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Unauthorised absence: how and when to use sanctions

Find out how to formally address attendance concerns when voluntary support fails. Understand the differences between attendance contracts, education supervision orders (ESOs), penalty notices and attendance prosecution, and when to use each one.

Last reviewed on 23 July 2024See updates
School types: All•School phases: All•Ref: 49630
Contents
  1. Use sanctions as a last resort
  2. Start with voluntary support for pupils with poor attendance
  3. Next, consider a formal attendance contract
  4. Refer pupils to your LA for an ESO if necessary
  5. Use penalty notices as an alternative to prosecution
  6. Only your LA can prosecute

Note: references to 'parents' throughout this article means all those with parental and/or day-to-day responsibility of a child or young person, as defined in the statutory guidance on working together to improve school attendance.

Use sanctions as a last resort

Chapter 6 of the DfE’s statutory guidance on working together to improve school attendance sets out various legal interventions you can use to improve poor attendance. 

Legal interventions can only be used for pupils of compulsory school age and all decisions should be made on a case by case basis. 

Find guidance on preventative measures and strategies to improve and maintain attendance and avoid sanctions in our absence and attendance resource hub.

Start with voluntary support for pupils with poor attendance

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