Will your primary school be open tomorrow? It's the question being asked by parents as well as teachers in an ongoing row over classroom safety in the pandemic.
Around 50 primary schools in Tier 4 areas - all in London and the South-East - are staying shut until at least January 18 in an attempt to slow the spread of the new strain of Covid.
Others are expected to open as usual on Monday but a number of schools in Birmingham and the Black Country are now saying they will remain closed due to "unsafe circumstances."
And in a harrowing case, a woman who watched her mum die of coronavirus in the next hospital bed said her whole family had caught Covid when her son went back to school in September.
Parents who are worried about the risks of coronavirus are now asking what their legal rights are for keeping children off school.
What the Government says on school attendance during the pandemic
Government guidance on education during the coronavirus pandemic - which was updated on December 30 - states: "It is vital for all children to attend school to minimise, as far as possible, the longer-term impact of the pandemic on children’s education, wellbeing and wider development.
"Missing out on more time in the classroom risks pupils falling further behind. Those with higher overall absence tend to achieve less well in both primary and secondary school."
It says usual rules on attendance apply including parents' duty to make sure children go to school regularly, the responsibility of schools to record attendance and follow up on any absence, and the power of local authorities to issue sanctions including fixed penalty notices.
What if parents or pupils are anxious about Covid risks?
On the issue of pupils and families who are worried about the risks of attending school, the Government guidance states: "Schools should bear in mind the potential concerns of pupils, parents and households who may be reluctant or anxious about attending school and put the right support in place to address this.
"This may include pupils who have themselves been shielding previously but have been advised that this is no longer formally advised, those living in households where someone is clinically vulnerable or extremely vulnerable, or those concerned about the possible increased risks from coronavirus including those from black, Asian and minority ethnic (BAME) backgrounds or who have certain conditions such as obesity and diabetes.
"If parents of pupils with possible risk factors are concerned, we recommend schools discuss their concerns and provide reassurance of the measures they are putting in place to reduce the risk in school.
"Schools should be clear with parents that pupils of compulsory school age must be in school unless a statutory reason applies (for example, the pupil has been granted a leave of absence, is unable to attend because of sickness, is absent for a necessary religious observance)."
Schools and local authorities have been asked to:
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Continue to communicate clearly and consistently the expectations around school attendance to families (and any other professionals who work with the family where appropriate).
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Identify pupils who are reluctant or anxious about attending or who are at risk of disengagement and develop plans for re-engaging them. This should include disadvantaged and vulnerable children and young people, especially those who were persistently absent prior to the pandemic or who have not engaged with the school regularly during the pandemic.
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Use additional catch-up funding, as well as existing pastoral and support services, attendance staff and resources and schools’ pupil premium funding to put measures in place for those families who will need additional support to secure pupils’ regular attendance.
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Work closely with other professionals as appropriate to support school attendance, including continuing to notify the child’s social worker, if they have one, of non-attendance.
What happens if you refuse to send your kids to school?
The Government points out that parents can be prosecuted if they do not give their child an education. The local council usually gives warnings and offers of help first.
You can only allow your child to miss school if either:
- they're too ill to go in
- you've got advance permission from the school
You have to get permission from the head teacher if you want to take your child out of school during term time.
You can only do this if:
- you make an application to the head teacher in advance (as a parent the child normally lives with)
- there are exceptional circumstances
It’s up to the head teacher how many days your child can be away from school if leave is granted.
Local councils and schools can use various legal powers if your child does not attend school without a good reason. They can give you:
- a Parenting Order - you have to go to parenting classes
- an Education Supervision Order - a supervisor will be appointed to help you get your child into education
- a School Attendance Order - you have 15 days to provide evidence you’ve registered your child with the school listed in the order or that you’re giving them home education. If you do not, you could be prosecuted or given a fine.
- a fine (also called a penalty notice)
The Government says parents can be given one or more of these but the local authority does not have to do this before launching a prosecution.
Each parent can be fined fined £60, which rises to £120 each if you do not pay within 21 days.
If you fail to pay the fine within 28 days you can be prosecuted over your child’s absence from school.
If you are taken to court over a child being off school, you could get a fine of up to £2,500, a community order or a jail sentence up to three months.
The court also gives you a Parenting Order. This means you have to go to parenting classes. You will also have to do what the court says to improve your child’s attendance.
The Link LonkJanuary 03, 2021 at 08:53PM
https://www.birminghammail.co.uk/news/midlands-news/can-refuse-send-child-school-19555633
Can you be fined for refusing to send your child to school? These are the rules - Birmingham Live
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