What Happens When Attendance Drops Below 90%?
My School Agent | 8 July 2026
The first letter is polite. "We've noticed your child's attendance has fallen below 90%. We'd like to work with you to improve this."
The second letter is firmer. "We need to arrange a meeting to discuss this further."
By the third letter, the words "Education Welfare Officer" and "legal proceedings" start appearing.
Here's what each stage actually means and what your options are.
Stage 1: The first letter
This is informational. Your child has hit persistent absence (below 90%). The school is required to notify you.
You don't need to do anything yet except acknowledge it and try to avoid further absences where possible.
Some schools send these letters automatically when the threshold is hit. It's not personal. It's a system trigger.
Stage 2: The meeting
If attendance doesn't improve, the school will invite you in for a meeting.
This might be with the headteacher, attendance officer, or pastoral lead.
They'll ask about barriers to attendance. Health issues? Transport problems? Anxiety?
This is your chance to explain. If your child has a diagnosed condition affecting attendance, bring evidence. Medical letters, appointment cards, anything that shows the absences are genuine.
The school will usually create an attendance plan. Targets for improvement. Review dates. Support offered.
Stage 3: Education Welfare Officer (EWO)
If attendance remains low despite the school's efforts, they refer you to the local authority's Education Welfare Officer.
The EWO is the bridge between school and legal action. They have more authority than the school but aren't the police.
They can arrange home visits. They can issue formal warnings. They can set binding attendance agreements.
But they're also there to help. If there are genuine issues affecting attendance (housing, domestic problems, mental health), they can signpost support services.
Stage 4: Penalty notices (fines)
If unauthorised absences continue, the local authority can issue a penalty notice.
As of 2024, the fine structure is: £60 per parent per child if paid within 21 days, £120 if paid within 28 days.
Two parents = two fines. Two children = double again.
One week's unauthorised holiday can cost £240 for a two-parent, two-child family.
You can't appeal a penalty notice. You can only pay it or refuse and risk prosecution.
Stage 5: Prosecution
If you don't pay the fine, or if unauthorised absences continue, the local authority can prosecute under the Education Act 1996.
This means magistrates' court. You'll receive a summons.
Possible outcomes: larger fine (up to £2,500), parenting order, community order, or in extreme cases, imprisonment (rare but legally possible).
Most cases result in a fine and a formal warning. But it goes on your record.
Your rights at each stage
You have the right to be heard. If there are medical or safeguarding reasons for absences, explain them clearly.
You have the right to see your child's attendance record and challenge any errors.
You can request that medical absences be recorded separately from other absences (though they still count towards the percentage).
If your child is school-refusing due to anxiety or other mental health issues, this is a special educational need. The school must provide support, not punishment.
How to respond to attendance letters
Don't ignore them. Even if you think they're unfair.
Reply in writing (email is fine). Keep it factual. List the dates your child was absent and the reason for each.
If absences were medical, say so. You don't need to provide detailed diagnoses, but "chest infection" or "hospital appointment" is fine.
If you're already working on it (GP referral booked, therapy started, etc), mention that too.
Keep copies of everything. Letters, emails, appointment cards. If it escalates, you'll need the paper trail.
What about genuine illness?
This is the awful bit. Even if every absence is authorised and genuine, the percentage still drops. The system doesn't distinguish between a child who's bunking off and a child with chronic health issues.
If your child has a long-term condition, ask the school to flag it. Some local authorities allow exceptions for children with significant medical needs, but it's not automatic.
You may need a letter from your GP or consultant confirming the condition and its impact on attendance.
When it feels unfair
It often does.
Families doing their best, children with genuine health problems, still getting threatening letters about legal action.
The system is blunt. It has to be, because it's also catching families who genuinely aren't prioritising school.
But that doesn't make it feel any less rubbish when you're on the receiving end.
If you're trying to manage school admin on top of attendance stress, My School Agent keeps track of deadlines and school communications so you can focus on keeping your child healthy and in school when they can be. One less thing to worry about.