Local education authorities have an obligation to provide full-time education for Traveller children of compulsory school age during the time they are staying within the local authority. Although Traveller children should attend school on the same basis as all other children, the law recognises the special position of Traveller families. The law is designed to protect Traveller parents from unreasonable prosecution for the non-attendance of their children at school. It does not mean that part-time education for Traveller pupils is legally acceptable, nor does it relieve parents of their primary duty to ensure that their children are receiving suitable education when not at school.
What is the definition of Travellers?
The DFE Attendance Advice (2008):
a) i. Gypsies inc. Romanies, Romanichals, Welsh Gypsies/Kaale, Scottish Gypsies/Travellers; ii. Irish Travellers, Minceir; iii. Roma from Eastern and Central Europe; iv. Showmen (Fairground people); v. Circus people; vi. Boat Travellers/Bargees; vii. New Travellers or New Age Travellers;
b) the parent/carer is engaged in a trade or business of such a nature that requires them to travel from place to place. This advice on school attendance only applies to families who meet the criteria at both a) and b) above. In this advice the term ‘travelling’ means travelling as part of the parents’/carers’ trade or business.
It does not mean travelling as part of a holiday or extended holiday.
Traveller parents have a defence against prosecution if they can demonstrate that:
- they are engaged in a nomadic trade or business that requires them to travel from place to place;
- the child has attended school as a registered pupil as regularly as the nature of that trade or business permits;
- the child, where aged six or more, has attended school for at least 200 sessions (half days) during the preceding twelve months.
Our aim is to ensure that Traveller children attend school as regularly and as frequently as possible. The interest of the child needs to be balanced with a sensitive and sympathetic approach which recognises the lifestyle and cultural traditions of family life.
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