Attendance and Exclusions: Rights for Children in Care

Children in care (looked-after and previously looked-after children) have the same entitlement to full-time education as any other pupil—and, because they are more likely to have experienced disruption, trauma or moves between homes and schools, they are also owed a higher standard of coordinated support. This guide explains how attendance should be managed, what schools and local authorities must do before resorting to suspension or exclusion, and what foster carers and social workers can insist on if things go wrong. It reflects current Department for Education (DfE) guidance and the legal framework in England.

1) The legal and policy framework (at a glance)

Statutory attendance expectations

Since 19 August 2024, the DfE’s Working Together to Improve School Attendance became statutory guidance. Schools, academy trusts, governing boards and local authorities must have regard to it—meaning decisions about registers, authorised vs unauthorised absence, part-time timetables, and support plans should be anchored in this document. It sets out clear expectations for proactive support, data-driven monitoring, and rapid multi-agency action when attendance slips.

Suspensions and permanent exclusions (the correct terms)

DfE guidance now uses “suspension” (formerly “fixed-period exclusion”) and “permanent exclusion.” The exclusions guidance covers when a headteacher may use these sanctions, how to consider a child’s vulnerabilities, who must be notified (including the social worker and Virtual School Head for a looked-after child), the maximum days of suspension in a year, and the review/appeal process. It emphasises that exclusion should be a last resort after reasonable adjustments and other strategies have been tried.

The Virtual School Head (VSH) and designated support

Local authorities must promote the educational achievement of looked-after children and appoint a Virtual School Head (VSH) to lead this work. The VSH should champion attendance, help secure timely school places following moves, and ensure Personal Education Plans (PEPs) include clear, resourced attendance targets. Government has also extended the VSH’s strategic leadership role to children with a social worker and those in kinship care arrangements—useful where attendance is fragile.

Equality and SEND duties

Schools must consider whether behaviour or absence relates to special educational needs or disability and make reasonable adjustments (Equality Act 2010). The SEND Code of Practice expects leaders to identify unmet needs early and adapt provision; exclusions for behaviour arising from disability without proportionate adjustments may amount to discrimination.

2) Attendance rights for children in care

Accurate coding and authorised absence

Schools must take a register twice daily and use only DfE-approved attendance/absence codes. For children in care, legitimate reasons—such as statutory health or looked-after reviews, court-directed contact, or CAMHS—should be coded authorised where the guidance allows (for example, medical appointments, or “other authorised circumstances” in genuinely exceptional cases). Using the right code matters; it protects the child from inappropriate penalty processes and keeps the data honest. Chapter 8 of the DfE attendance guidance lists the codes used nationally.

Part-time timetables: strictly exceptional and short-term

A part-time timetable must not be used as a long-term management tool. It is only acceptable in exceptional circumstances (for example, as part of a short, time-limited reintegration plan) and must be reviewed frequently with a clear end date. For children in care, any reduction in hours should be written into the PEP, with identified supports (transport, mentoring, tuition) to get back to full-time quickly.

The role of the VSH, social worker and foster carer

Attendance is a team effort: the school leads day-to-day, but the VSH monitors patterns across placements, unlocks Pupil Premium Plus for targeted support, and ensures the PEP tackles barriers (transport, uniform, breakfast club, tutoring, counselling). The social worker coordinates multi-agency plans; foster carers provide the daily routines that make punctuality possible and should be treated as full partners in meetings and decisions.

3) Preventing suspensions and exclusions

Reasonable steps first

Before excluding, schools should evidence that they have followed behaviour and attendance guidance: clear rules, relational practice, pastoral support, reasonable adjustments, and—where appropriate—SEN assessment or review. The DfE’s behaviour advice reiterates the importance of a calm, safe culture and proactive strategies so that exclusion truly is a last resort.

Examples of supportive measures

For a child in care, typical reasonable steps include:

• Pastoral Support Plan (PSP) with explicit, stepped targets.
• Mentoring and safe spaces at key trigger times (arrival, lunch).
• Curriculum adjustments and evidence-based interventions for literacy or SEMH.
• SEN referrals (where need is suspected) and prompt adjustments in class.
• Trauma-informed approaches and staff training (e.g., PACE-aligned strategies).
• Timetabled check-ins with a trusted adult and attendance incentives via PP+.
  Documenting these actions in PEPs and school records will be essential if exclusion is later challenged.

4) If a suspension or exclusion happens

Immediate notifications and day-by-day duties

When excluding a looked-after child, the headteacher must without delay inform:

• the foster carer (and any person with parental responsibility),
• the social worker and placing local authority, and
• the Virtual School Head.

Written reasons, the length of suspension, and return-to-school arrangements must be set out. The exclusions guidance explains the thresholds that trigger a governing board review (for example, single or cumulative suspensions that exceed 5 school days in a term) and the right to make representations. There is a maximum of 45 school days of suspension in a school year for a pupil, even if across multiple incidents.

Alternative provision from day 6

For a permanent exclusion, the local authority must arrange full-time alternative provision from the sixth school day. For a suspension, the school must arrange suitable full-time education from the sixth consecutive day of suspension. This is crucial for stability and progress, especially for children in care.

Reviews, appeals and independent panels

Depending on the length and type of exclusion, the governing board must meet to review the decision; for permanent exclusions it must consider reinstatement and, if it upholds the decision, inform you of the right to an Independent Review Panel (IRP). Carers and social workers may submit evidence (PEP records, SEN assessments, evidence of unmet need or adjustments not made). The IRP can also require the board to reconsider and, in some cases, recommend a SEN expert attends.

5) SEND, disability and exclusion decisions

Equality duties apply

Where a pupil’s behaviour is linked to disability (for example, sensory overload or communication difficulties in autism), schools must show the reasonable adjustments they put in place before excluding. Blanket policies that ignore disability-related needs can be discriminatory. Consider whether an EHCP is needed or whether an existing plan requires urgent amendment; involve the local authority SEN team and record adjustments in the PEP and PSP.

Assessing unmet need

The SEND Code of Practice expects schools to assess, plan, do, review, and to escalate where progress remains limited. For children in care, behaviour often signals unmet need—grief, trauma, disrupted attachments—which calls for coordinated multi-agency support rather than sanction alone.

6) Attendance planning that actually works

Make the PEP your engine room

Use the Personal Education Plan meeting to agree SMART attendance targets, name the adults responsible, and commit Pupil Premium Plus to practical supports: breakfast club, uniform, transport, tutoring, a laptop for homework, or counselling. The VSH can help unblock delays and check that interventions are evidence-based and time-limited with a review date.

Get the basics right: routines and logistics

Attendance is built at home: consistent wake-up times, laid-out uniform, settled transport plans, and visible reward charts. In school, agree early-morning check-ins and a “safe base” where the pupil can decompress instead of walking out. Record strategies in the PEP, share them with all staff who teach the pupil, and review fortnightly until attendance stabilises.

Recording and escalation

Keep registers accurate and code correctly—especially for statutory meetings, medical appointments, or authorised exceptional circumstances. If attendance dips below thresholds, the DfE expects prompt escalation: school attendance meetings, an attendance action plan, and—where needed—targeted local authority support. For looked-after children, the VSH should be looped in early. Part-time timetables should never drift; review them frequently and aim back to full-time.

7) Managed moves, alternative provision and protecting against off-rolling

Managed moves (with informed agreement)

A managed move can sometimes reset a struggling placement, but it must be transparent, voluntary, and backed by a reintegration plan—not used to circumvent exclusions procedures. Document consent (from carer and social worker), set review points, and keep the VSH involved so funding and support follow the pupil. The exclusions guidance also covers aspects of pupil movement and stresses proper process.

Alternative provision as a bridge, not a destination

Where mainstream placement is not working, high-quality alternative provision (AP) can be a positive short- or longer-term step—if it is planned, monitored and offers a broad, ambitious curriculum with a path back to mainstream where appropriate. For excluded pupils, remember the day-6 duty for full-time education. Avoid any hint of off-rolling: unlawful removal of a pupil from the roll to improve statistics.

8) Practical checklist for foster carers and social workers

Before problems escalate

1. Ask when the last PEP was and whether it sets a clear attendance target with funded support.
2. Request a behaviour/attendance meeting and a Pastoral Support Plan with reasonable adjustments (quiet space, mentor, timetable tweaks).
3. Check coding for unavoidable absences (health, statutory meetings) and challenge mis-codes that could trigger penalty actions.
4. If hours are reduced, insist on a time-limited plan back to full-time and a fixed review date.

If suspension/exclusion is proposed

1. Remind the school exclusion must be last resort and ask for the record of reasonable adjustments tried.
2. Ensure the VSH and social worker are notified in writing and invited to all reviews.
3. For longer suspensions and all permanent exclusions, prepare for the governing board meeting; bring PEPs, assessments, and evidence that alternatives were available.
4. If permanent exclusion is upheld, check day-6 education is arranged and consider the IRP route if grounds exist.

9) Frequently asked points

Can a child in care be suspended for behaviour linked to trauma or disability?
They can, but only after reasonable adjustments and support have been considered and put in place; otherwise the decision risks being unlawful or discriminatory. Keep a paper trail of what was tried and why.

Is a reduced timetable allowed for weeks on end?
No. Part-time timetables must be exceptional, time-limited, and regularly reviewed as a short bridge back to full-time.

Who should attend exclusion hearings for a looked-after child?
The foster carer/parent, the social worker, and the VSH should be included and able to make representations; processes and rights are set out in the exclusions guidance.

Conclusion: insist on the right support, early

For children in care, attendance and behaviour are inseparable from stability, relationships and trust. The law expects schools to anticipate barriers, make reasonable adjustments, and use exclusion only when proportionate and necessary. As a foster carer or social worker, you can insist on accurate coding, time-limited part-time timetables, evidence-based interventions funded through Pupil Premium Plus, and your seat at the table when decisions are made. Used properly, the PEP is your lever: it pulls together attendance targets, resources, and accountability—so the child’s right to education is real, every school day.