after registration has closed, whether that is within 30 mins or not, should get a U. L is for those who are late but arrive before registration is closed. The register should not be open for more than 30 mins.

”Code U: Arrived in school after registration closed
Relevant regulation 10(7) and (8)
402. Where a pupil has arrived late after the register has closed but before the end of session.
403. Schools should actively discourage late arrival, be alert to patterns of late arrival and seek an explanation from the parent. All schools are expected to set out in their attendance policy the length of time the register will be open, after which a pupil will be recorded as absent. This should be the same for every session and not longer than 30 minutes.
404. This code is classified for statistical purposes as unauthorised absence.”

”Code L: Late arrival before the register is closed
291. The pupil was absent when the register started being taken but arrives before the register is closed. Schools should actively discourage late arrival and be alert to patterns of late arrival. All schools are expected to set out in their attendance policy the length of time the register will be open, after which a pupil will be recorded as absent. This should be the same for every session and not longer than 30 minutes. If a pupil is recorded with code N but arrives later in the session after the register has closed, the attendance register must be amended to record them as absent using code U or another absence code that is more appropriate.
292. This code is classified for statistical purposes as attending.”

This is going to get messy very fast given how many attendance issues relate to disabilities and long term mental health conditions. If schools move to criminalise parents of disabled children then counter claims of disability discrimination by association will surely follow. ECHR article 14 may also come into play.

I have a disabled child who is sometimes late due to autism-related high anxiety. The clinical team say this is just how it is for some neurodiverse children and school need to show compassion and work around this as a reasonable adjustment. However the school are unwilling to document adjustments in writing.

If you are late for a flight, it will take off without you. Late for school? Expect consequences.

@Chasqui schools and LAs must still comply with the Equality Act 2010.

Discriminate on grounds of disability? Failure to discharge public sector equality duties? Also expect consequences.

Ehh? Unless the disabled person had a medical appointment stopping them getting there on time (which would be authorised) where is the issue?)
A plane would not wait for a disabled person turning up at the airport late neither.

Such ignorance.

This. No way that's official school correspondence.