Absence due to child performance
Requests for absence to take part in activities requiring a Child Performance Licence
The September 2013 pupil registration regulations amendment regarding absence during term time does not affect authorisation of absence for child performances. The Education (Pupil Registration) (England) (Regulations)2006, 7(1)(a) states that leave of absence may be granted to enable employment for the purpose of taking part in a performance within the meaning of section 37 of the Children and Young Persons Act 1963 (c) under the authority of a licence granted by the local authority.
Section 37(4) of the C&YP Act states if a local authority is satisfied that (where performance dates are given) a child’s education will not suffer by taking part in a performance, then: ‘in the case of an application duly made for a licence under this section which they have the power to grant, they shall not refuse to grant the licence’
Department for Education guidance (Child performance and activities licencing legislation in England, February 2015), section 3.2.1 states: ‘In accordance with section 37(7) of the 1963 Act, where a licence is issued and it specifies the dates that a child is to be away from school to perform then the child’s absence from school is deemed to have been granted such that permission is not needed from the school’
Before granting a licence, the local authority must be satisfied that the child’s education will not suffer. A school letter is requested as part of the licence application as confirmation of this. If a school believes a child’s education will suffer as a result of taking part in a performance, they should provide reasons to the local authority in writing. The information must be specific to the child (saying for example that it is against school policy is not sufficient). If the school does not provide such information the local authority will issue the licence.
Further information on child performance in Hertfordshire is available on the Hertfordshire County Council's website:
Hertfordshire County Council: Children's performance licences