Can You Keep Kids Off School When It’s Hot? What A Lawyer Says

This week has been toasty (yet again) across the UK – with the evenings not offering much respite either.

It’s meant children’s bedtimes and sleep have been hugely disrupted which is, in turn, impacting their mood. You might be seeing more meltdowns on the playground during drop-offs, with young kids seeming more lethargic, tearful and clingy than usual.

Add that to the fact plenty of older school buildings do not having air conditioning installed, and you’ve got yourself a recipe for hot, bothered and exhausted children.

Some parents might be tempted to let them stay at home for the odd day, where it’s cooler and they can rest, but Samantha Hale, an education solicitor at HCB Widdows Mason, warns they could face fines for doing so.

“Parents cannot take their child out of school unless it closes and, if they do, it will count towards their unauthorised absences, risking fines,” she explained.

The solicitor said it’s “unclear” when schools can close.

Guidance from the Department for Education, which was issued during the most recent heatwave, states that schools can close temporarily if conditions become ‘unsafe’, she explained.

“Therefore, it would be up to the individual school to determine whether conditions are unsafe for pupils and staff to attend due to the heat and, if so, they can temporarily close.”

During the recent heatwave where a red health alert was issued for much of southern England and Wales, a number of schools closed – or opted to send pupils home early – to keep everyone safe.

But again, it’s at the school’s discretion. Usually senior staff will take a number of factors into account before they choose to shut.

The National Education Union (NEU) has said that “because of the nature of the way in which education staff work, and the presence of children, a maximum indoor working temperature of 26°C is appropriate”. On 22 June, it called for urgent funding to make schools safe in the hot weather.

The month before that, the Climate Change Committee (CCC) also published a report urging the UK government to improve infrastructure for “better cooling” – including air con in schools – as the climate heats up.

Children are more vulnerable to the effects of heat stress as they “sweat less per kilogram than adults and have a higher metabolism, which means they get hot quicker”, according to Unicef.

They’re also outdoors a lot more – playing, running around and engaging in sports – which puts them more at risk for heat exposure.

Young children are also at risk of dehydration as they won’t always remember to drink lots of water, which can be dangerous to health.

“Schools have a duty to keep pupils safe during a heatwave and, if they cannot, the school should temporarily close,” added Hale.

“However, if parents feel that the school conditions are unsafe for their child, they should raise their concerns with the school and see what their response is.”

This echoes government guidance which suggests if a child has a specific health condition that makes them vulnerable in the heat, they should speak to the school directly “so staff can make any additional adjustments needed”.

The lawyer added that if a school deems it safe to open, “pupils should attend and, if not, parents could face a non-attendance fine or prosecution”.

Parents might face a fine if a child’s absence is classed as ‘unauthorised’.

All schools are “required to consider a fine when a child has missed 10 or more sessions (5 days) for unauthorised reasons”, reads government guidance. A full day at school – morning and afternoon – is considered two sessions.

A child’s previous attendance counts, too. So, if they’ve had unauthorised absences in the past, these also count towards the five-day tipping point where a fine would be considered.

Hale added that parents who receive a non-attendance fine for keeping kids at home when it’s hot can appeal it, “but there is no guarantee it would be successful, as the school would argue in these cases that it was safe for children to attend”.