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Attendance: the legal requirements

Parents have a legal responsibility to send their child to school. Read on for guidance on authorised absence and learn what to do if a pupil isn't attending.

Last reviewed on 17 November 2025See updates
School types: All•School phases: All•Ref: 2504
Contents
  1. Parents are legally responsible for their child attending regularly
  2. Check how your LA defines 'regular' attendance
  3. Schools have a duty to support good attendance 
  4. Persistent and severe absence: what they mean
  5. Absence is permitted in certain circumstances
  6. Read more about absence and attendance

Parents are legally responsible for their child attending regularly

All children of compulsory school age must receive a suitable full-time education.

Parents:

  • Must make sure their child is regularly attending school or 'otherwise' receiving a suitable, full-time education
  • Are guilty of an offence if their child doesn't regularly attend school (where they're a registered pupil)

This is set out in sections 7 and 444(1) of the Education Act 1996.

The DfE reiterates that responsibility for attendance lies with parents (which includes all those who have parental or day-to-day responsibility for a child), in its summary of responsibilities for school attendance (page 5).

Neither the legislation nor the DfE’s guidance explains what's meant by 'regular' attendance, and there's no minimum number of days per year that a child needs to attend. However, your local authority (LA) must, by law, set out in its code of conduct what level of absence