School Attendance Contract Non-Compliance Review Procedure

This procedure applies where [school name] is managing a live attendance contract for [pupil name] and there is an instance of non-compliance.

1. Contact the parent and seek an explanation

When the attendance contract is not being followed, the lead practitioner should contact [parent name] and seek an explanation for the non-compliance. Record the date of contact, the explanation provided, and any relevant circumstances.

2. Consider whether the contract remains useful

Consider whether it is reasonable to expect the attendance contract to be followed and whether the contract remains useful. The consideration should take account of whether the difficulty complying was through no fault of the parent.

3. Review and amend the contract where appropriate

If the explanation shows that the attendance contract is difficult to comply with through no fault of the parent, arrange a meeting with [parent name] to review and amend the contract where appropriate. Record the matters considered and any amended terms in the attendance contract.

4. Issue a warning where there is no satisfactory explanation

If no explanation is given, or the lead practitioner is not satisfied with the explanation, serve [parent name] with a warning explaining that the attendance contract is not working and may be terminated, and that another course of action may be pursued if the parent does not engage. The warning may be issued as a letter.

Keep a record of the warning, including the date issued, the recipient, the reason for the warning, and any response.

5. Respond to further non-compliance

If there are further instances of non-compliance, arrange a meeting with [parent name] to review the attendance contract and discuss how it can be made to work.

6. Decide whether to continue the contract or pursue an alternative

Following the review meeting, [school name] and, where involved, [local authority name] should decide whether the non-compliance is undermining the contract to the extent that it is no longer useful. If it is no longer useful, decide on an alternative course of action, such as a different legal intervention.

Record the decision and the reasons for it, including whether the contract will continue, be amended, or be terminated and whether an alternative intervention will be pursued.

7. Record non-compliance and decisions

Record each instance of non-compliance, the explanation sought and considered, meetings held, any warning issued, amendments made, decisions taken, reasons for those decisions, and any alternative course of action considered.

8. Limits of the attendance contract

Failure by the parent, school, or local authority to keep to the terms of an attendance contract cannot lead to action for breach of contract or for civil damages. There is no criminal sanction for a parent’s failure to comply with, or refusal to sign, an attendance contract.

If the pupil’s irregular attendance continues or escalates to the point where prosecution is deemed appropriate, a failure or refusal relating to the attendance contract may be presented as evidence in the case. Keep the non-compliance record sufficiently clear for it to be used for that purpose if necessary.