School attendance guidance 2026: Clarification, not a legal reset
The updated Working Together to Improve School Attendance Guidance tightens expectations where inconsistent practice had evolved in certain areas of the attendance framework.
For school leaders, the practical question is whether you're complying with the clarified expectations and can evidence that compliance. This article covers key changes for schools to be aware of.
1. Register duties
The 2026 guidance explicitly states that registers must be taken at the same time for all registered pupils, both in the morning and afternoon. This sounds straightforward, but in practice many schools have allowed timing to drift, particularly for pupils on part-time timetables, phased returns or bespoke arrangements. That drift causes coding inconsistencies which generate data quality problems, LA challenge and Ofsted scrutiny of registration accuracy.
We also know that some schools have staggered lunch breaks. If the register is taken at the start of each afternoon session following the lunch break and the timing of those afternoon sessions differs, this could generate a compliance risk.
2. Medical evidence requests
Both editions are clear that medical evidence should only be sought where needs are complex, long-term or frequently recurring, and where evidence will help identify suitable provision. The 2026 guidance sharpens the framing: schools may request reasonable evidence where they have genuine and reasonable doubt about the authenticity of the illness, or when seeking to support pupils with prolonged or repeated patterns of illness.
The guidance acknowledges that medical evidence may help schools better understand a pupil’s health needs, inform what reasonable adjustments may need to be made and accurately record absence in the attendance register. This gives schools a clear rationale for requesting evidence and gives pastoral staff a defensible framework if families push back on requests.
3. SEND, mental health and reasonable adjustments
The 2026 guidance is notably more explicit about schools' equality duties. It confirms that reasonable adjustments for disability must be actively considered, and that time-limited phased returns should be on the table before other interventions.
This explicit language around reasonable adjustments gives SENCOs and leaders a stronger basis for structured return planning and a clearer record to show inspectors. Inspectors will specifically consider emotional, mental health and medical drivers of absence for pupils with SEND and examine joint working with parents and other professionals.
Schools should also note that remote education is expressly referred to as a last resort (mirroring language in the DfE’s remote education guidance), after adjustments have been explored. It must form part of a structured return-to-school plan, with pupils still coded as absent. Schools should take care not to code remote provision as attendance and be aware that they may face challenge if remote provision is viewed as a comfortable long-term solution.
4. Local authority expectations and targeting support meetings (TSMs)
The 2026 guidance refines when TSMs should take place by adding a "median of similar schools" benchmark alongside the national average. Schools that sit above the national average but below the median for comparable schools may find themselves drawn into a more structured LA engagement cycle than they've previously experienced.
However, the frequency and effectiveness of TSMs appears to be mixed, with some schools reporting that meetings don't take place or that requests for support go unanswered.
5. A word on Ofsted, attendance and accountability
From September 2026, attendance sits within a dedicated ‘Attendance and Behaviour’ judgement under the updated inspection toolkit. There's particular emphasis on disadvantaged pupils, pupils with SEND, and those who are known or previously known to children's social care and other vulnerable groups, given that low attendance may indicate safeguarding concerns. Young carers are now explicitly named as a cohort requiring targeted monitoring within attendance analysis.
Inspectors will consider whether leaders prioritise improving attendance and punctuality for occasionally, persistently and severely absent pupils. They'll look at whether schools communicate expectations clearly and consistently, act promptly when attendance declines, complete registers accurately and have effective day-to-day follow-up processes. Inspectors will also examine whether leaders use detailed data analysis to identify patterns and barriers, and work with parents, local authorities and other agencies for vulnerable groups.
Trust boards and governing boards will need to regularly review attendance data, discuss and challenge trends, and ensure staff receive adequate attendance training. This includes reviewing historic and recent trends, benchmarking against comparators, setting priorities and developing a comprehensive attendance action plan where attendance is weak. Inspectors will be testing whether governance is exercising genuine oversight of attendance, not simply receiving a figure at a termly meeting.
Top tips: Five actions for schools to take
- Audit registration timing: Confirm registers are taken at the same time for all pupils, including those on any bespoke or part-time arrangement. Variance in timing is a low-effort fix with high compliance value.
- Update your medical evidence position: Evidence requests should be exceptional, tied specifically to planning for complex, long-term or frequently recurring needs. Amend your policy and template letters, and brief staff who field parent queries. Requesting this evidence also helps determine whether a s.19 referral to the local authority is required.
- Add young carers to your attendance monitoring dashboard: Young carers are now explicitly named in the statutory guidance as a cohort requiring targeted monitoring. Ensure pastoral leads know how to identify young carers and link them to LA assessment pathways.
- Check remote education use against the new "last resort" standard: If a pupil is receiving remote education, check they're being coded correctly, document what adjustments were considered and declined, and confirm there is a live return-to-school plan. Without that record, the gap will be visible in an attendance deep-dive.
- Consider training needs: The guidance is explicit that improving attendance requires staff with knowledge of guidance and regulations and expertise in working with families to remove barriers and safeguard pupils. Trusts and governing bodies should ensure attendance training forms part of CPD.
Further support
We offer two-hour training sessions covering the legal framework and guidance, attendance monitoring and registers, analysing data and Ofsted, addressing absenteeism, safeguarding concerns and SEND, effective parental engagement and communication, enforcement and fines, and best practice case studies. For more information on the updated guidance, please contact our expert school attendance and absence team.
Contact
Hayley O'Sullivan
Principal Associate
hayley.o'sullivan@brownejacobson.com
+44 (0)121 237 3994