Contact: Jim McGilvery (Deputy Principal Education Welfare Officer) 02380 812113

e-mail: [email protected]

1. Report

1.1 This report recommends that the County Education Officer, on behalf of the County Council and having regard to any consultation responses, be empowered to adopt a Code of Conduct for the issuing of Penalty Notices in respect of unauthorised absence.

1.2 This decision supports Aim 1 of the Corporate Strategy, "Maximising life opportunities" through promoting regular school attendance and Aim 4 "Building safe and strong communities".

1.3 The County Council, as the Local Education Authority (LEA), is required by legislation to adopt a Code of Conduct for the issuing of Penalty Notices in respect of unauthorised absence in Hampshire. Before doing this, the LEA must have undertaken consultation in accordance with the legislation. The Department for Education and Skills (DfES) has indicated that all LEAs should have a Code of Conduct in place by 31 December 2004. A failure to do so may result in the Secretary of State requiring the LEA to prepare a draft Code for his approval.

1.4 The views of local County Councillors have not been sought as the Code of Conduct relates to the whole of Hampshire.

2. Legal Background

2.1 Section 23 of the Anti-Social Behaviour Act 2003 empowers authorised officers of the Local Education Authority, Headteachers (and deputy and assistant headteachers if authorised by them) and the police (including persons accredited by them) to issue Penalty Notices in cases of unauthorised absence from school.

2.2 The Education (Penalty Notices)(England) Regulations 2004 require the Local Education Authority, in consultation with all of the above, to develop a code of conduct when issuing Penalty Notices. Any person in Hampshire issuing a Penalty Notice must do so within the terms of the code of conduct.

2.3 The LEA therefore issued a consultation document to all Headteachers of maintained Schools in Hampshire, their Governing Bodies and the Chief Constable of Hampshire Constabulary. Responses to this consultation are due to be returned by 17 December 2004. The period for consultation was at least four weeks. However an earlier draft of the Code of Conduct had been circulated to the Primary and Secondary Headteachers Standing Committees (Inclusion) for their comments as part of the consultation process.

3. Rationale for Issuing Penalty Notices

3.1 Regular and punctual attendance at school is both a legal requirement and essential if children are to maximise their educational opportunities.

3.2 Parents/carers are committing an offence if they fail to ensure the regular and punctual attendance of their child at the school at which the child is registered unless the absence has been authorised by the school.

3.3 Although current sanctions to enforce regular attendance exist under section 444 of the Education Act 1996 and section 36 of the Children Act 1989, the introduction of Penalty Notices by the government is aimed at offering a swift intervention which may be used to combat cases of unauthorised absence before the problem becomes too entrenched.

3.4 A Penalty Notice can be issued to a parent in the circumstances set out in the Code of Conduct. The penalty is £50 if paid within 28 days of receipt of the notice, rising to £100 if paid after 28 days but within 42 days of receipt. Failure to pay the penalty in full by the end of the 42 day period will automatically result in a prosecution for the offence to which the notice applies, unless the Penalty Notice is withdrawn (which can only be done in limited circumstances).

3.5 The purpose of the Code of Conduct is to ensure that these new powers are applied consistently and fairly across Hampshire LEA and that suitable arrangements are in place for the administration of the scheme.

3.6 The LEA is required by the legislation to include in the Code of Conduct certain measures to ensure consistency in the issuing of Penalty Notices. The LEA must also have regard to the guidance on Penalty Notices issued by the DfES.

4. The Consultation Document

4.1 Although Headteachers (and designated persons on their behalf) and Police Constables have been given powers, along with LEA officers, to issue Penalty Notices, the LEA is recommending that all Penalty Notices in Hampshire should be issued by the LEA via the Education Welfare Service (EWS) in order to ensure there is consistency across the county.

4.2 The LEA has therefore prepared a draft `Code of Conduct - draft A' which reflects this recommendation. If this is not supported an alternative `Code of Conduct - draft B' has also been prepared.

4.3 Both drafts of the Code of Conduct reflect the DfES guidance and are attached as Appendices A and B.

5. Current Position

5.1 Some of the early responses to the consultation have indicated that in order to produce a full response, a further period of time is requested.

5.2 These responses will need to be taken into account alongside all other responses when the decision to adopt the Code of Conduct is made.

5.3 If the LEA is unable, however, to have a Code of Conduct in place by 31 December 2004, the Secretary of State may require the LEA to prepare a draft Code of Conduct for his approval. As the next Executive Member decision day is scheduled to take place after 31 December 2004 it is recommended that the County Education Officer is empowered to make the decision regarding the adoption of the Code of Conduct.

5.4 In view of requests for more time to consider the issue, it is further proposed to review the operation of the Code after the first six months.

6. County Council Policy Requirements.

6.1 Legal Implications - the LEA is required under section 23 of the Anti-Social Behaviour Act 2003 to put in place a Code of Conduct for the issuing of Penalty Notices in respect of unauthorised absence. By virtue of the Education (Penalty Notices)(England) Regulations 2004, the Secretary of State has the power to require any LEA that has not already put in place a Code of Conduct to prepare a draft Code of Conduct for his approval by a specified date.

6.2 Financial Implications - whichever Code of Conduct is adopted, the LEA is likely to incur additional work both due to the administration of the process and the likely increase in the numbers of parental prosecutions which take place following non-payment of the penalty. An additional part-time (0.5FTE) Scale 5 admin post will therefore be required. Estimated cost is:

Salary (pro rata based upon midpoint for scale 5 post) £10,773

Cost of Training and IT Support ( £200 + £300) £ 500

Total £11,273

Funding will be provided from adjustments to a number of previously agreed Standards Fund projects and will be subject to review.

6.3 Personnel Implications - the recruitment using normal selection procedures of a EWS court admin support officer (scale 5, 0.5 FTE).

6.4 Community Cohesion, Inclusiveness & Partnership Working - these issues will need to be addressed as part of the ongoing monitoring of the effectiveness of the use of Penalty Notices.

6.5 Crime Prevention Issues - if issuing Penalty Notices is effective in reducing unauthorised absence, it is anticipated that this may not only lead to a reduction in juvenile crime but may also help prevent children and young people becoming the victims of crime.

6.6 Impact assessment - In developing the proposals, regard was paid to equalities and the proposals would confirm to national and local policies and legislation.

Recommendation:

That the County Education Officer, on behalf of the County Council and having regard to any consultation responses, be empowered to adopt a Code of Conduct for the Issuing of Penalty Notices in respect of Unauthorised Absence.

Section 100 D Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB The list excludes:

1) Published Works

2) Documents which disclose exempt or confidential information as defined in the Act.

None