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Attendance at College and Fitness to Study

If your young person struggles with their attendance at college a key difference between college and school is that young people can be removed from a course in a college where as they cannot be removed from a school roll unless they are permanently excluded or their parent or carer requests they are removed. This is in part down to the way colleges are funded.  

ESFA Funding Regulations for post‑16 provision (16–19) states that; 

“Institutions must withdraw a student who has not attended or otherwise engaged in learning for four continuous weeks.”  (Paragraph 63) 

The ESFA defines a student as “no longer in learning” if they have not attended or engaged for 4 continuous weeks.   

At that point:

  • The student must be withdrawn in the ILR  
  • Funding cannot continue  
  • The withdrawal date must reflect the last date of attendance or engagement   

This applies to all 16–19 study programmes, including those with EHCPs. However the ESFA also says providers must comply with the Equality Act 2010 and make reasonable adjustments for disabled learners. 

A Fitness to Study policy is something colleges use to help support students if their physical health, mental health, or wellbeing is making it hard for them to manage college life. 

The aim is to help, not to punish. Colleges use this process to understand what a student might be struggling with and to put support in place so they can stay safe and succeed in their studies. 

Why might a college use this process? 

A college may consider using a Fitness to Study policy if they are worried that a student is:

  • finding it hard to attend lessons or complete their work
  • struggling to cope with college life
  • at risk of harm to themselves
  • behaving in a way that could affect their own safety or the safety of others
  • finding it difficult to engage, even after extra support has been offered 

What happens during the process? 

Colleges usually take a step-by-step approach: 

  • Early support: They will often start by talking to the student informally and offering help
  • More structured support: If concerns continue, there may be more formal meetings and a clear plan put in place
  • Reviews: The college will check how things are going and whether the support is working 

The focus is on working with the student (and sometimes their family) to find the best way forward. 

What support might be offered? 

This can include:

  • extra support for learning or coursework
  • reasonable adjustments (for example, changes to timetables or expectations)
  • wellbeing or mental health support
  • a personalised action plan 

In more serious situations, the college may decide that a temporary break from studies is needed to allow the student time to recover. This is usually a last resort and is intended to protect the student’s wellbeing. 

Can someone support the student? 

Yes. During more formal meetings, students are usually allowed to bring someone with them, such as:

  • a parent or carer
  • a friend
  • a support worker or representative 

Who does this apply to? 

Fitness to Study policies usually apply to all students, including: 

  • full-time and part-time students
  • apprentices
  • sometimes even applicants 

They can cover everything linked to college life, including lessons, campus activities, accommodation, and placements. 

Each college will have its own version of this policy, so it’s always a good idea to check the college’s website to read their policy.

A Fitness to Study policy is something colleges use to help support students if their physical health, mental health, or wellbeing is making it hard for them to manage college life. 

The aim is to help, not to punish. Colleges use this process to understand what a student might be struggling with and to put support in place so they can stay safe and succeed in their studies. 

Why might a college use this process? 

A college may consider using a Fitness to Study policy if they are worried that a student is:

  • finding it hard to attend lessons or complete their work
  • struggling to cope with college life
  • at risk of harm to themselves
  • behaving in a way that could affect their own safety or the safety of others
  • finding it difficult to engage, even after extra support has been offered 

What happens during the process? 

Colleges usually take a step-by-step approach: 

  • Early support: They will often start by talking to the student informally and offering help
  • More structured support: If concerns continue, there may be more formal meetings and a clear plan put in place
  • Reviews: The college will check how things are going and whether the support is working 

The focus is on working with the student (and sometimes their family) to find the best way forward. 

What support might be offered? 

This can include:

  • extra support for learning or coursework
  • reasonable adjustments (for example, changes to timetables or expectations)
  • wellbeing or mental health support
  • a personalised action plan 

In more serious situations, the college may decide that a temporary break from studies is needed to allow the student time to recover. This is usually a last resort and is intended to protect the student’s wellbeing. 

Can someone support the student? 

Yes. During more formal meetings, students are usually allowed to bring someone with them, such as:

  • a parent or carer
  • a friend
  • a support worker or representative 

Who does this apply to? 

Fitness to Study policies usually apply to all students, including: 

  • full-time and part-time students
  • apprentices
  • sometimes even applicants 

They can cover everything linked to college life, including lessons, campus activities, accommodation, and placements. 

Each college will have its own version of this policy, so it’s always a good idea to check the college’s website to read their policy.

The college should:

Record the absence as authorised  

  • Maintain contact  
  • Record any engagement (phone calls, emails, welfare checks)  
  • Plan a supported return  
  • Avoid withdrawal unless the student genuinely disengages  
  • Document reasonable adjustments   

The ESFA does not require physical attendance — it requires attendance OR engagement. 

From the Funding Regulations: 

“Engagement may include remote learning, online activity, or other evidence that the student is continuing in learning.”   

(Funding Regulations 2024–25, paragraph 61) 

This means:

  • A welfare call  
  • An email  
  • A remote check‑in  
  • A piece of online work   

…all count as “engagement”. 

So a disabled student does not need to be withdrawn if they are still engaging in any way. 

The college should:

Record the absence as authorised  

  • Maintain contact  
  • Record any engagement (phone calls, emails, welfare checks)  
  • Plan a supported return  
  • Avoid withdrawal unless the student genuinely disengages  
  • Document reasonable adjustments   

The ESFA does not require physical attendance — it requires attendance OR engagement. 

From the Funding Regulations: 

“Engagement may include remote learning, online activity, or other evidence that the student is continuing in learning.”   

(Funding Regulations 2024–25, paragraph 61) 

This means:

  • A welfare call  
  • An email  
  • A remote check‑in  
  • A piece of online work   

…all count as “engagement”. 

So a disabled student does not need to be withdrawn if they are still engaging in any way. 

If the young person does meet the definition of disabled under the Equality Act, colleges must:

  • Not treat a disabled student unfavourably because of something arising from their disability  
  • Make reasonable adjustments to prevent disadvantage  
  • Avoid policies that indirectly discriminate   

If a student is absent because of:

  • A mental health crisis  
  • A hospital stay  
  • Recovery from injury  
  • Disability‑related fatigue  
  • Medication changes   

…then withdrawing them automatically after 4 weeks could be unlawful. 

If the young person does meet the definition of disabled under the Equality Act, colleges must:

  • Not treat a disabled student unfavourably because of something arising from their disability  
  • Make reasonable adjustments to prevent disadvantage  
  • Avoid policies that indirectly discriminate   

If a student is absent because of:

  • A mental health crisis  
  • A hospital stay  
  • Recovery from injury  
  • Disability‑related fatigue  
  • Medication changes   

…then withdrawing them automatically after 4 weeks could be unlawful. 

Colleges can — and should — adapt the rule for disabled students by: 

  • Allowing longer authorised absence  
  • Recording engagement through welfare calls, online work, or check‑ins  
  • Offering remote learning temporarily  
  • Pausing the programme and restarting later  
  • Creating a phased return plan  
  • Using authorised absence codes to avoid triggering withdrawal   

The ESFA explicitly allows engagement to count, not just physical attendance. 

Colleges can — and should — adapt the rule for disabled students by: 

  • Allowing longer authorised absence  
  • Recording engagement through welfare calls, online work, or check‑ins  
  • Offering remote learning temporarily  
  • Pausing the programme and restarting later  
  • Creating a phased return plan  
  • Using authorised absence codes to avoid triggering withdrawal   

The ESFA explicitly allows engagement to count, not just physical attendance. 

Although this funding regulation itself is not discriminatory, how a college applies it can be. For example, if a college applies the 4‑week rule rigidly, without making reasonable adjustments, it can amount to disability discrimination under the Equality Act 2010. 

ESFA funding rules do not override the Equality Act. The ESFA states that institutions must comply with the Equality Act in all aspects of provision.   

A college risks unlawful discrimination if they:

  • Withdraw a student without considering the disability‑related reason for absence  
  • Fail to make reasonable adjustments  
  • Apply the 4‑week rule rigidly  
  • Ignore medical evidence  
  • Fail to record engagement  
  • Treat disabled students the same as non‑disabled students (“equality ≠ sameness”)   

Although this funding regulation itself is not discriminatory, how a college applies it can be. For example, if a college applies the 4‑week rule rigidly, without making reasonable adjustments, it can amount to disability discrimination under the Equality Act 2010. 

ESFA funding rules do not override the Equality Act. The ESFA states that institutions must comply with the Equality Act in all aspects of provision.   

A college risks unlawful discrimination if they:

  • Withdraw a student without considering the disability‑related reason for absence  
  • Fail to make reasonable adjustments  
  • Apply the 4‑week rule rigidly  
  • Ignore medical evidence  
  • Fail to record engagement  
  • Treat disabled students the same as non‑disabled students (“equality ≠ sameness”)   

Step 1 — Ask for the evidence 

Parents can request:  

  • Attendance records  
  • Engagement logs  
  • Notes of welfare calls  
  • Evidence of reasonable adjustments  
  • Medical evidence considered  

🌟 Step 2 — Make a formal complaint to the college 

Parents can state in an e-mail or letter to the college: 

“I believe the college has failed to comply with its duties under the Equality Act 2010, including the duty to make reasonable adjustments and the prohibition on discrimination arising from disability (s.15). I request the withdrawal decision is reviewed.” 

Colleges must respond under their complaints policy. 

Step 3 — Escalate to the Education & Skills Funding Agency (ESFA) 

If the college does not resolve the issue, parents can complain to the ESFA: 

📄 ESFA complaints process:   

https://www.gov.uk/complain-further-education-apprenticeship  

The ESFA will investigate whether the college followed funding rules and equality law. 

Step 1 — Ask for the evidence 

Parents can request:  

  • Attendance records  
  • Engagement logs  
  • Notes of welfare calls  
  • Evidence of reasonable adjustments  
  • Medical evidence considered  

🌟 Step 2 — Make a formal complaint to the college 

Parents can state in an e-mail or letter to the college: 

“I believe the college has failed to comply with its duties under the Equality Act 2010, including the duty to make reasonable adjustments and the prohibition on discrimination arising from disability (s.15). I request the withdrawal decision is reviewed.” 

Colleges must respond under their complaints policy. 

Step 3 — Escalate to the Education & Skills Funding Agency (ESFA) 

If the college does not resolve the issue, parents can complain to the ESFA: 

📄 ESFA complaints process:   

https://www.gov.uk/complain-further-education-apprenticeship  

The ESFA will investigate whether the college followed funding rules and equality law. 

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In this section

  1. Supporting your young person to plan for their future
  2. Transitioning to college with SEND but with no EHCP
  3. Moving on after school with an EHCP - The Post 16 Phase Transfer
  4. Where can my young person go to college?
  5. SEND Independence Hubs
  6. Supported Internship Programme
  7. What other options are there when your young person turns 16?
  8. Going to university
  9. Attendance at College and Fitness to Study