View source for Disability-Related School Absence: A Parents Guide


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= Disability-Related School Absence: A Parents Guide =

== '''Section 1 — Legal Foundations: Disability, Absence, and the Equality Act 2010''' ==

=== '''1.1 Neurodevelopmental Conditions Are Legally Disabilities''' ===
Autism, ADHD, dyslexia, dyspraxia and other neurodevelopmental conditions meet the Equality Act 2010 definition of disability because diagnostic criteria require long‑term and clinically significant functional impact.

=== '''1.2 When Absence Is Disability-Related''' ===
If the reason for absence is connected to the child’s disability (e.g. sensory overwhelm, trauma, emotional regulation, executive dysfunction, health-related fatigue), the school must:

* Consider parent evidence, not only GP/medical notes
* Avoid marking absence as unauthorised unless they can show it is ''not'' disability-related
* Apply the duty to make Reasonable Adjustments

=== '''1.3 Evidence Schools Must Accept''' ===
Schools must consider:

* Parental explanation of disability-related absence
* Reports from any treating practitioner (not just GPs): therapists, psychologists, paediatricians, CAMHS, OT
* Existing diagnosis and known functional difficulties

Schools cannot lawfully:

* Dismiss evidence because it is “not from a GP”
* Impose a higher standard of proof for disabled children

=== '''1.4 Disability Duty Overrides Attendance Targets''' ===
The Equality Act takes precedence over:

* DfE attendance expectations
* Internal school policies
* Ofsted pressures
* Local Authority penalty notice initiatives

Schools cannot use attendance statistics or “policy” as justification for refusing disability-related absence.
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== '''Section 2 — Authorised vs Unauthorised Absence: What the Law Requires''' ==

=== '''2.1 When Absence Must Be Authorised''' ===
Absence should normally be marked '''authorised''' where:

* The reason is directly linked to disability, and
* There is no clear evidence disproving that link

Marking such absence as unauthorised may amount to discrimination.

=== '''2.2 Parent Evidence Is Sufficient''' ===
For day‑to‑day or short disability-related absence, parents do ''not'' need ongoing medical certification.If the condition is lifelong further medical evidence should not be required once confirmed. 

Requiring constant medical letters:

* Places disabled families at a substantial disadvantage
* Is likely discriminatory

=== '''2.3 Schools Must Justify a Refusal''' ===
If a school wants to mark disability‑related absence as unauthorised, it must justify why this particular absence is ''not'' disability-related.

They must not simply rely on:

* Standard attendance rules
* Blanket policies
* “Government expects high attendance”

=== '''2.4 Disability-Related School Avoidance''' ===
If your child’s mental health, sensory needs, or disability mean that attending school would cause them significant distress or harm, the school must treat their absence as disability-related and authorise it.

You '''do not''' need a GP letter for this.

Schools must consider '''any credible evidence''', including:

* reports from psychologists, therapists, or other relevant professionals
* your own observations as a parent or carer

Parents’ evidence is valid and must not be dismissed simply because it isn’t written by a GP.

If the school disagrees with the evidence or feels unsure, it '''should not refuse the absence'''. Instead, it must arrange (or request via the local authority) an '''appropriate clinical assessment''' by a suitably qualified professional who can evaluate the child’s needs. The school cannot push the responsibility back onto families or insist on a GP.

Refusing to authorise disability-related absence on the basis that “the evidence isn’t from a GP” is '''not lawful''' and may amount to disability discrimination.
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== '''Section 3 — Term-Time Holidays and Other Family-Time Adjustments as a Reasonable Adjustment''' ==

=== '''3.0 Scope of This Section''' ===
The same legal principles apply not only to family holidays, but also to ''any'' disability-related need that requires a child to be absent during school hours — including:

* extended family visits to maintain emotional stability
* respite breaks
* cultural or religious family time needed to support wellbeing
* trips needed for sensory regulation
* attending events or activities that support the child's disability needs
* family-based care or routines that cannot occur in peak periods

If the timing is linked to the child's disability, the request must be considered as a possible '''reasonable adjustment'''.

=== '''3.1 Attendance Policy Is a PCP (Provision, Criterion or Practice)''' ===
“No term‑time holidays” is a PCP.

If applying it places a disabled child at a substantial disadvantage, the school must consider adjusting it.

=== '''3.2 When a Term-Time Holiday May Be a Reasonable Adjustment''' ===
Examples of disability-related disadvantage:

* Autistic children overwhelmed by peak‑season travel
* Sensory overload in airports/resorts during school holidays
* Emotional or trauma recovery requiring family time in calmer settings
* Predictability or regulation needs

=== '''3.3 Why Refusal Must Be Evidence-Based''' ===
Schools cannot refuse simply because:

* "We don't authorise holidays"
* "Attendance rules forbid it"
* "It will affect our statistics"
* "Ofsted won't like it"

These are not lawful Equality Act requires justifications.

=== '''3.4 Catch-Up Education Removes the Educational Argument''' ===
If parents offer:

* The same number of learning days
* During official school holidays
* Using online learning or work set by the school

Then the school cannot argue educational loss.

Once educational detriment is removed, refusal becomes very difficult to justify.

=== '''3.5 Schools Already Use Online/Blended Learning''' ===
Schools commonly use remote or online work for:

* Illness or recovery
* Anxiety-based absence
* Reintegration
* Fixed-term exclusions
* SEND flexible timetables

Therefore, equivalent work cannot reasonably be dismissed.

=== '''3.6 Disability-Related Appointments, Therapies, and Clinical Needs During School Hours''' ===
Schools must treat health, therapy, or clinical appointments related to disability as disability-linked absence. This includes:

* occupational therapy
* speech and language therapy
* psychology or counselling
* autism-specific support
* sensory integration therapy
* CAMHS
* physical therapy
* dyslexia assessments or interventions

These absences should be recorded as '''authorised''', and schools must not insist on:

* rescheduling essential clinical appointments
* repeated evidence for long-term disability
* moving treatment to out-of-hours when not clinically possible

If a child requires time away for disability-related therapeutic activity (e.g. equine therapy, sensory regulation, structured family support), this also falls within the Equality Act’s adjustment requirements.
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=== '''3.7 Exceptional Circumstances + Equality Act''' ===
=== Term-time leave can be authorised only in “exceptional circumstances”. ===
Avoiding substantial disability-related disadvantage ''can itself be an exceptional circumstance''.

The school must consider the request individually—other schools' practices are irrelevant.
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== '''Section 4 — Fines, Disability, and Incorrect Information from Schools''' ==
Parents are often given confusing or misleading information about fines. It is essential to understand how the process really works and where discrimination risks arise.

=== Local Authority can issue a Fixed Penalty Notice (FPN).   ===
If a school recommends a fine despite clear evidence that disability or SEND needs are involved, this may amount to disability discrimination.  

Schools must:  

- consider all disability-related evidence  

- take parents’ explanations seriously  

- follow their Equality Act duties (reasonable adjustments and avoiding discrimination)  

- avoid insisting on GP letters as the “only acceptable” evidence  

If a school ignores disability or sensory/mental-health-related distress and still recommends a fine, its recommendation is likely unlawful.

=== 4.2 The Local Authority must investigate properly before deciding   ===
The Local Authority (LA) has the legal power to decide whether or not to issue a fine. It must **not** simply accept what the school says.  

Before issuing a fine, the LA must:  

- check whether disability, SEND needs or health issues explain the absences  

- consider the parent’s evidence and any professional reports  

- verify whether the school has met its Equality Act and SEND Code of Practice duties  

- ensure that issuing a fine would not be discriminatory  

If disability is part of the cause of absence, issuing a fine may be unlawful discrimination under the Equality Act 2010 (s.15).  

The LA should stop the fine process and advise the school to record the absence correctly if disability is involved.

=== 4.3 Summary   ===
- Schools do not issue fines  

- Schools must not recommend fines when disability is a factor  

- Local Authorities must investigate properly before deciding  

- Fines issued where disability is a cause of absence may be unlawful

== '''Section 5 — Summary for Parents and Schools (Expanded)''' ==
For enforcement and harassment issues, see: [[Attendance-Related_Absence_and_Enforcement]].

=== '''Schools Must:''' ===

* Recognise neurodevelopmental conditions as disabilities
* Accept parent explanations as evidence of disability-related absence
* Authorise disability-linked absence (including therapies, family time, and regulation needs)
* Consider reasonable adjustments to attendance policies, including term-time leave
* Provide catch-up work where appropriate
* Consider online or blended alternatives when needed to prevent disadvantage
* Avoid using attendance targets or Ofsted pressure as justification
* Justify refusals with lawful, proportionate, evidence-based reasons

=== '''Parents Can:''' ===

* Explain clearly how absence relates to disability
* Reference diagnosis or known functional difficulties
* Request adjustments such as:
** family holidays in quieter periods
** reduced or flexible attendance for regulation
** therapeutic or clinical appointments
** disability-related family time or respite
* Offer catch-up learning arrangements where helpful

=== '''Bottom line:''' ===
'''Attendance rules are subject to the Equality Act. Disability-related absence—whether for therapy, regulation, family time, respite or quieter-term travel—should be authorised unless the school has clear, lawful justification to refuse.'''**

=== '''Schools Must:''' ===

* Recognise neurodevelopmental conditions as disabilities
* Consider parent evidence for disability-related absence
* Avoid marking disability-related absences as unauthorised
* Apply Reasonable Adjustments to attendance rules
* Justify refusals with evidence, not policy pressure

=== '''Parents Can:''' ===

* Explain clearly how absence relates to disability
* Reference diagnosis or existing reports
* Request reasonable adjustments (including term-time leave)
* Propose catch-up education to address educational concerns

=== '''Bottom line:''' ===
'''Attendance guidance does not override the Equality Act. Disability-related absence should be authorised unless there is clear clinical evidence it is unrelated to the child’s disability.'''

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<nowiki>''</nowiki>Legal Disclaimer:<nowiki>''</nowiki>  

The information on this page is provided for general informational and educational purposes only.  

It summarises publicly available law and guidance relating to disability, attendance, and the Equality Act 2010.  

It is **not legal advice**, and should not be relied upon as such.  

Every child's circumstances are unique, and schools and Local Authorities must make decisions based on the individual facts of each case.  

If you need legal advice, you should consult a qualified solicitor or specialist education law adviser.

While every effort has been made to ensure accuracy, no guarantee is made regarding completeness or correctness.  

By using this information, you agree that the authors and maintainers of this site accept no liability for any actions taken or not taken based on this material.

----''Disclaimer: This page is for general information only and does not constitute legal advice.  ''For individual guidance, contact [[SENDIASS]], [https://www.ipsea.org.uk IPSEA], or [https://www.equalityadvisoryservice.com the Equality Advisory and Support Service (EASS)].  See the full [[Legal and Support Disclaimer]] for details.

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