Today, Friends, Families and Travellers received confirmation about who is eligible to use the ‘T code’ under new government guidance.
The Department for Education has published new guidance on the use of the T code, which allows authorised absences for Gypsy, Roma, Traveller and nomadic pupils who are travelling with their parents for work, as part of the Section 444(6) of the Education Act 1996.
Although the legislation has not changed since 2011, The School Attendance (Pupil Registration) (England) Regulations 2024 and the Working together to improve school attendance guidance use the new term ‘mobile child’ to ‘describe any child of compulsory school age who has no fixed abode’ under the eligibility criteria.
These new terms have been interpreted differently by local authorities (LAs) and schools, resulting in some Gypsy and Traveller families living in settled accommodation believing the T code can no longer be used for their child.
In response to feedback from Friends, Families and Travellers and other organisations, the Department for Education has confirmed that no legal or policy changes have been made about who is covered by the T code.
Providing further information around how the definition of ‘mobile child’ should be applied, the Department for Education elaborated:
‘No fixed abode’ means that someone either does not have a settled place where they can live full-time, or they have a place where they can live full-time but they spend substantial periods of time not living there.
Essentially, according to new guidance, a ‘mobile child’ is any pupil whose family travels as part of their trade or business, and:
- Has no permanent address.
Or
- Has a fixed place to live (including a house), but does not live there for a substantial part of the year due to travel.
If the child is absent from school while travelling with that parent, then code T applies.
This means that parents who previously used the T code to take their child out of school to travel for work will still be able to under the new guidance.
Friends, Families and Travellers have raised concerns to the Department for Education about the use of ‘substantial part of the year’, and are waiting to hear back about removing it from the guidance.
Schools and LAs must apply this definition when considering the provisions for a mobile child in the 1996 Act, the 2024 Regulations, and the accompanying statutory guidance.
If you are experiencing issues with taking your child out of school under the T code, you can send our template letter setting out the guidance to the school.
For support or more information, see our advice page or contact our Helpline on 01273 234 777, Monday – Friday, 10am-4:30pm.
ENDS
About Friends, Families and Travellers (FFT)
Friends, Families and Travellers is a leading national charity that works to end racism and discrimination against Gypsy, Roma and Traveller people and to protect the right to pursue a nomadic way of life.
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Additional Resources
Working together to improve school attendance: Statutory guidance for maintained schools, academies, independent schools and local authorities. Department for Education. August 2024. Read.
The T Code Advice Section. Friends, Families and Travellers. Updated August 2024. Read.
