17/02/2026
I know a few families are struggling with school attendance, and considering that I have had to do a lot of reading and research whilst fighting for my children to get the education they deserve, I thought I would share what I have learnt....
I can't promise that your school will comply with the law - we have reached the end of the complaint process for the secondary school that my eldest attends and they are still claiming that they have done what they have had to do - but it is always best to know these things, so that you can take it as far as you are capable of, whilst looking after yourself.
We have statutory Guidance that is published on the gov.uk website
https://www.gov.uk/government/collections/statutory-guidance-schools -and-attendance--
Statutory guidance sets out what schools and local authorities MUST do to comply with the law.
There are a lot of documents and many must be read alongside documents that they state.
For right now, I am going to talk about the Working together to improve school attendance.
https://assets.publishing.service.gov.uk/media/66bf300da44f1c4c23e5bd1b/Working_together_to_improve_school_attendance_-_August_2024.pdf
This document is for schools, local authorities and parents.
It is important because it sets out what each must do, to help attendance and make sure that students receive education.
The main thing here is that schools must complete the attendance record accurately. This is to collect data to process and share with the local authority, to ensure that students that need support accessing education are picked up and not falling through the gaps.
The way schools do this is by using different codes to capture attendance and the reasons why students may not be in school, this is then presented to the local authority and they can then step in to offer alternative provisions if they are needed. One of the codes for this is (I) illness (not medical or dental appointment) and is used when a student is unable to attend because of illness (both physical and mental health) it is important to let school know the reason - and if your child is struggling with their mental health say this. My school has a telephone number I can text for absences and it has been a lifesaver to be able to go back and review the record against my reasons for absence. I would advised written communication for absences so that you can do the same.
Now schools will ask you for evidence, but I have screenshot the rest of the information under chapter 8 so that you can read about what is required. Essentially schools cannot be unreasonable in their requests for evidence or clarification.
So in our case we provided proof that she had had her initial appointments with CAMHS and that we were on the waiting list for further support from the core team. That should have been the evidence to support a code (I). A diagnosis is not needed and it is not reasonable to request on considering the waiting times.
Once the attendance record is correctly recorded, schools must complete a sickness return to the local authority - this is data capturing students that have missed 15 sessions either continuously or cumulatively due to sickness. This is so that the school and local authority agree to any provision to ensure the continuous education for students. No student should be left without access to education.
Now this then links to this document
https://www.gov.uk/government/publications/education-for-children-with-health-needs-who-cannot-attend-school
This outlines the alternate provisions that can be provided.
If the school and local authority are not following this. You can apply for a section 19 yourself.
I could go on and on and on, but I will finish with, if your child has been struggling with an illness (physical and mental health) for over 12 months and it affects their day to day life substantially they are protected under the equality act 2010. You do not need to have a diagnosis to be protected, but I would suggest having some log of evidence of medical appointments to start the ball rolling to gain a diagnosis. This then offers you more rights and protection, if schools fail to follow the above you may have cause to follow up with discrimination.
This is of course not legal advise, this is my own research and I would suggest reading through the documents so that you are able to gather information that would help you in your individual circumstances.
As always if you need help please reach out and I will try my best, I can't promise the results will be any better, but if you are like me, knowing that I am advocating for my children with the facts on my side helped my mental health so much, it also infuriated me that the facts are also ignored, but that's a whole different story!
I apologise that this is so long!