Headteachers may refuse to fine parents who keep children at home in September

Headteachers have threatened to undermine the Government's plan to reopen schools in September by refusing to punish parents who keep their children at home.

Teaching unions said many would use a loophole in the law to avoid levying fines on parents failing to send their children to classes.

Some headteachers, however, urged the Government to tighten the rules to ensure that parents without a valid excuse are fined for the non-attendance of their children.

It comes amid widespread fears that continuing school closures risk harming the life chances of a generation of children.

This week, Gavin Williamson, the Education Secretary, is expected to announce that attendance will be compulsory when primary and secondary schools fully reopen in September.

That means parents who refuse to send their children to lessons because of coronavirus fears will face fines of £60, rising to £120. If they refuse to pay and are then prosecuted, the maximum penalty rises to £2,500 and three months in prison.

Under current laws, however, headteachers have the discretion to authorise absences in "exceptional circumstances", something usually reserved for religious reasons or the death of a close relative.

Teaching unions suggested many headteachers would use the loophole to allow parents who are concerned about health risks to keep their children off school without fear of being fined.

Geoff Barton, the general secretary of the Association of School and College Leaders (ASCL), the main union for secondary headteachers, told The Telegraph: "Our members will have a generosity of spirit and may well feel sympathetic to parents who might fear for their child's safety.

"I think it unwise to bring in fines in September. Headteachers should not be put in this position. We should learn from other countries where many parents have been concerned to send their kids to school.

"We should be playing the long game here, and the public need to have much more confidence that reopening schools will be completely safe. Bringing in the fines also risks pouring further misery on disadvantaged families."

Since the virus pandemic struck, the Government has effectively suspended fines for parents who keep their children out of school.

But in an interview with the The Mail on Sunday, Boris Johnson signalled that the amnesty would end when schools fully reopen.

"We need to get the kids back into school. I want all pupils back in school in September," the Prime Minister said. Asked whether that would be compulsory, he replied: "Yes. It's the law."

The Government's announcement later this week will outline exceptions to the rules, including for children with certain medical conditions or from households in which someone is self-isolating with coronavirus symptoms, it is understood.

But some headteachers urged the Government to close the loophole that allows parents without a valid excuse to escape fines.

"If it's deemed safe enough for schools to return, parents should have an obligation to send their children to classes," said Rob Campbell, the CEO of the Morris Education Trust, a multi-academy trust in Cambridgeshire. "There have to be consequences for not doing so.

"It could be another 18 months until a vaccine comes along, so are we really saying children can be kept off school until then? That's madness.

"I do fear that many heads – especially of smaller schools – may fall victim to the 'pester power' of parents and give in. So I think the Government should make sure there is little room for manoeuvre in the rules."

The Telegraph understands that the Government plans to scrap social distancing in schools, while "bubbles" will be expanded to enable all pupils to return to their classes full-time.

Pupils will not be expected to keep two metres or even one metre apart at all times while in school buildings. Instead, schools will be asked to focus on limiting the extent to which children mix outside their class or year group and on implementing strict handwashing.

A Department for Education spokesman said: "Throughout the pandemic, we have been guided by the scientific evidence.

"We are working across Government and with the sector to ensure plans for a full return in September are in place, and we will publish further information in the coming days."