There is no statutory definition of educational neglect but every child does have the right to a good and suitable full-time education and section 7 of the Education Act 1996 places a duty on parents to secure the education of their compulsory school aged children:
‘The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable—
(a)to his age, ability and aptitude, and
(b)to any special educational needs he may have,
either by regular attendance at school or otherwise.’
The statutory guidance Working Together to Safeguard Children (DfE, 2023, p.160) defines neglect as "the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development" and includes failing to provide a suitable education as one example of the 5 given of types of neglect. Additionally, on p.47, paragraph 125 this guidance also states that:
‘All children aged 5 to 16 are legally entitled to a full-time education, suitable to any special educational need. Education is essential for children’s progress, wellbeing and wider development and being in school is a protective factor against wider harms, including exploitation. Where children are not receiving education, either because they persistently missing school, or are not registered at a school and not receiving a suitable education otherwise, this could be a possible indicator of neglect, abuse or exploitation or could in itself constitute neglect in severe and sustained cases.’
Chapter 5 of the statutory guidance Working together to improve school attendance (DfE 2024) outlines guidance around persistent and severe absence, paragraph 134 specifically states that:
"If all avenues of support have been facilitated by schools, local authorities, and other partners, and the appropriate educational support or placements (e.g. an education, health and care plan) have been provided but severe absence for unauthorised reasons continues, it is likely to constitute neglect. Schools and local authorities should be especially conscious of any potential safeguarding issues in these cases and where these remain, conduct a full children’s social care assessment"
Further statutory guidance; Keeping Children Safe in Education (DfE, 2024, 2024 paragraph 178, p.47) states that:
"Children being absent from education for prolonged periods and/or on repeat occasions can act as a vital warning sign to a range of safeguarding issues including neglect, child sexual and child criminal exploitation - particularly county lines. It is important the school or college’s response to persistently absent pupils and children missing education supports identifying such abuse, and in the case of absent pupils, helps prevent the risk of them becoming a child missing education in the future. This includes when problems are first emerging but also where children are already known to local authority children’s social care and need a social worker (such as a child who is a child in need or who has a child protection plan, or is a looked after child), where being absent from education may increase known safeguarding risks within the family or in the community"
The NSPCC has cited, 'failure to ensure regular school attendance which prevents the child reaching their full potential academically' as one of their six forms of neglect and Professor Jan Horwarth, describes "educational neglect as involving a carer failing to provide a stimulating environment, show an interest in the child’s education (at school or otherwise), support their learning, or respond to any special needs, as well as failing to comply with state requirements regarding education and attendance".
Educational neglect, persistent (10%) and severe (50% or more) absence are recurring themes in Safeguarding Practice Reviews. In contrast, regular school attendance is a protective factor for the most vulnerable children and young people, providing opportunities for support whilst giving them the best possible start in life. There is a clear link between absence and attainment at the end of KS2 and KS4 : Those who attend school more are more likely to ‘do better’ (get better grades/results) at school. We also know that attending school regularly and doing well at school contributes significantly to other positive life outcomes – such as; getting and keeping a job, having and keeping friends, being healthy and happy and avoiding criminality.
The Inclusion and Attendance Service in Sheffield City Council will work with parents, carers, their children, schools and other education settings and other agencies where necessary to ensure all compulsory school age children and young people in Sheffield are able to access a full-time education that is suitable/appropriate for their needs. When thinking about any concerns about child/young person's school attendance it is important to do this holistically and to consider what else might be going on in that child/young person's life that is impacting their school attendance. The Inclusion & Attendance Service encourage schools and other education settings to do this by using their Education, Health & Care mapping tool. A copy of this and some hints/tips about what to add in some of the boxes is available to download here:
EHC mapping document with prompts.
This document can be used by the school/education setting to maintain a record of their Assess, Plan, Do, Review (APDR) cycle for all students where there are attendance concerns. The most up to date version of the EHC mapping document can then be brought to any meeting/consultation with the Inclusion & Attendance service to refer to as part of discussion when it is felt by school staff that all support they can offer has been exhausted. The EHC mapping document can also be used to record outcomes and updates from any and all TAF/CIN/CP meetings so that all plans align.
The process for identifying and supporting educational neglect with the Inclusion & Attendance service is outlined below:
If a DSL/D and/or an Attendance Champion is considering educational neglect they should:
- Ensure that ADPR cycles have been completed and recorded on the EHC mapping document
- Ensure that a chronology has been started for the child/young person
- Talk to the attendance officer linked to their setting and/or
- Request a consultation with the Attendance and Inclusion Social Worker (AISW) linked to their setting.