The School Attendance (Pupil Registration) (England) Regulations 2024

Leave of absence

11.—(1) Leave of absence from a school maintained by a local authority or a special school not maintained by a local authority may only be given by a person who the school’s proprietor has authorised to do so (an “authorised person”).

(2) An authorised person may not give a pupil leave of absence to undertake employment (whether paid or unpaid) during school hours except—

(a) employment to take part in a regulated performance; or

(b) regulated employment abroad.

(3) An authorised person may not give a pupil leave of absence for any other purpose unless any of paragraphs (4) to (11) applies.

(4) This paragraph applies if—

(a) the leave is to enable the pupil to attend an interview for employment or for admission to another educational institution; and

(b) an appropriate person has asked for the leave in advance.

(5) This paragraph applies if—

(a) the leave is to enable the pupil to study for a public examination; and

(b) the leave has been agreed in advance between the authorised person and an appropriate person.

(6) This paragraph applies if—

(a) the pupil will be of compulsory school age at all times that the leave relates to;

(b) the authorised person and a parent who the pupil normally lives with have agreed that, because of exceptional circumstances, the pupil should temporarily be educated on a part-time basis;

(c) the authorised person and a parent who the pupil normally lives with have agreed the times and dates when the pupil will, during the period of temporary part-time education, be expected to attend the school; and

(d) the leave is to enable the pupil to be absent in accordance with that agreement.

(7) This paragraph applies if—

(a) the pupil will be under compulsory school age at all times that the leave relates to;

(b) a parent who the pupil normally lives with has told the proprietor that they wish the pupil to attend the school on a part-time basis;

(c) the authorised person and a parent who the pupil normally lives with have agreed the times and dates when the pupil will be expected to attend the school; and

(d) the leave is to enable the pupil to be absent in accordance with that agreement.

(8) This paragraph applies if—

(a) the pupil will be over compulsory school age at all times that the leave relates to;

(b) the authorised person thinks that the pupil need only attend the school on a part-time basis;

(c) the authorised person and the pupil or a parent who the pupil normally lives with have agreed the times and dates when the pupil will be expected to attend the school; and

(d) the leave is to enable the pupil to be absent in accordance with that agreement.

(9) This paragraph applies if the leave is to enable the pupil to attend—

(a) another school at which they are a registered pupil;

(b) any other place for educational provision arranged by a local authority under section 19(1) of the 1996 Act or section 42(2) or 61(1) of the 2014 Act; or

(c) any other place for an educational visit or trip arranged by or on behalf of the proprietor and supervised by a member of school staff.

(10) This paragraph applies if the leave is to enable the pupil to attend a place for an approved educational activity within regulation 10(11).

(11) This paragraph applies if—

(a) an appropriate person has asked for the leave in advance; and

(b) the authorised person thinks that leave should be given because of the exceptional circumstances of the request.

(12) In this regulation, in relation to leave of absence for a pupil, “appropriate person” means—

(a) a parent who the pupil normally lives with; and

(b) if the pupil will be over compulsory school age when the absence begins, the pupil.