The Hidden Disability Discrimination Behind the School Attendance Crisis

School attendance has become a very hot topic of conversation recently.

Every week, new headlines appear about rising absences, tougher policies, and parents being fined with a strong focus on term time holidays being the route cause of the issue.

But while politicians and schools focus on attendance figures, many families, just like mine, are quietly living a different reality: their children can’t attend school — not because they don’t want to, but because their additional needs are simply not being met at school.

We need to be talking more about how school policies around attendance may be discriminating against children with special educational needs, neurodevelopmental conditions, and mental health difficulties and less about term time holidays in my opinion.

The Rising Tide of Unmet Needs

Children with autism, ADHD, anxiety, sensory processing difficulties, dyslexia, and other hidden disabilities often struggle with the demands of mainstream schooling.

Schools have significantly increased in size over the last 10 years or more, with little consideration for the impact that might have on children with additional needs.

Large, noisy environments, strict behavioural policies, and inflexible expectations can overwhelm them.

Some children experience panic attacks, shutdowns, or intense anxiety simply at the thought of going to school.

Despite this, many schools still treat these difficulties as truancy rather than signs of unmet need.

Parents, including myself, are pressured to improve attendance, absences are marked as unauthorised, and demands for evidence are relentless — all while families sit on waiting lists that can stretch over two years for mental health support or diagnostic assessments.

What Does the Law say?

Under the Equality Act 2010, a child is considered disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

This includes conditions like anxiety, autism, ADHD, and other neurodevelopmental conditions — whether formally diagnosed or not.

Schools have a legal duty to make reasonable adjustments to policies and practices to ensure disabled pupils are not disadvantaged.

That could mean offering flexible attendance, part-time timetables, access to quiet spaces, or alternative learning arrangements.

Importantly, the Equality Act 2010 takes precedence over school policies and even Department for Education guidance.

Schools cannot hide behind policy or “rules” to avoid making reasonable adjustments.

As the Equality and Human Rights Commission states:

“The Equality Act places duties on schools over and above those contained in other legislation or guidance. If school policies or procedures conflict with the Equality Act, the Equality Act duties take priority.”

Disability discrimination in schools can happen in two ways:

1. Direct discrimination — treating a disabled child less favourably than a non-disabled child.
2. Failure to make reasonable adjustments — not taking necessary steps to remove barriers that prevent disabled pupils from accessing education on an equal footing.

While some schools may have a really thorough awareness of the Equality Act 2010, and how to interpret and apply it in their setting, there maybe other schools that lack this necessary understanding and as a result maybe causing unnecessary distress to disabled children and their families.

What Counts as ‘Proof’ that a Child is Disabled?

Some schools may demand diagnosis letters, endless GP notes, or CAMHS reports before offering flexibility, especially in relation to attendance.

But the law does not require this.

What matters is the impact of the condition — not whether a diagnosis has been formally made.

Evidence can include:

• Letters from GPs, therapists, or SENCOs
• School support plans or records of learning difficulties
• Parental observations of how the condition affects daily life
• The school’s own knowledge of the child’s needs

If the difficulties are substantial and long-term, the school must treat the child as disabled and make adjustments.

How Schools may be Discriminating Against Children Around Attendance

There are many ways this happens in practice. For example:

• Marking disability-related absences as unauthorised and threatening fines
• Refusing flexible attendance or part-time timetables
• Attaching unnecessary conditions or requiring parent contracts in return for flexible attendance arrangements
• Demanding medical evidence or formal diagnoses when these are not required
• Punishing lateness or absence caused by anxiety or sensory overwhelm
• Displaying attendance data that publicly shames children who cannot attend consistently
• Applying rigid “zero tolerance” policies without individual consideration
• Failing to provide work for children who are temporarily unable to attend
• Pressuring families into meetings or threatening referrals without offering support

Why is this Happening?

One reason may be that schools are under immense pressure themselves.

School funding is linked to pupil numbers through the National Funding Formula.

Absence rates can impact performance statistics.

But when schools place attendance data above a child’s wellbeing — and above their legal duties — it leaves families trapped between impossible choices.

Some parents feel forced into elective home education, not because they want to leave the system, but because they cannot fight any longer.

What Needs to Change?

• Schools must be given clearer guidance that attendance policies cannot override the Equality Act.
• CAMHS and diagnostic waiting lists need urgent attention so families are not left unsupported.
• School inspections should place greater emphasis on how disabled children are supported, not just attendance figures.
• The funding formula should be reviewed so schools are able to reasonable adjustments.

What can Parents do if their Child is Struggling to Attend School?

Here are some steps families can take:

1. Keep records — Track your child’s difficulties and the impact of school attendance on their wellbeing.
2. Notify the school in writing — Explain the difficulties and formally request reasonable adjustments under the Equality Act.
3. Ask how absences are being coded — Disability-related absences should not automatically be unauthorised.
4. Gather evidence — This can be letters from professionals or your own written account.
5. Know your rights — Diagnosis is not required to be protected under the Equality Act.
6. Seek support — Contact services like SENDIASS or IPSEA for guidance.
7. Escalate if needed — If the school refuses help, raise the issue with governors or the local authority.
8. Consider longer-term solutions — This may include requesting an EHCP or, as a last resort, exploring home education.

Useful References

Equality Act 2010 (definition of disability & discrimination):

• The Equality Act 2010 defines disability as:
  “A physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.”
• Schools have a legal duty to make reasonable adjustments.

Reference: Equality Act 2010 (legislation.gov.uk)

School Attendance Codes (including authorised absences):

The Department for Education provides detailed guidance on which attendance codes schools can use.

• Code I: Illness (not medical appointments)
• Code M: Medical/Dental appointments
• Code C: Authorised absence (other circumstances)
• Schools must consider whether absence is linked to disability before marking unauthorised.

Reference: Working together to improve school attendance — DfE Guidance (February 2024 version)

SEND Code of Practice (reasonable adjustments & duties):

The SEND Code of Practice 2015 outlines how schools should meet the needs of pupils with SEN and disabilities and make reasonable adjustments.
Reference: SEND Code of Practice 2015 (gov.uk)

National Statistics: Absence Data

According to recent government data (2022/23), persistent absence rates are at record highs, and nearly 25% of secondary pupils are persistently absent (missing more than 10% of sessions).
Reference: Pupil absence in schools in England (DfE Statistics)

Exponential rise in Elective Home Education (EHE):

Local authorities have reported huge increases in the numbers of children deregistered from schools, often citing unmet SEN and anxiety as reasons.
Reference: Children’s Commissioner report on home education

CAMHS & Diagnosis Waiting Times:

In some areas, average waits for autism assessments now exceed 2-3 years, and CAMHS referrals are facing severe backlogs.
Reference: NHS England reports and research via National Autistic Society

Have you Been Affected?

If your child has struggled with attendance due to anxiety, autism, or other hidden disabilities — and you’ve felt pressured, threatened, or unsupported by the school — I’d love to hear from you.

Please feel free to share your experience in the comments or contact me privately.

By raising our voices, we can help push for better understanding, compassion, and change in our education system.

Photo Credit: Depositphotos