Children missing out on education guidance
This page sets out roles and responsibilities and good practice guidance for schools (including academies and free schools) in relation to children missing out on education.If there are any concerns or queries – either general or related to individual cases – please contact your Education Welfare Worker who will be happy to provide advice.
Protocol for children missing out on education
Contents
- Introduction - overview
- Parents role and responsibilities
- Education Provider's roles and responsibilities
- Local authority roles and responsibilities
- Related legistlation
All children, regardless of their circumstances are entitled to a full-time education which is suitable to their age, ability, aptitude and any special educational needs they may have.
In November 2013 Ofsted published the ‘ pupils missing out on education’ report. Within this report Ofsted raised its concerns which can be seen as both safeguarding and educational matters about children an who were often on a school roll but do not have access to full-time provision or as near to full time as those with medical needs were able.
From its 9 key findings it made 17 recommendations for local authorities, schools, Ofsted, health services, police and other partners to consider which can be seen as both safeguarding and educational in their nature.
These recommendations focused on:
- Identifying children not accessing full-time education whilst in mainstream education.
- Establish clear lines of accountability for the quality and amount of provision offered.
- Improve the sharing of information regarding this cohort.
- Ensure every child is on the roll of a school, regardless of their circumstances, unless parents have elected to educate their child at home.
- Respond quickly to signs of children struggling to cope in education, providing suitable support to address their assessed needs.
- Agree on joint working across all partners.
- Ofsted to focus on this area of provision in future inspections.
As a result of the report, ‘Her Majesty’s Inspectors will ask for detailed and specific data on school-age children, for whom the authority is responsible but who are not in full-time education, as part of the new inspections of LA children’s social care’.
In Staffordshire we have now experienced Ofsted’s interest in this cohort of children, with inspectors seeking evidence from schools on how they are recording these children’s attendance in the register, to details of what provision the children are been provided with.
Therefore the local authority in partnership with schools has produced this best practice and advice handbook.
This protocol provides guidance for:
- All School Leaders, school staff, governing bodies in maintained schools and academies
- Youth Offending Teams
- Independent Schools
- Health Professionals
- Social Care Professionals
- Other Children’s Services Professionals
- Police
- Parents
- Pupil Referral Units/Short Stay Schools
In November 2016 the DfE released its latest version of ‘School Attendance’ guidance for maintained schools, academies, independent schools and local authorities. In this document it specifically addresses the issue of part-time timetables.
Can a school place a pupil on a part-time timetable?
As a rule, no. All pupils of compulsory school age are entitled to a full-time education. In very exceptional circumstances there may be a need for a temporary part-time timetable to meet a pupil’s individual needs. For example where a medical condition prevents a pupil from attending full-time education and a part-time timetable is considered as part of a re-integration package. A part-time timetable must not be treated as a long-term solution. Any pastoral support programme or other agreement must have a time limit by which point the pupil is expected to attend full-time or be provided with alternative provision.
In agreeing to a part-time timetable a school has agreed to a pupil being absent from school for part of the week or day and therefore must record it as authorised absence (pg16 School Attendance. November 2016).
Current guidance from Ofsted states that schools, including academies and free schools, should inform the Local Authority of any part-time education arrangements regardless of provision provided. These children would be seen as children at risk of missing out on education, and therefore require monitoring.
For the purposes of this document the definition of a child at risk of missing out on education is a child registered at a school but not receiving full time education as part of a planned approach by the school.
Parents are responsible for making sure that their children of compulsory school age receive a suitable full-time education (section 7 Education Act 1996). This can be by regular attendance at school, at alternative provision, or otherwise (e.g. the parent can choose to educate their child at home).
A parent means:
- All natural parents, whether they are married or not;
- Any person who has parental responsibility for a child or young person; and,
- Any person who has care of a child or young person i.e. lives with and looks after the child.
The local authority and school will need to decide who comes within the definition of parent in respect of a particular pupil when considering reducing / altering a child’s school timetable, but generally parents include all those with day to day responsibility for a child.
When working with families to address issues which have led to the consideration of a part-time timetable schools should initiate an Early Help Assessment1 (EHA). The outcome of the EHA may identify that support and advice is required from external agencies. This in turn will then inform an accurate and agreed personalised team around the family plan. Please be mindful that parental consent and knowledge is vital and that the views of the young person must also be taken into account.
It is vital that any reduction in educational hours or change to the child’s timetable should be agreed with the child and their parents, as they will remain responsible for ensuring their child attends the agreed timetable / activity and for safeguarding their child when not in educational provision. Parents will be key to ensuring the child attends and engages with any proposed plans.
Parents who fail to support their child’s attendance even on a reduced timetable may still be liable to statutory action from the Local Authority provided that there is clear documentation to demonstrate the parent’s agreement to the change, and that they understood the expectations on them to ensure their child attended.
Education provider includes; maintained schools (special and mainstream), academies, pupil referral units, independent schools and alternative education providers. A reduced timetable must not be treated as a long-term solution. Any pastoral support programme or other agreement must have a time limit by which point the pupil is expected to attend full-time or be provided with alternative provision on a full time basis (equivalent to weekly hours the child would normally attend school).
In agreeing to a reduced timetable a school has agreed to a pupil being absent from school for part of the week or day and therefore must record it as authorised absence.
Schools should inform the local authority of any instances of a child been placed on a reduced timetable, so that the local authority is aware of the arrangements and can collate and monitor the data as required by Ofsted.
Information should also be provided to the governors/trustees about any children placed on a reduced timetable, so that the governors/trustees can fulfil their responsibilities to monitor the schools provision.
- Is an Early Help Assessment in place – Before entering into a reduced timetable the school must understand the young person needs and those of the wider family. The EHA is a good tool for gathering and understanding these.
- Safeguarding – is the young person / family known to safeguarding services, what impact will a reduced timetable have on any existing safeguarding issues, any reduced timetable should only be implemented following a review of the child protection or children in need plan, which may involve requesting a core group meeting?
- Impact on child – How could the reduced time/table effect the young person in terms of mental health, educational progress, peer relationships, relationship within family etc?
- Impact on wider family – Would the child spending more time at home put greater pressure on a family already experiencing difficulties. How could this be managed, could another agency provide family support?
- Clear plan to co-ordinate work with child and family – In every instance of a reduced / alternative timetable a clear plan, agreed by all parties, should be in place, which sets out each person’s / agencies task, and records each person’s / agencies agreement to co-operate.
- Set review dates and re-integration – Make sure you establish the review date prior to implementing the plan. This will ensure the young person does not become hidden, forgotten or allowed to drift. A recommended review period would be every 6 weeks, but should be sooner if there are any concern’s around attendance / achievement or safeguarding.
- Appoint a lead person to be accountable for the plan – Every plan should have a lead person to ensure it is implemented and reviewed. This person will also be the single point of contact for the young person, family and other agencies.
- Parental involvement, responsibility and role – As above the parents must be clear about their role and responsibilities. In order for any change to be achieved and maintained the parents must be fully involved and in agreement with the plan.
- Other agencies involved with child and family, their role and responsibilities – Ensure you know which other agencies are involved with the young person, involve them in the planning.
- Regular contact - It is crucial that a child on a reduced timetable is contacted or seen daily by the school to ensure that the child is safe. This information must be recorded in the school. If the school has any concerns about the safety of a child on a reduced timetable they must follow their safeguarding policy and procedures.
- Safeguarding, radicalisation, child exploitation - Ensure that if you are making these changes that you have considered any consequential risks you may be exposing the young person to, or allowing them greater opportunity to become involved in unsafe activities.
- Know what registration codes you will use – Be clear how you will record the period of reduced / alternative provision, and how you will monitor attendance and safeguarding. What will happen if the young person does not attend or a safeguarding concern arises?
It is best practice for every education provider to keep a list of all its students on reduced / alternative timetables, alongside their individual plans.
The national codes enable education providers to record and monitor attendance and absence in a consistent way which complies with the regulations. The data helps education providers, local authorities and the Government to gain a greater understanding of the level of, and the reasons for, absence. How schools record a child’s attendance during a period of a reduced timetable is vital in understanding the accountability of the school as well as remaining the evidence for any statutory action the local authority may take.
The ‘B’ , ‘I’ and ‘C’ codes are perhaps the most misunderstood in this context.
This code should be used when pupils are present at an off-site educational activity that has been approved by the school. Ultimately schools are responsible for the safeguarding and welfare of pupils educated off-site. Therefore by using code B, schools are certifying that the education is supervised and measures have been taken to safeguard pupils. This code should not be used for any unsupervised educational activity or where a pupil is at home doing school work. Schools should ensure that they have in place arrangements whereby the provider of the alternative activity notifies the school on the day of any absences by individual pupils. This notification enables the school to record the pupil’s absence using the relevant absence code (DfE Guidance – school attendance NOV 2016).
It is worth drawing on the statutory guidance for alternative provision at this point, as in its definition of what the statutory guidance applies to it states:
For the purposes of this guidance, the definition of alternative provision is as follows: education arranged by local authorities for pupils who, because of exclusion, illness or other reasons, would not otherwise receive suitable education; education arranged by schools for pupils on a fixed period exclusion; and pupils being directed by schools to off-site provision to improve their behaviour.
It helpfully goes on to define good alternative provision, which would be seen as best practice when using the ‘B’ code as:
Good alternative provision is that which appropriately meets the needs of pupils which required its use and enables them to achieve good educational attainment on par with their mainstream peers. All pupils must receive a good education, regardless of their circumstances or the settings in which they find themselves. Provision will differ from pupil to pupil, but there are some common elements that alternative provision should aim to achieve, including:
- good academic attainment on par with mainstream schools – particularly in English, maths and science (including IT) – with appropriate accreditation and qualifications;
- that the specific personal, social and academic needs of pupils are properly identified and met in order to help them to overcome any barriers to attainment;
- improved pupil motivation and self-confidence, attendance and engagement with education; and
- clearly defined objectives, including the next steps following the placement such as reintegration into mainstream education, further education, training or employment.
When considering ‘measures have been taken to safeguard pupils’ education providers must ensure that the staff at the provision are checked and cleared to work with vulnerable children, appropriate risk assessments and insurances are in place, the provider has a safeguarding policy and a designated safeguarding lead in their organisation. The provider is aware of the needs of and any potential risks to the young person.
Please note:
- schools are responsible for the safeguarding of pupils when using the B code.
- Whilst on alternative provision if the pupil fails to attend the absence MUST be recorded in the main register with the appropriate code not the B code.
- Use of the B code should be time limited and monitored.
- The school must ensure regular safe and well checks take place between the school and student and are recorded on their file.
Code I: Illness (not medical or dental appointments)
Schools should authorise absences due to illness unless they have genuine cause for concern about the veracity of an illness.
This code should be used if a child is on reduced timetable due to an illness.
It is best practice when using this code that the school is confident that the young person is safeguarded. If the parent or school has requested a reduced timetable then they should ensure that the time the young person is not in education (during normal school hours) that they are properly supervised and safeguarded by their parents.
Only exceptional circumstances warrant an authorised leave of absence. Schools should consider each application individually taking into account the specific facts and circumstances and relevant background context behind the request. (DfE Guidance).
This code can correctly be used to account for the time the young person is absent from school when on a reduced timetable. However, as stated above any period of reduced timetable should be time limited and closely monitored, with a clear plan for re-integration to full time provision.
It is best practice when using this code that the school is confident that the young person is safeguarded. If the school is requesting a reduced timetable then they should ensure that the time the young person is not in education (during normal school hours) that they are properly supervised and safeguarded by their parents.
Pupils with a statement of special educational needs (statement) or an education, health and care plan (EHCP)
A reduced timetable should only be used for a pupil with a statement or EHCP in very exceptional circumstances. Such a reduced timetable should only be implemented following either an interim or annual review of that statement or EHCP. An Individual Education Plan (IEP) should be agreed that clearly lays out the use of any extra provision in the statement or EHCP.
An example of paperwork which schools can use in arranging reduced timetables is attached (see appendix 1). This document should be kept in the students school file.
Section 100 of the Children and Families Act 2014 places a duty on governing bodies of maintained schools, proprietors of academies, management committees of PRUs and Local Authorities to make arrangements for supporting pupils at their school with medical conditions.
For short term medical conditions a reduced timetable may be appropriate to both manage the period of illness or upon returning to school after a period of illness. Any child who is absent due to a long term illness, must receive regular safe and well checks from the school, these should be recorded on the child’s school file.
Hospital admissions
Local authorities should provide such education as soon as it is clear that the child will be away from school for 15 days or more, whether consecutive or cumulative. They should liaise with appropriate medical professionals to ensure minimal delay in arranging appropriate provision for the child.
After a long period in hospital it again may be appropriate to consider a reduced timetable as a way of phasing the child back into fulltime provision.
Hospital education can be provided by a range of providers, including:
- local authority maintained schools
- pupil referral units (also maintained by a local authority)
- alternative provision academies
- special academies
These types of provider are inspected by Ofsted. Other independent providers must be registered with the Department for Education as an independent school if they fulfil 1 of the following criteria:
- they provide full time education to 5 or more children
- they provide full time education to at least 1 child with a Statement of Special Educational Needs or an Education, Health and Care Plan
- they provide full time education to at least 1 looked after child
Most Tier 4 CAMHS inpatient units provide education.
Where there are behavioural difficulties the school may try a reduced timetable as a time limited intervention to seek to avoid fixed term or permanent exclusion as part of a pastoral support plan or a planned reintegration package.
Education providers must have regard to the Department’s statutory guidance Exclusions from maintained schools, academies and pupil referral units in England. Education providers should follow the Staffordshire exclusions process.
‘Informal’ or ‘unoffical’ exclusions, such as sending pupils home ‘to cool off’ are unlawful, regardless of whether they occur with the agreement of parents.
Any exclusion of a pupil, even for short periods of time, must be formally recorded as such, and not as a reduced timetable.
Education providers may refer a secondary aged pupil to their District Inclusion Partnership (DIP) where support is required. Staffordshire County Council commissions Entrust to support the eight DIPs in administering funds directly allocated to prevent children been excluded from school. The pupil can be expected, with the support of schools’ pastoral provision and local agencies to be able to attend school on a reduced timetable as previously outlined, whilst remaining on the roll of the school.
The District Inclusion Partnerships (DIP) have been established to act as the “managers” of the school community in regard to inclusion and therefore admissions to a PRU would be in the majority of situations facilitated through the DIP. The Chair of the DIP will have ‘Power to Act’ between Partnership meetings when decisions are required urgently, i.e. placement of Looked after Children (LAC)
Informing the Local Authority
It has been agreed by the chairs of DIP to trial a collection of CMOOE data directly from schools during 2017/18. All schools will be sent a standard excel spreadsheet for them to record their students on reduced timetables. Schools are required to have this data available by Ofsted, and it is also an invaluable tool for the school to track its part-time students and their welfare.
Schools are required to return the completed spreadsheet every half term. This data will then be collated both as county data and broken down into district data. The data will then be shared with each district DIP for them to consider any trends and the impact of using reducing timetables on their district student population.
The template for this process can be found at appendix 3.
The local authority is responsible for collecting and monitoring data about all children of compulsory school age who are not accessing full-time education, from all schools and services in the local area regardless of their individual governance arrangements (reference. Ofsted framework and evaluation schedule for the inspection of services for children in need of help and protection, children looked after and care leavers. June 2015).
In order to achieve the collecting and monitoring of this data, the local authority is requiring all schools to provide a list of students on reduced timetables on a set date every half term.
Please note the local authority is seeking to develop the data collection process so that it can become a live process, and offer an enhanced function to schools and the local authority.
Looked After Children should normally be educated in full-time provision within local schools, unless they have identified special educational needs which necessitate special educational provision.
Staffordshire’s Virtual School for Looked After Children is responsible for ensuring educational arrangement are in place to improve the educational experiences and outcomes for Looked After Children. Where a looked after pupil is at risk of missing out on education the Virtual School must be contacted at the earliest opportunity to ensure that appropriate plans and support are in place.
The Statutory Guidance “Promoting the Education of Looked After Children” 2014 is very clear that everything possible should be done by all partners to ensure that Looked After Children are never permanently excluded and that fixed term exclusions are avoided. If it is felt that there is any risk of permanent exclusion please contact the Virtual School as early as possible to explore how this can be avoided:
- Every effort should be made to enable the young person to continue to attend school and to minimise disruption to their learning.
- All parties should work together and with the young person through the Personal Education Planning (PEP) process to develop and implement flexible and creative approaches to address any difficulties and avoid exclusion.
The PEP is part of the child’s Care Plan and identifies key tasks to support the child’s education, highlighting any special needs, and establishing clear goals. It also acts as a record of progress and achievement. It is also to ensure that information from the PEP is available to feed into the next statutory (Looked After) review of the wider care plan. A termly PEP also supports the closer alignment of the PEP with the Pupil Premium Plus process, ensuring resources are allocated in a responsive and timely way to meet educational priorities in the PEP.
It is important that any looked after child on a part-time timetable should be discussed with the Virtual School and the frequency of PEPs increased to ensure effective oversight of part-time provision and the period of time is minimised wherever possible.
The Virtual School Headteacher: Sarah Rivers
Tel: 01785 854195
sarah.rivers@staffordshire.gov.uk
Virtual School contact details and information is available at the children in care webpage.
Also see the Virtual School Looked After Children - School handbook (4.9 MB)
Under s175 of the Education Act 2002, local authorities must make arrangements for ensuring that their education functions are exercised with a view to safeguarding and promoting the welfare of children.
Full-time attendance at school is very clearly a protective factor in many children’s lives. It has been well evidenced on many occasions that when children do not attend school full time they can become vulnerable to the negative influence’s in society such as, child sexual exploitation, radicalisation and many other forms of child abuse.
It is therefore vital to ensure that if a child is placed on a reduced timetable they are properly planned; reviewed and clear timelines are kept to. All such plans must be made with the clear intent of supporting the child back to full-time attendance. Where children are known to Families First or other local authority children services, the allocated worker should be invited to take an active part in the reduced timetable plan.
The allocated worker must share what resources or concerns they have to bring to the plan, and were possible attend any reviews or include the review of this plan within existing review structures.
All students on reduced timetables must receive regular safe and well checks, specifically if they are placed at an alternative provision and have limited contact with school staff.
The Local Authority has established a mechanism to monitor children Without Educational Provision via an officer group known as (WEP). This group meets monthly to discuss pupils known to be living in Staffordshire who are without any educational provision. The purpose of the group is to discuss individual cases and explore ways to ensure a return into full time education as soon as possible.
Families First Local Support Teams work together with Staffordshire Schools to support children and their families where there is evidence of a complex need, and/or where school attendance is irregular.
Families First via the Local Support Teams (LST’s) carries out the Local Authority’s statutory duty to make sure parents fulfil their legal responsibility to ensure that their child receives suitable full-time education as defined by the Education Act 1996
Education Welfare Workers (EWW’s) in the Local Support Teams are responsible for delivering the statutory requirements of the Local Authority for attendance. The core offer is detailed in the Families First offer for all schools and traded offer for Academies.
Families moving between local authority areas can sometimes lead to a child becoming ‘lost’ in the system and consequently missing education.
Where a child has moved, Staffordshire Local Authority will check with other agencies (either regionally or nationally) and share information in order to ascertain where a child has moved.
There is no such thing in law as a local authority “central roll” and therefore we must avoid using this term. Our EOTAS roll is for pupils who are temporarily not on roll at a registered education provider but as an authority we are ensuring that they are receiving a suitable education, until they are able to go on a school roll.
Form/paperwork used to inform local authority of students on reduced/alternative timetable:
- Local authority sends out half termly request for information and provide spreadsheet to enter data on.
- Schools collate list of all students on reduce timetable/alternative provision.
- Document returned to local authority.
- Local authority collates and analyses data.
- Data shared with schools via DIP and within the Local Authority at attendance and exclusion meeting for analysis and monitoring.
- DIP use local and county data to analyse and monitor performance.
- Local authority use data to support and monitor provision across staffordshire.
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