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What is the T code?
The Department for Education has published new guidance on the use of the T code, which allows authorised absences for Gypsy, Roma, Traveller and nomadic pupils who are travelling with their parents for work, as part of the Section 444(6) of the Education Act 1996.
Although the legislation has not changed since 2011, The School Attendance (Pupil Registration) (England) Regulations 2024 and the Working together to improve school attendance guidance use the new term ‘mobile child’ to ‘describe any child of compulsory school age who has no fixed abode’ under the eligibility criteria.
The pupil is a mobile child and their parent(s) is travelling in the course of their trade or business and the pupil is travelling with them. A mobile child is a child of compulsory school age who has no fixed abode and whose parent(s) is engaged in a trade or business of such a nature as to require them to travel from place to place.
Schools should not unnecessarily ask for proof that the parent is travelling for occupational purposes, this should only happen when there is genuine and reasonable doubt about the authenticity of the reason for absence given. If there is doubt over the reason given, the school may ask for proof that the family are required to travel for occupational purposes during the period of absence.
To help ensure continuity of education for pupils, when their parent(s) is travelling for occupational purposes in England, it is expected that the pupil should attend a school where their parent(s) is travelling and be dual registered at that school and their main school.
This code is classified for statistical purposes as authorised absence.
Whilst for statistical purposes this is counted as authorised absence, if a pupil’s attendance was to fall below an acceptable level consideration may be given to attendance enforcement.
When can the T code be used?
- Families do not need to be of no fixed abode/travelling permanently: Some of the wording of the 2024 guidance has caused confusion. The Department for Education have confirmed that the ‘mobile child’ only needs to be of no fixed abode whilst the parent is trading/working.
- The definition of ‘no fixed abode’ under the new guidance means that someone either does not have a settled place where they can live full-time, or they have a place where they can live full-time but they spend substantial periods of time not living there.
- A mobile child could be a child whose family travels all year round as part of their trade or business and has no permanent address at all, but it also includes a child who does have a fixed place to live (like a house), but does not live there for a substantial part of the year, if their parent is engaged in a trade or business that requires them to travel from place to place.
- If the child is absent from school while travelling with that parent, then code T applies.
When can the T code not be used?
- For events like weddings or funerals.
- Non-parent travel: If someone other than the child’s parents is taking them travelling.
Defence in the law
Parents can in some circumstances, present a defence against prosecution, under section 444(6) of the Education Act 1996. This defence applies where the child has no fixed abode, and the parent can prove that they are engaged in a trade or business that requires them to travel from place to place and that the child has been attending school as regularly as the trade or business permits.
If the child is aged 6 or older, the parent must also prove that the child has attended school for at least 200 sessions in the preceding 12 months. This is in addition to the requirement to prove that the child has attended as regularly as the trade or business permits, which means that if the trade or business permits the child to attend for more than 200 sessions, they should do so.
The Equality Act 2010
Schools are required to meet the Public Sector Equality Duty Act 2010, where [Romany Gypsy/Irish Traveller] is a protected characteristic as a legal ethnicity. A large proportion of Romany Gypsy and Traveller children are home schooled due to the difficulties faced in the education system, such as travelling for economic purposes.
The act states:
- Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—
- Remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;
- Take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it;
- Encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.
- Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act.
Responsibilities of the parent/guardian
Ensure that your child’s ethnicity has been registered with the school. You can ask the school to correct this or update it.
- If they are travelling for work, ensure they tell school ahead of time, 2 weeks’ notice is useful.
- Their child should attend as much school as possible so it does not impact on their learning.
- Have regular contact with their child’s school whilst travelling. Once a week is suggested.
- Support their child to complete the work set by schools whilst travelling.
- If staying in a new area for a week or more, the parent/guardian can register their child for a temporary place at any school – this is called ‘dual registration’.
Responsibilities of schools
- To allow pupils to travel with their parents for work purposes.
- Will ensure that the children’s attendance and absence are recorded accurately.
- To create learning packs for their pupils to complete when they are away.
- Arrange times for at least a weekly ‘check in’ with the family. This can be through a call or email.
- Schools will have time to seek additional support, if needed, from the advisory teacher.
- Contact the Local Authority if they have concerns.
- Mark pupil’s work and provide valuable feedback.
- Ensure missed opportunities such as parents evening, vaccinations and careers advice are supported on the pupil’s return.
Can schools remove Gypsy, Roma, Traveller and Showmen pupils from the school roll when they are travelling?
The simple answer is no.
There is legislation around when you can remove a child from your school roll.
A ‘base school’ is the school that a pupil from a Gypsy, Roma, Traveller and Showmen family most recently attended during the preceding 18 months, when the family was not travelling. The legislation calls it the ‘school of ordinary attendance’.
If a school is the base school for a dual registered pupil from a Gypsy, Roma, Traveller and Showmen family, the law says the school cannot remove that pupil from the register just because they have registered at another school. However, nothing prevents schools other than the base school from doing so if the pupil is no longer attending. If a school needs specific advice regarding removing a pupil from its register, it should consult its local authority before taking any action.
Some parents have found their children being removed from the register of the base school while they are away travelling, so there is no place for them when they return. This should not happen and, if parents/carers find that it has, they should contact Devon County Council.
Gypsy, Roma, Traveller and Showmen children who are registered at one school can only be deleted in the same way as other such pupils. For example, pupils cannot be deleted if the school has authorised the leave of absence for the purposes of travelling. But if they were an unauthorised absence for 4 weeks and neither the school nor the Gypsy, Roma, Traveller and Showmen Team have managed to locate them then they could be deleted.
Schools to action:
Complete destination field on SIMS, School Leaver’s Form (SL1) and Children Missing Education Form (CME1) if appropriate. Forward to ONE Data Team.
Dual registration of Gypsy, Roma, Traveller and Showmen Pupils
The law allows for dual registration of pupils at more than one school. The D code can be used in the school register of the base school/school of normal attendance for a Gypsy, Roma, Traveller and Showmen pupil when the pupil is away travelling and is known to have registered at another school.
The school at which the pupil is scheduled to attend must record the pupil’s attendance and absence with the relevant code. Code D may only be used by either school for a session where the pupil is scheduled to attend the other school at which they are registered. Schools should ensure that they have in place arrangements whereby all unexpected and unexplained absences are promptly followed up.
Should school supply work for the pupil when travelling?
- When it is known that a family is going travelling the school should supply learning packs/links.
- Discuss with the family how you can stay in regular contact. This will help the pupil to continue to feel part of your community and access to the same opportunities as their peers.
Promoting an inclusive ethos
To promote an inclusive ethos, schools should:
- Set high expectations for the attainment, attendance and inclusion of all pupils, including Gypsy, Roma, Traveller and Showmen pupils
- Raise awareness of Gypsy, Roma, Traveller and Showmen history and culture through assemblies and events like book week, including oral storytelling
- Adopt a zero-tolerance approach to bullying