Legislation

The Education (Pupil Registration) (England) Regulations 2006 (Amendment 2016) provide, in respect of leave of absence in term time –

Regulation 7 Leave of Absence

(1)      Leave of absence may only be granted by a person authorised in that behalf by the proprietor of the school.

“(1A) Subject to paragraph (2), leave of absence shall not be granted unless-

1.  An application has been made in advance to the proprietor by a parent with whom the pupil normally resides; and
2. The proprietor, or a person authorised by the proprietor in accordance with paragraph (1), considers that leave of absence should be granted due to the exceptional circumstances relating to that application”;.

Amendments to the 2006 Regulations removed reference to the threshold of ten school days.  In the case of requests for extended trips, Headteachers should determine the number of school days a child can be away from school if permission for the leave is granted.

Regulation 8 Deletions from Admissions Register

(h)      that he has been continuously absent from the school for a period of not less than twenty school days and –

(i)       at no time was his absence during that period authorised by the proprietor in accordance with regulation 6(2);

(ii)      the proprietor does not have reasonable grounds to believe that the pupil is unable to attend the school by reason of sickness or any unavoidable cause; and

(iii)      both the proprietor of the school and the Local Authority have failed, after reasonable enquiry, to ascertain where the pupil is;

A child’s name can be removed from the register if the pupil has been granted a leave of absence and, after the agreed period;

• s/he has not returned by the agreed date;
• and s/he has continued to be absent for a period of more than twenty school days;
• and the Headteacher is not satisfied that this is because s/he is ill or the absence is unavoidable;
• both the proprietor and the Local Authority have failed, after reasonable enquiry, to ascertain where the pupil is.