School Refusal and Autism in Kent: What Parents Can Do

1. What Is EBSA (Emotionally Based School Avoidance)?

Watching your child break down every morning, unable to get through the school gates, is one of the hardest things a SEND parent faces. The distress is real — the physical symptoms (stomach aches, headaches, panic attacks), the tears, the absolute inability to move forward. And then there's the added weight of a school system that sometimes treats this as defiance or a choice.

Some services use the term emotionally based school avoidance (EBSA) for attendance difficulties associated with emotional distress. It is not a single diagnosis or an explanation for every absence. Explore the individual barriers with the child, family, school and relevant professionals.

Possible barriers to explore include the following. Do not assume that one cause applies to every child:

• Sensory overload: Bright lights, loud corridors, the noise of a canteen, scratchy uniform — the sensory environment of a typical school can be genuinely intolerable for an autistic child
• Social anxiety: Navigating playground dynamics, group work, unstructured social time — areas many autistic children find exhausting and frightening
• Unmet SEND needs: When a child has not received appropriate support, school becomes associated with failure, humiliation, and distress
• Lack of predictability: Cover teachers, timetable changes, fire drills — unexpected changes that most children absorb can be destabilising for autistic pupils

The DfE statutory attendance guidance, updated July 2026, says schools should identify individual barriers, work with families and services, and consider reasonable adjustments. Attendance processes still apply to pupils with SEND or mental-health-related absence. Legal intervention is a last resort and decisions must consider the individual circumstances, support offered and relevant duties; there is no blanket SEND exemption.

2. Your Child's Legal Rights

Understanding the legal framework gives you the tools to push back on schools and local authorities who are not meeting their obligations. Here is what the law actually says:

Right to a suitable education

Children of compulsory school age must receive a suitable education. “Suitable” means appropriate to the child’s age, ability, aptitude and any special educational needs. Parents, schools and local authorities have different duties under the Education Act 1996; the relevant duty depends on the circumstances.

Duty to arrange suitable alternative provision

Under section 19 of the Education Act 1996, KCC must arrange suitable education for a child of compulsory school age who, because of illness, exclusion or another reason, would otherwise not receive it. This is normally full-time; where health needs make full-time education contrary to the child’s best interests, suitable part-time education may be required. The duty depends on the individual facts, including whether suitable existing education is reasonably accessible.

If your child is missing suitable education, write to KCC explaining the barriers, what education is currently available and why it cannot be accessed. Ask for its written decision on section 19 and the arrangements needed. An EHCP is not a prerequisite. See IPSEA’s alternative education guidance and DfE guidance for children with health needs. Seek advice before removing your child from the school roll or opting for elective home education.

Disability and reasonable adjustments

Disability is a protected characteristic under the Equality Act 2010. Autism can meet the Act’s definition: an impairment with a substantial, long-term adverse effect on normal day-to-day activities. A diagnostic label is not the test by itself. Schools have duties including reasonable adjustments for disabled pupils to avoid substantial disadvantage; which adjustments are reasonable depends on the circumstances. See section 4 and section 6.

Right to EHCP support

Attendance difficulties and evidence of unmet needs may support an EHC needs assessment request. The legal test is whether your child has or may have SEN and whether special educational provision through an EHC plan may be necessary. The attendance label alone does not determine eligibility.

3. What the School Should Be Doing

When a pupil is experiencing EBSA, the school has specific responsibilities. If these are not being met, document the gap — it forms part of your evidence base for an EHCP application.

Individual risk assessment and support plan

The school should carry out an individual assessment of your child's anxiety and barriers to attendance, and produce a tailored support plan. Alongside the attendance process, the plan should identify the child’s particular barriers, agreed support and how progress will be reviewed.

Reasonable adjustments

Under the Equality Act 2010, the school must make reasonable adjustments. These might include: a phased return after a period of absence, a quiet entry route, permission to leave lessons five minutes early to avoid corridor crowds, exemption from assembly, or a named safe adult.

Meaningful involvement of parents

The school should be working with you — not simply sending attendance letters or threatening referrals. If meetings are not happening or your concerns are being dismissed, write to the headteacher formally and copy in the SENCO.

Referral to appropriate professionals

If anxiety is a significant factor, the school should consider referral to an educational psychologist or CAMHS. Families should not have to navigate this alone.

4. Requesting an EHCP or Amending an Existing One

Attendance records, incident logs and communication with the school may help show your child’s needs and the support required. Under section 36(8) of the Children and Families Act 2014, KCC must assess where the child has or may have SEN and it may be necessary for special educational provision to be made through an EHC plan. You do not have to prove a fixed number of failed SEN Support cycles. See IPSEA’s assessment-request guidance.

If your child doesn't have an EHCP

Request an EHC needs assessment through Kent County Council's current online service. Include:

• A log of refused days and any patterns you have noticed
• Emails or letters from the school showing what has been tried
• Any reports from CAMHS, paediatricians, or other professionals
• A clear description of how EBSA is impacting your child's education and emotional wellbeing

If your child already has an EHCP

If an EHCP is already in place and needs or circumstances have changed, you can ask KCC for an early review. Explain the changes, what education is being missed and the amendments you believe are needed. “Emergency annual review” is not a separate statutory process, and your request does not create a new fixed decision deadline. Raise missing Section F provision or the need for section 19 education immediately; you do not need to wait for a review to raise those issues. See our annual-review guide.

5. EOTAS — Education Other Than at School

EOTAS means special educational provision made otherwise than in a school or other relevant institution. Under section 61 of the Children and Families Act 2014, KCC must be satisfied that making the relevant provision in a school or other relevant setting would be inappropriate. The question is not simply whether the current mainstream school can meet your child’s needs. Attendance difficulties at one school do not establish this test by themselves.

An EHCP can specify some or all provision outside school. Where no school or institution is to be attended, Section I should be blank and Section F should specify the EOTAS package. EOTAS is provision, not a school name, and differs from elective home education.

Depending on the child’s assessed needs and the agreed package, EOTAS provision may include:

• Home tuition funded by Kent County Council
• Online learning programmes
• A package of provision from multiple providers (tutors, specialist centres, therapeutic input)
• Part-time attendance at school combined with home learning

Ask KCC to consider the evidence against the section 61 test and explain its decision. Seek advice about the package, school registration and any appeal right before choosing elective home education or changing enrolment. IPSEA explains the EOTAS test and how Sections F and I work.

6. Kent-Specific Steps to Take Now

If your child is experiencing EBSA right now, here are the concrete steps to take in order:

1. Contact IASK (Kent SENDIASS) — free, impartial advice, can attend meetings with you: iask.org.uk | 03000 41 3000
2. Write formally to the school SENCO and headteacher — set out what is not working, what you need, and your concerns about your child's wellbeing. Email is best — create a paper trail.
3. Keep a detailed log — date, what happened, how your child presented, how many hours of education were missed. This is your evidence base.
4. Request an EHC needs assessment from Kent County Council if one is not already in place — use the free template linked above.
5. Contact Not Fine In School (notfineinschool.co.uk) — peer support network and templates for families navigating EBSA.
6. If the LA is not responding, contact IPSEA on 0300 222 5899 for advice on legal escalation.

7. Sensory Tools That May Help

While rights and legal processes are essential, many Kent parents also find that the right sensory tools make a practical difference in managing the school environment — particularly for autistic children sensitive to noise or sensory overload.

If noise is one of the barriers to attending school, discuss the environment and possible adjustments with the school and relevant professionals. Hearing protection may be one option to discuss alongside quieter spaces, predictable routines and changes to the setting. A product alone does not resolve every cause of attendance difficulty.

A sensory need in Section B should be matched with appropriate special educational provision in Section F. It does not automatically establish that a particular product is required. Ask the relevant professional and school what support is suitable; where equipment forms part of the required provision, ask for its use and supply to be specified clearly.

Ad — affiliate buying guide: Our sensory products guide includes commercial links and questions about suitability. SENDPath may receive a commission; this is not evidence that a product is appropriate for your child.

8. Frequently Asked Questions