Attendance-Related Absence and Enforcement
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Disability-Related Absence and Attendance Enforcement: Harassment, Discrimination, and Legal Duties
This page expands on the Equality Act duties around disability-related absence and explains when punitive attendance enforcement by schools or Local Authorities may amount to harassment, discrimination, or unlawful practice.
1. Overview
Disabled children often experience absence linked to their condition. When schools or attendance teams respond with punitive actions—such as threatened fines, home visits, police-style attendance checks, or social care referrals—without considering disability, these actions may breach the Equality Act 2010.
2. Relevant Equality Act Duties
Schools and Local Authorities must comply with:
- s.20 (Duty to make reasonable adjustments)
- s.15 (Discrimination arising from disability)
- s.19 (Indirect discrimination)
- s.26 (Harassment)
- s.85 (Schools: discrimination and harassment prohibitions)
The Equality Act takes precedence over attendance policy, government guidance, or local enforcement procedures.
3. What Counts as Harassment?
Under s.26 Equality Act, harassment occurs when a school or LA engages in:
“Unwanted conduct related to disability which has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.”
Examples include:
- Threatening fines when absences are clearly disability-related
- Sending attendance officers to the home with no disability awareness
- Imposing frightening or accusatory meetings
- Repeated letters warning of legal action despite disability evidence
- Accusing parents of “non-cooperation” when the child’s condition prevents attendance
When disability is known or obvious, such actions may be unlawful harassment.
4. When Attendance Enforcement Becomes Discrimination
4.1 Discrimination Arising from Disability (s.15)
Penalising a child for absence caused by their disability is unlawful unless justified. This includes:
- Penalty notices
- Legal threats
- Mandatory attendance contracts
- Escalation letters or warnings
These actions disproportionately affect disabled children.
4.2 Indirect Discrimination (s.19)
Blanket enforcement policies such as:
- “Automatic fine after X sessions”
- “Attendance officer referral after Y absences”
- “Home visit triggered at Z threshold”
…are unlawful if applied to disabled children without adjustment.
4.3 Failure to Make Reasonable Adjustments (s.20)
Schools must adjust:
- attendance expectations
- reporting thresholds
- enforcement triggers
- reintegration plans
- curriculum access to avoid penalising disability.
Failure to do so is unlawful.
5. Why Fines for Disability-Related Absence Are Problematic
Penalty notices issued without consideration of disability are likely:
- Discriminatory
- Unreasonable
- Legally challengeable
- Evidence of Equality Act breach
Local Authorities must consider disability before issuing a fine. If they do not, the fine may be unlawful.
6. When Attendance Officers or Home Visits Become Harassment
A home visit or attendance officer intervention may be illegal if:
- The parent has already explained the disability reason
- The child has diagnosed SEND
- Professional evidence exists of anxiety, trauma, overload, etc.
- The school has not applied reasonable adjustments
- The visit creates a hostile or intimidating atmosphere
Attendance enforcement is not exempt from equality law.
7. What Schools Should Do Instead
Schools must:
- Treat disability-related absence as authorised
- Use supportive, not punitive, approaches
- Provide reasonable adjustments and flexible timetables
- Offer blended learning or home-based alternatives if needed
- Develop gradual reintegration plans
- Avoid triggering enforcement thresholds mechanically
8. Summary
Punitive attendance enforcement against families whose children cannot attend school for disability-related reasons can amount to:
- Harassment (s.26)
- Indirect discrimination (s.19)
- Discrimination arising from disability (s.15)
- Failure to make reasonable adjustments (s.20)
Schools and Local Authorities must adjust their attendance responses. Disability is not misconduct, and enforcement must never punish a child for limitations caused by their condition.
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''Legal Disclaimer:''
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.
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