Code of practice for the implementation of parenting contracts and orders

Parenting contracts

The parenting contract form (appendix 5 ^{(PDF, 188kb)}) should be completed at all parenting contract meetings held. This would usually be at stage two (formal action) of the three-stage approach to managing attendance. Parenting contracts should incorporate the following:

1. A statement by the parent that they agree to comply for a specified period with whatever requirements are specified in the contract; and
2. A statement by the LA or governing body agreeing to provide support to the parent for the purpose of complying with the contract

Providing sufficient steps have been taken to investigate and address any underlying causes of non-attendance, and that a pupil’s attendance or behaviour continues to be of concern, the school and/or LA should consider a parenting contract prior to considering statutory enforcement action such as a penalty notice, school attendance order or prosecution.

Schools should follow their own attendance and behaviour policies and take account of the DfE document ‘Guidance on Education–related parenting Contracts Parenting Orders and Penalty Notices’.

Parenting contracts are voluntary but any non-compliance should be recorded by the school or local authority as it may be used as evidence in court where an application is made for a parenting order. Parenting contracts can apply to each and every parent coming within the definition of a parent (s.576 Education Act 1996).

The education parenting contract meeting - stage two, formal attendance action

If it's agreed that a parenting contract may be beneficial in improving school attendance, an attendance and inclusion meeting should be arranged by the lead professional as per stage two of the three-stage approach. Parenting contracts should be used as the preferred option when attendance has not improved following attendance action at stage one, but where parents continue to be willing to engage with the school and/or the LA and need additional support. Schools should hold such meetings with the aim of agreeing on a parenting contract for pupils on their school roll, regardless of where they live. To enable the best possible outcomes of such a meeting, the agency leading the meeting should consider the following elements:

1. Depending on the pupil’s age and maturity the pupil should be invited to attend
2. The requirements and support elements should be agreed and both parties should write up the contract together and sign it. If it is desirable to have different requirements for each parent, separate contracts can be drawn up. All persons involved should be given a copy of the contract
3. It may be appropriate to give copies to other agencies currently involved with the family
4. A reasonable limit should be set for the time limit of the contract; there's a 12-month legal time limit for parenting orders which provides a guide regarding the appropriate maximum time a contract should apply, although, a duration of one term would realistic and appropriate in most cases
5. How progress is to be monitored and contact and liaison with the parent maintained during the duration of the contract should be written into the contract for clarity
6. The likely consequence of a failure to adhere to the contract

Responsibility for drawing up the parenting contract and what it should contain

As per the attendance procedures detailed above, the lead professional is responsible for drawing up the contract with support from EIT. Alternatively, the governing body of a school (or the person delegated by them - for example, the head teacher) is able to draw up the contract. In schools, the name of the governing body should appear on the contract since they have responsibility for the school budget. The head teacher may commit funds on behalf of the governing body where the governing body has chosen to delegate this power.

The LA representative (usually the lead professional or SEWO) and school should liaise prior to entering into the contract to share information between themselves and other appropriate agencies.

Breaching the contract

There's no liability for breaching a parenting contract. However, any breach of the parenting contract should be recorded so it can be presented to the court in prosecution proceedings if necessary. Where a contract is breached, the trigger for statutory attendance action at stage three is likely to be met and an attendance and inclusion consultation with a local authority SEWO should be sought by the school or lead professional.

Financing parenting contracts

The responsibility for any funding required by the contract will be that of the agency with whom the funding sits in the normal course of events.

Page last updated: 16 January 2023