School attendance: guidance for schools

Due to the current coronavirus (COVID-19) outbreak, schools will remain closed until further notice, except for the children of critical workers, and vulnerable children, who are encouraged to attend where it is appropriate for them to do so. While as many schools as possible should try to stay open for eligible pupils, this will not be possible for all settings. Local authority should oversee arrangements so that pupils are able to access provision elsewhere.

To reflect this, under the Coronavirus Act 2020, we have relaxed the law, so that the parent of a child of compulsory school age is not guilty of an offence on account of the child’s failure to attend regularly at the school at which the child is registered (section 444 of the Education Act 1996). This means that parents will not be penalised if their child does not attend school.

We have also modified the meaning of ‘pupil’ (section 3 of the Education Act 1996) in the context of pupil registration (section 434 of the Education Act 1996). This means that vulnerable children, and the children of critical workers temporarily attending another school when their school has closed because of coronavirus (COVID-19), should not be registered as pupils. They should return to their own school once it reopens.

Children who attend a school on a temporary basis because of coronavirus (COVID-19) will still be pupils for all purposes other than registration. For example, they will still be pupils for the purposes of the school’s SEN, safeguarding and school medical duties. The school will be able to apply its normal behaviour policy to such children and – as is the case with its registered pupils – it cannot charge these children for their education.