Primary schools are due to reopen across much of the country this week, with secondary schools soon to follow. But some parents are considering keeping their children at home, regardless of the official rules.
Amid surging Covid-19 cases, primary schools in the worst affected tier 4 have been instructed to stay closed while all secondary schools are subject to a delayed, phased reopening.
Some councils in south-east England have even intervened to keep primary schools closed in other areas, advising headteachers not to open their doors, despite not being listed on the government’s recommended closure lists.
But where does this leave parents who are expected to send their children to school, but don’t feel comfortable with it?
It is now mandatory for children to attend school in areas where schools are open. This differs from May, when returning to school was “strongly encouraged” after the first national lockdown, but parents were not fined for keeping their children home.
The Department for Education says: “It is vital that children and young people attend school and college, for their educational progress, for their wellbeing, and for their wider development. School attendance is now mandatory again.”
A statement on DfE’s website continues: “It is your legal duty as a parent to send your child (if they are of compulsory school age) to school regularly if they are registered at one.”
Parents who go against the advice of the local council and keep their children at home could risk a fine.
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.
This could lead to a fine of up to £2,500, plus a community order or a jail sentence up to three months.
However, given the particular situation of the pandemic – and a widespread concern among parents about schools reopening – it’s unclear whether councils will actually enforce this law.
During a recent appearance on LBC, education secretary Gavin Williamson was pressed on whether parents would be prosecuted for keeping their children at home due to coronavirus concerns.
He refused to rule out prosecution, but added: “You know very well, as most of your listeners do, that schools operate a system of discretion. We want to see children in school, children get the greatest opportunities from being in school. That’s why we put so much resource, so much effort, in keeping them open.”
HuffPost UK has also contacted the DfE for confirmation on its stance on school absence fines and will update this article if we receive a response.
In the meantime, the DfE website also suggests that elective home eduction (EHE) is an option – where parents choose to homeschool their children longer term – but points out this is different from temporary homeschooling during school closures.
EHE is a full-time, long term commitment, which requires parents to take full responsibility for their child’s education, including all associated costs (such as exam fees).
Schools are not required to provide any support to parents that have withdrawn their child for EHE – so you won’t receive any online resources from the teacher. If you decide to send your child back to a traditional school setting at a later date, there is no obligation for their former school to keep their place open, so they may not be able to return to the same school.
Elective home education needs to be discussed with your local authority and parents interested in this option are encouraged to read the government’s guidelines on EHE for further details.