The implementation of the gradual return to school will be focused initially on reception children, year 1’s and year 6’s. It is anticipated that secondary schools will have contact before the school summer holidays with children who will have exams next year.
At present a Disapplication Notice is in place for attendance requirements (The Coronavirus Act 2020 Disapplication of section 444(1) and (1A) of the Education act 1996 (England) Notice 2020. This disapplies the section of the legislation that creates an offence relating to the failure of parents to secure regular attendance at school. This means that there will be no criminal prosecutions or convictions following a failure to ensure children attend school. The Notice applied from the 1st May and remains in place until the 31st May 2020. The notice could be renewed or modified to acknowledge part return. If the notice is not renewed for the children in the returning years, the normal attendance provisions will apply.
The normal attendance provisions require the school to inform the LA where a pupil has been absent without the school’s permission for a continuous period of 10 days or more.
The attendance register has an accepted entry for non-attendance of ‘Unable to attend due to ‘exceptional circumstances’. This could be applicable in this situation but would need to be a judgement made by the school in the known context as to whether it is an authorised absence. It will be very difficult to decide that a refusal to send children to school through anxiety is insufficient to be regarded as exceptional circumstances. If there is evidence that the children are mixing with others outside the school environment, then the authorised absence could change to unauthorised and recorded appropriately.