Pack to Assist Schools Term Time Absence

Version 2 – September 2016

Pack to Assist Schools – Term Time Absence

2 / Introduction
3 / Flow chart – General approach to authorising or refusing a term time absence
4 / Flow Chart – Suggested approach to non-attendance as developed by ERW
5 / Parental Request for Permission For Absence From School
6 – 9 / Exercise of Discretion Form – Holidays Only – Complete Version
(this form is designed should the head teacher wish to keep a record of their decision making – not all will have time to utilise this form)
10 / Exercise of Discretion Form – Holidays Only – Short Version
(this form assists with audit trail should there be a subsequent challenge but is not as robust as the complete version. It would assist those who do not have time to dedicate to filling in the complete version but would still wish to retain some record of decision making).
11 / Letter accepting a request for a term time absence
12 / Letter refusing a request for a term time absence
13 / School not notified of a Holiday or Parents take the child on holiday after permission refused
14 / General Warning Letter – Illness Related
15 / General Warning Letter – Any Absence – Will arrange a meeting if no improvement
16 / Follow up letter following warning – Attendance now improved
17 / Follow up letter following warning – Attendance not improved – Meeting to be set
18 / Further meeting letter due to parent being unable to attend
19 / Notifying a Parent of Illness Absence being marked as Unauthorised
20 / Parent eligible for a FPN but discretion used not to refer matter for a FPN
21 / Warning Letter – Punctuality the main issue
22 - 23 / Home / School Attendance Agreement
24 – 25 / Home / School Attendance Agreement Review
26 – 42 / Sample School Attendance Policy
43 / Sample Statement on Approach to Term Time Holiday Requests

Introduction

Please find enclosed a revised pack of template letters for you to consider using. There is no ‘one size fits all’ answer to issues of attendance and unauthorised absence but what we hope we have achieved via a multi professional working group is a pack that can be adopted with some small tweaks to meet the individual needs of your school and cluster.

The legal team are exceptionally grateful to the group of head teachers, EWO’s and SAO’s who gave up their time to participate in the working group and help refine the template pack that was provided last year. It was only through these helpful discussions were we able to move beyond a legally driven pack of documents and move towards a more practical working document. Thank you!

An important document to have at hand when using these template letters is the Welsh Government 2010 guidance on School Attendance Codes. This document provides the framework for considering any absence.

There is one caveat to the use of the Codes Guidance and that is in relation to the authorisation of term time holidays. Since the Codes Guidance was issued in 2010 there have been a number of ministerial clarifications, a new pupil support and inclusion guidance and a High Court decision on term time holidays. The legal advice provided at your Cross Phase Headteacher forum was that you should not place too much, if any, reliance upon a test of ‘special circumstances’. We advised this as Welsh Government have declined to clarify what is meant by special circumstances and all subsequent communications and guidance from them has not included the phrase. There is enough recent guidance to enable you to make sound judgments in relation to term time holidays to not have to rely heavily on a special circumstances test. The test of ‘exceptional circumstances’ remains but this is for holidays which accumulate to more than 10 days in any academic year. If in doubt please use the flow chart at the start of this template pack which should help guide you through the approach to any term time absence.

In the 2015/16 academic year the two biggest challenges to term time absences related to a reliance on an incorrect test when considering a request and the other related to a complaint there was a blanket approach to requests. What has now been made clear is that a blanket approach will not be lawful. If any of your letters, policies or frameworks include a statement that term time holidays will not be approved it would be advisable to remove them from use. Welsh Government has made it clear that you must consider the individual circumstances of a request and therefore a blanket approach prevents that happening. It is for this reason that we would advise against providing prescriptive circumstances when a holiday will be approved and when it will be refused. In seeking to provide clarity you may fall foul of putting into effect a blanket approach as to how a type of request will be dealt with. If your school do feel strongly that you need to set out for parents the types of requests that will be approved and refused please be sure to make it clear that you do so as a ‘guide only’, that the school ‘recognise that all personal circumstances will differ’ and that each request will be considered on its ‘individual merits’.

The slides from our legal briefing to you all have been published online and can be accessed at the legal resource area for schools should you need to download a copy:-

If you have any comments or queries the legal team would be happy to help.

Stephen Holland

T: 01792 637544 / Stephanie Williams

REQUEST FOR AUTHORISED ABSENCE / NOTIFICATION OF ABSENCE DURING TERM TIME

Before applying to take a term time absence please consider the following:

Ongoing low attendance is a factor often linked to low levels of academic success and can have a serious impact on opportunities later in life. Children who are absent from school in term time will miss out on important learning opportunities - educational experiences missed cannot be re-captured later. Your child’s teacher will not be able to go back over everything your child has missed. Due to the need for teacher/pupil input into many of our learning experiences, it is not always feasible to provide you with work to complete during the absence.As a parent/carer you can demonstrate your commitment to your child's education by, whenever possible, avoiding term time absences. It is important that term time absences do not contribute to developing poor habits of attendance which are hard to undo later on.

For holidays: Please note that there is not an automatic right to withdraw pupils from school for a holiday and this form, if it is a request for that purpose, is merely a request for permission. There is a margin of discretion for head teachers to agree to your request and in line with national guidance, your Child(ren)’s absence will be judged on merit and may not be authorised. Please see our school policy on attendance (on our school website). You will be notified of the decision shortly.

Please note: WG guidance states that schools cannot authorise holidays retrospectively.

Should your child accumulate a level of unauthorised absence which brings their attendance below 90% during the year, the Local Authority may (depending on the circumstances) issue a fixed penalty notice or commence formal prosecution for failing to secure regular attendance at school. The full details of the fixed penalty scheme can be found on the City and County of Swansea website.

Section A:

THIS SECTION MUST BE COMPLETED BY THE PARENT/CARER AND THIS APPLICATION FORM FORWARDED TO SCHOOL AS EARLY AS POSSIBLE BEFORE THE ABSENCE – IDEALLY AT LEAST TWO WEEKS BEFORE.

Names of Pupils:

…………………………….…………………………..….. Class:…………………………

………………………..……….……………..………….... Class:…………………………

……………………………………………..…………..… Class:…………………………

Absence dates: From……………………… To: …………………………. Number of days absent: ………......

Holiday address/contact details (for child protection procedures): ______

Is there a sibling(s) from another school who will also be absent for the same reasons. If so, please provide name of the sibling and school attended: ______

My views, reasons and the purpose for requesting a term time absence are (please continue on separate sheet(s) if required)

______

Signed: ……………………………………………………………………. Parent/Carer Date: ……………….

If the pupil/s do/does not return by the agreed date they are at risk of losing their school place/s and they may be removed from the school register in accordance with the admission guidance Education (Pupil Registration) (Wales) Regulations 2010 section 4 which states ‘the pupils has ceased to attend the school and no longer resides within a reasonable distance from the school’. Please note that we cannot guarantee that a place will be available for your child in the school of your choice on your return but you will be offered a place at the nearest school with room available in the year group. Failure to return on the agreed date may also prompt welfare concerns; a child who goes missing from education may be considered to be at risk of significant harm. Any such concerns will immediately be referred to the statutory authorities for consideration.

Date: ______Received by school: ______

Signed:______

Please return to the School Office.

Exercise of Discretion Form – Request for Term Time Holiday

Name of Pupil:…………………………………………………………………………………………………………………

Issues Specific to Holidays over 10 days

1. / Yes / No
Does the request for a term time holiday bring the total days for this purpose to over 10 days for the course of the academic year?

Comments

2. / Yes / No
If the total holiday days are over 10 are there ‘exceptional circumstances’ that warrant the exercise of your discretion?

Comments

Issues Relevant to All Term Time Holiday Requests

3. / Yes / No
Does the age of the child have a specific bearing on the exercise of your discretion? Explain below if the answer is yes.

Comments

4. / Yes / No
Does the timing of the proposed trip have any bearing on the exercise of your discretion? Explain below if the answer is yes.

Comments

5. / Yes / No
Have you considered the parental wishes regarding the trip and the nature of the trip?

Comments

6. / Yes / No
Is the overall attendance pattern of the pupil a concern when considering authorising a term time holiday? (Consider the maximum possible attendance of this pupil if the holiday is agreed.)

Comments

7. / Yes / No
Does the child’s stage of education have any bearing in relation to the exercise of your discretion? If yes please explain below.

Comments

8. / Yes / No
Does the pupil’s progress have any bearing in relation to the exercise of your discretion? If yes please explain below.

Comments

9. / Yes / No
Is the pupil studying at Key Stage 4 and is the holiday at a crucial time?

Comments

10. / Yes / No
The factors above are a non-exhaustive list of considerations. Are there any other factors or issues you feel are relevant to the exercise of your discretion? If so please detail below.

Comments

Answers of Yes to any or all of the above questions should not automatically result in a refusal of a term time absence but should lead the head teacher to strongly question and scrutinise whether it would be appropriate to grant the absence as authorised when balanced against parental views and reasons behind the absence.

Before utilising your discretion make sure you consider the circumstances of the family, the purpose of the holiday and the wishes of parents.

Decision

I have utilised my discretion and will authorise the absence in full.
I have utilised my discretion and will authorise the following dates of absence only:
I have considered my discretion and will not authorise the absence due to the issues highlighted above

Signed:…………………………………………………………….Dated:………………………

Exercise of Discretion Form – Request for Term Time Holiday – Name of Pupil……………………………………………

Relevant Consideration / Yes / No
Does the request for a term time holiday bring the total days for this purpose to over 10 days for the course of the academic year? If so, consider if there are ‘exceptional circumstances’.
Note, the test of exceptional circumstances is only applicable to holidays of 10 + days for the year. Holidays under 10 days should consider the remaining factors below.
Does the age of the child have a specific bearing on the exercise of your discretion?
Does the timing of the proposed trip have any bearing on the exercise of your discretion?
Is the overall attendance pattern of the pupil a concern when considering authorising a term time holiday?
Does the child’s stage of education have any bearing in relation to the exercise of your discretion?
Does the pupil’s progress have any bearing in relation to the exercise of your discretion?
Is the pupil studying at Key Stage 4 and is the holiday at a crucial time?
The factors above are a non-exhaustive list of considerations. Are there any other factors or issues you feel are relevant to the exercise of your discretion? If so please detail below.

Before utilising your discretion make sure you consider the circumstances of the family, the purpose of the holiday and the wishes of parents.

Signed:…………………………………………………………….Dated:………………………

Accepting a Parental Request for Authorised Absence

School Logo

Parents name and address:

Date:

Dear Parent/Guardian/or full name,

I note that you have applied to take <name of pupil> out of school during the school term.

The Education (School Day School Year) (Wales) Regulations 2006 states pupils are expected to attend school for 190 days a year. Moreover, there is a strong correlation between good attendance and high achievement.

As a school we actively encourage parents not to take time off during term time so that children can fully benefit from the opportunities that school provides. We have looked at your request in accordance with guidance issued by Welsh Government including the ‘Guidance on School Attendance Codes – June 2010’.

______

[delete the following paragraph for term time absences which are not holidays]

Parents do not have an automatic right to withdraw pupils from school for a holiday and in law have to apply for permission in advance. Headteachers are afforded a margin of discretion as to whether they authorise the absence or not taking into account (amongst other things):-

Age of the child
Time of year of the proposed trip
Length and purpose of the holiday
Impact on continuity of learning
Circumstances of the family

Wishes of the parents
Overall attendance pattern
The stage of education
The child’s progress
Any cultural issues

Benefits to the child

Any guidance or clarifications issued by Welsh Government or Ministers

______

Whilst we are worried about your child’s school attendance given the research regarding its close links with attainment, we will be exercising our discretion and will be authorising the absence on this occasion only. Although we have authorised the absence on this occasion it does not follow we will do so again in the future. If a pattern of absence develops or circumstances are different we may not exercise our discretion in the same way again. Every request for absence will be considered in light of the factors set out in the relevant guidance and a number of these factors relating to the child’s circumstances will change over time. We would strongly encourage parents not to take their children out of school during term time and trust you will work with the school to ensure high school attendance for your child.

We will continue to monitor your child’s attendance and hope you will do the same to ensure there are no further periods of absence over the remainder of the academic year.

Yours sincerely,

Head-teacher

Declining a Parental Request for an authorised absence

School Logo

Parents name and address:

Date:

Dear Parent/Guardian/or full name,

I note that you have applied to take <name of pupil> out of school during the school term.

As a school we actively encourage parents not to take time off during term time so that children can fully benefit from the opportunities their school provides. We have looked at your request in accordance with guidance issued by Welsh Government including the ‘Guidance on School Attendance Codes – June 2010’.

______

[delete the following paragraph for term time absences which are not holidays]