Attendance and Exclusions: Rights for Looked-After Children

Looked-after children (LAC) have the same legal entitlement to full-time education as any other pupil, with additional safeguards to help protect their attendance and ensure fair treatment if behaviour issues arise. This guide brings together the essentials on attendance rules, the new national attendance framework and codes, and what must happen if a child in care is suspended or permanently excluded—plus practical steps for carers, social workers and schools.

1) Attendance: what “good” looks like for children in care

The baseline expectation

Schools must take all reasonable steps to secure regular attendance. The Department for Education’s (DfE) statutory guidance Working together to improve school attendance sets a national framework (updated August 2024) for registers, revised attendance codes and the use of penalty notices. It emphasises collaborative plans between schools, local authorities (LAs), carers and social workers to tackle barriers and keep children in school.

The role of the Designated Teacher and the Virtual School

Every school must have a Designated Teacher to champion the progress of looked-after and previously looked-after children, leading on Personal Education Plans (PEPs) and coordinating support with the Virtual School Head (VSH) in the child’s local authority. These roles are set out in DfE statutory guidance for Designated Teachers (and mirrored on Virtual School sites nationwide).

2) Attendance codes that commonly affect LAC

Understanding the register

Schools mark attendance twice daily using DfE codes. In August/September 2024, codes were revised/expanded, and the official list now appears within the 2024 attendance guidance and related implementation notes. For children in care, three codes frequently matter:

• B – educated off-site (for example, a legitimate, school-arranged alternative provision session).
• D – dual-registered (where the child attends more than one setting—common during managed transitions).
• C – authorised absence (exceptional circumstances agreed by the headteacher; sub-codes like C1/C2 appear in some local summaries).
• E – excluded (no alternative provision arranged for that session).

Local authority quick-guides and MIS providers echo the 2024 code changes and can help schools record complex patterns accurately. The school should always cross-check with the national guidance for the definitive list.

Why accurate coding matters

Correct coding prevents unintended unauthorised absence records (which can trigger fines in some circumstances) and ensures the Virtual School sees an accurate picture of attendance, interventions and any part-time timetables the school has agreed.

3) Preventing absence: practical steps that work

Plan early, personalise support

For many LAC, barriers include travel to contact, health/therapeutic appointments, or transitions between placements. The attendance guidance expects schools and LAs to proactively plan around such factors—using the PEP to agree transport, timetables, safe-arrival routines, and catch-up support after any necessary absences.

Use reasonable adjustments and multi-agency help

If anxiety, SEND, or safeguarding concerns are driving absence, schools should escalate graduated support, reasonable adjustments and multi-agency planning before considering restrictive timetables or sanctions. The Designated Teacher should convene the right people (VSH, social worker, carers, SENCO) to remove barriers early.

4) Suspensions and permanent exclusions: the rules for LAC

Immediate notifications are mandatory

If a headteacher suspends or permanently excludes a pupil, they must notify parents without delay. For looked-after children, the headteacher must also notify the social worker and the Virtual School Head (VSH) without delay, and inform the local authority. These duties are explicit in the current DfE Suspension and Permanent Exclusion guidance.

Governing board review and the right to an Independent Review Panel (IRP)

Where a governing board decides not to reinstate a permanently excluded pupil, parents (or the pupil if 18+) can request an Independent Review Panel. Parents can also request a SEN expert—at the local authority/academy trust’s expense—to advise the panel, regardless of whether the child has recognised SEN. The guidance sets out the IRP’s role and the protections around equality and fairness.

The part the VSH and social worker play in a review

During an IRP, the VSH should help the panel consider whether the child’s background and needs were properly taken into account before the exclusion decision, and whether more support could have avoided exclusion. The social worker advises on welfare, safeguarding needs and risks that may have contributed to events.

Managed moves vs “off-rolling”

A managed move should only be used after early interventions and only if it is in the child’s best interests—never to circumvent exclusion processes or pressure families to leave. Information sharing (attainment, risk, support plan) must be thorough so the new school can support the child from day one. Off-rolling—removing a pupil from the roll for the school’s convenience—is unlawful.

5) What good exclusion practice looks like for LAC

Consider alternatives first

Exclusion is a last resort. Before suspending or permanently excluding, schools should evidence graduated responses: behaviour support plans, reasonable adjustments, multi-agency meetings, and, where suitable, short-term alternative provision with a clear reintegration plan.

Keep education continuous

If a suspension occurs, the school and local authority should work with the VSH to maintain continuity—work set for day 1 and suitable arrangements if any off-site provision is used (properly recorded with the right code). Accurate records protect the child’s attendance history and access to learning.

6) The national picture on attendance and exclusions

Why this matters now

DfE statistics show suspensions and persistent absence remain higher than pre-pandemic levels, keeping attendance on the policy agenda. The 2024/25 releases and 2023/24 exclusions data break down suspensions and permanent exclusions by need and characteristic, underlining why early support for vulnerable pupils—including children in care—is essential.

7) Step-by-step: if a looked-after child is excluded

What carers and social workers should do

• Ask for the paperwork immediately: the head’s letter, reasons, duration (for suspensions), and the date of the governing board meeting, plus confirmation that the VSH has been notified.
• Request the evidence base: behaviour logs, incident reports, risk assessments, support plans and any reasonable adjustments considered.
• Prepare for the meeting: the Designated Teacher and VSH should help review whether more support could have prevented exclusion and what reintegration would require.
• Consider an IRP if permanent exclusion stands: note the right to a SEN expert at the LA/academy trust’s cost and ensure the VSH/social worker attend.

8) Quick answers to common questions

Can schools mark absence for social-care or court-ordered contact?

Where attendance at contact or statutory meetings is unavoidable and agreed in advance, schools should use the appropriate authorised or off-site code rather than record an unauthorised absence. The precise code depends on the arrangement (for example, B for school-arranged off-site education). Always align with the 2024 DfE code list.

Do attendance fines apply to looked-after children?

The 2024 framework standardises penalty notices nationally, but the priority for LAC is removing barriers and using multi-agency support rather than punitive approaches. Schools/LAs should follow the national framework and apply discretion in complex corporate-parenting contexts.

Is a reduced timetable allowed?

Only short-term, exceptional, time-limited arrangements with a written plan to return to full-time education; they must not be used as a covert exclusion. Record using the correct codes and review frequently with the VSH and Designated Teacher.

9) Takeaways for schools, carers and social workers

Keep the child in the room—literally and figuratively

For looked-after children, every day in school matters. The law and guidance require early planning around barriers, accurate coding, and swift, multi-agency action when attendance dips. If exclusion is contemplated, schools must follow the statutory process, notify the VSH and social worker without delay, and consider whether additional support could avoid exclusion. Where a permanent exclusion is upheld, families can seek an Independent Review Panel and request a SEN expert to ensure the decision was lawful, reasonable and fair.