Attendance-Related Absence and Enforcement

1. 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**.

It is designed to be linked from the main Absence & Reasonable Adjustments page on your wiki.

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1. 1. **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.

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1. 1. **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.

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1. 1. **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.

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1. 1. **4. When Attendance Enforcement Becomes Discrimination**

1. 1. 1. **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.

1. 1. 1. **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.

1. 1. 1. **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.

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1. 1. **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.

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1. 1. **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.

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1. 1. **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

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1. 1. **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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• You can now link to this page from your main Absence & Reasonable Adjustments wiki entry.*