As primary schools across the UK reopened across England today, debates remain about the safety of children and staff.

Teachers and unions have been citing Section 44 of Employment Rights Act of 1996 that offers protection to those refusing to return to work if they believe they are in serious or imminent danger.

But there are no legal rights to protect the parents who do not wish to send their children to school.

Here we answer some of the questions parents have about whether they will be fined for pulling their youngsters out of school. 

Will I be fined for taking my children out of school? 

If you take your children out of school, there is a risk you could be fined by your local authority. 

You need to check with your school and local authority about what the procedure is in your area.

Who is responsible for issuing fines?

The local council is responsible for penalising parents for not sending their children to school.

What is the fine?

According to government rule, your local council can give each parent a fine of £60, which rises to £120 each if you do not pay within 21 days. If you do not pay the fine after 28 days you may be prosecuted for your child’s absence from school.

Do the rules change because of Covid fears?

According to an updated government guidance on December 30, all children must continue to attend school. The guidance states: “It is vital for all children to attend school to minimise, as far as possible, the longer-term impact of the pandemic on children’s education, wellbeing and wider development.

"Missing out on more time in the classroom risks pupils falling further behind. Those with higher overall absence tend to achieve less well in both primary and secondary school."

The guidance says usual rules on attendance apply including parents' duty to make sure children go to school regularly, the responsibility of schools to record attendance and follow up on any absence, and the power of local authorities to issue sanctions including fixed penalty notices.

What if you are anxious to send your child to school?

The government guidance says: "Schools should bear in mind the potential concerns of pupils, parents and households who may be reluctant or anxious about attending school and put the right support in place to address this.

"This may include pupils who have themselves been shielding previously but have been advised that this is no longer formally advised, those living in households where someone is clinically vulnerable or extremely vulnerable, or those concerned about the possible increased risks from coronavirus including those from black, Asian and minority ethnic (BAME) backgrounds or who have certain conditions such as obesity and diabetes.

"If parents of pupils with possible risk factors are concerned, we recommend schools discuss their concerns and provide reassurance of the measures they are putting in place to reduce the risk in school.

"Schools should be clear with parents that pupils of compulsory school age must be in school unless a statutory reason applies (for example, the pupil has been granted a leave of absence, is unable to attend because of sickness, is absent for a necessary religious observance)."

In addition, schools and local authorities have been asked to:

  • Continue to communicate clearly and consistently the expectations around school attendance to families (and any other professionals who work with the family where appropriate).
  • Identify pupils who are reluctant or anxious about attending or who are at risk of disengagement and develop plans for re-engaging them. This should include disadvantaged and vulnerable children and young people, especially those who were persistently absent prior to the pandemic or who have not engaged with the school regularly during the pandemic.
  • Use additional catch-up funding, as well as existing pastoral and support services, attendance staff and resources and schools’ pupil premium funding to put measures in place for those families who will need additional support to secure pupils’ regular attendance.
  • Work closely with other professionals as appropriate to support school attendance, including continuing to notify the child’s social worker, if they have one, of non-attendance.

    What does Hampshire County Council say?

A spokesperson for Hampshire County Council said: “The Prime Minister has made it clear that, with the exception of a few areas of the country, all primary schools should be open for pupils from the beginning of the Spring Term (4-1-2021). The Department for Education guidance relating to unauthorised absences has not changed to allow for absence due to parental concerns about their child contracting Covid-19. It does permit, however, a child who is deemed Clinically Extremely Vulnerable (CEV) to stay home from school and to access remote learning and, where parents/other householders are CEV, for pupils to access remote learning at the headteacher’s discretion.

“Headteachers will determine if an absence is unauthorised on a case by case basis. Parents who are anxious about sending their children into a school are encouraged to speak, in confidence, with the school’s headteacher. Headteachers know their families extremely well and are best placed to talk with them about all the public health measures they have put in place and the risk assessments they have created to ensure their school a safe environment for pupils and staff while they are in school. Most parents have been reassured by the measures that have been put in place resulting in very high attendance rates in Hampshire last term. Our experience shows that headteachers used their discretion very wisely last term and we see no reason why they would not continue to do so.”