New Clause 21 - School attendance: general duties on local authorities

Children’s Wellbeing and Schools Bill – in a Public Bill Committee am ar 11 Chwefror 2025.

Danfonwch hysbysiad imi am ddadleuon fel hyn

“In Chapter 2 of Part 6 of the Education Act 1996 (school attendance), after section 443 insert—

(1) A local authority in England must exercise their functions with a view to—

(a) promoting regular attendance by registered pupils at schools in the local authority’s area, and

(b) reducing the number and duration of absences of registered pupils from schools in that area.

(2) In exercising their functions, a local authority in England must have regard to any guidance issued from time to time by the Secretary of State in relation to school attendance.””—(Neil O'Brien.)

Brought up, read the First time, and Question proposed (this day), That the clause be read a Second time.

Question again proposed.

Photo of Clive Betts Clive Betts Llafur, Sheffield South East

I remind the Committee that with this we are discussing the following:

New clause 22—School attendance policies—

“In Chapter 2 of Part 6 of the Education Act 1996 (school attendance), after section 443 insert—

“443A School attendance policies

(1) The proprietor of a school in England must ensure—

(a) that policies designed to promote regular attendance by registered pupils are pursued at the school, and

(b) that those policies are set out in a written document (an “attendance policy”).

(2) An attendance policy must in particular include details of—

(a) the practical procedures to be followed at the school in relation to attendance,

(b) the measures in place at the school to promote regular attendance by its registered pupils,

(c) the responsibilities of particular members of staff in relation to attendance,

(d) the action to be taken by staff if a registered pupil fails to attend the school regularly, and

(e) if relevant, the school’s strategy for addressing any specific concerns identified in relation to attendance.

(3) The proprietor must ensure—

(a) that the attendance policy and its contents are generally made known within the school and to parents of registered pupils at the school, and

(b) that steps are taken at least once in every school year to bring the attendance policy to the attention of all those parents and pupils and all persons who work at the school (whether or not for payment).

(4) In complying with the duties under this section, the proprietor must have regard to any guidance issued from time to time by the Secretary of State in relation to school attendance.””

New clause 23—Penalty notices: regulations—

“In section 444B of the Education Act 1996 (penalty notices: attendance), after subsection (1) insert—

“(1A) Without prejudice to the generality of subsection (1), regulations under subsection (1) may make provision in relation to England—

(a) as to the circumstances in which authorised officers must consider giving a penalty notice;

(b) for or in connection with co-ordination arrangements between local authorities and neighbouring local authorities (where appropriate), the police and authorised officers.””

New clause 24—Academies: regulations as to granting a leave of absence—

“(1) Section 551 of the Education Act 1996 (regulations as to duration of school day etc) is amended as follows.

(2) In subsection (1), for “to which this section applies” substitute “mentioned in subsection (2)”.

(3) In subsection (2), omit “to which this section applies”.

(4) After subsection (2) insert—

“(3) Regulations may also make provision with respect to the granting of leave of absence from any schools which are Academies not already falling within subsection (2)(c).””

Photo of Stephen Morgan Stephen Morgan Shadow Minister (Defence) (Armed Forces and Defence Procurement), The Parliamentary Under-Secretary of State for Education

It is a pleasure to see you in the Chair, Mr Betts. Before we adjourned, I was about to turn to new clause 24. I appreciate the concern of hon. Members in this matter and their desire for academies to follow rules on granting a leave of absence. One of the many ways in which schools encourage regular attendance is by making clear to parents the circumstances under which leave of absence can and cannot be granted. All schools, however, including academies, are already required to have regard to statutory attendance guidance and are expected to follow the rules on granting a leave of absence.

Headteachers understand the responsibilities and know how important it is that children are in school. We have very little, if any, evidence of misuse of power in academies or big increases in the number of leaves of absence. All the indications are that academy heads follow the guidance and apply the exceptional circumstances test to relevant requests for leave, only granting them where it is met. We will continue to monitor this and support them to make school the best place to be for every child, but new clause 24 would not help us to do that. I invite the hon. Member to withdraw new clause 21.

Photo of Neil O'Brien Neil O'Brien Shadow Minister (Education)

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.