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School avoidance & EBSNA: your rights

Emotionally based school non-attendance (EBSNA) is when anxiety, overwhelm or distress stops a child getting to school. It is common among autistic children and children with ADHD who mask all day. Here is what the law says.

DfE: Working together to improve school attendance (2024)

Schools must work with families to understand barriers. Absence caused by illness, including anxiety, should be authorised as Code I, not Code O. Penalties are for unauthorised absence.

Equality Act 2010, sections 20 & 21

Schools must make reasonable adjustments for pupils whose mental health or neurodivergence has a substantial, long-term effect. No diagnosis is required.

Education Act 1996, section 19

The council must arrange suitable education for children who can't attend because of illness, once they will miss 15+ days. This duty can't be passed to the school.

SEND Code of Practice 2015, paragraph 6.17

Persistent attendance problems should prompt the school to check for unmet special educational needs.

What to do this week

  1. Send the absence notice asking for Code I.
  2. See your GP and ask about a CAMHS referral.
  3. Request a support plan and reduced timetable.
  4. After 15 days, write to the council.

FAQ

Can you be fined for school refusal due to anxiety?

Fines are meant for unauthorised absence. DfE guidance says illness absence, including mental health illness, should be authorised under Code I. Write to the school, keep medical notes, and ask in writing for Code I coding. Fines and prosecution should not be used where a child is unwell and the family is engaging.

What absence code should schools use for mental health?

Code I (Illness). Schools should not usually need medical evidence to authorise illness, and should talk to families before recording absence as unauthorised (Code O).

What is Section 19 alternative provision?

Section 19 of the Education Act 1996 makes the council responsible for arranging suitable education for a child who cannot attend school because of illness. Guidance says this should happen once it's clear a child will miss 15 days or more, consecutive or cumulative.

Does my child need a diagnosis for reasonable adjustments?

No. Under the Equality Act 2010 a condition counts as a disability if it has a substantial and long-term effect on daily life. Schools can and should make adjustments while assessments are ongoing.