Appendix A

DRAFT A

Hampshire County Council

Code of Conduct

For issuing Penalty Notices in respect of Unauthorised Absence from School

1. Legal Background

1.1 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.

1.2 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 issuing a Penalty Notice must do so within the terms of this code of conduct ("the Code of Conduct").

2. Rationale For Issuing Penalty Notices

2.1 Regular and punctual attendance at school is both a legal requirement and

essential if pupils are to maximise their educational opportunities.

2.2 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.

2.3 Although current sanctions to enforce regular school attendance exist under

section 444 of the Education Act 1996 and section 36 of the Children Act

1989, the introduction of Penalty Notices is aimed at offering a swift intervention which may be used to combat cases of unauthorised absence before the problem becomes too entrenched.

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

2.5 Schools are already required by the LEA to notify the Education Welfare Service (using Form EWS1) of any pupils where there is unauthorised absence of 20 or more half day sessions ie 10 school days in any 10 week period. This requirement continues to apply irrespective of whether the school is considering a recommendation to the Education Welfare Service for the issue of a Penalty Notice.

2.6 Schools and the police are not obliged to make recommendations to the Education Welfare Service regarding the use of Penalty Notices as the Education Welfare Service will automatically consider the use of Penalty Notices in all cases of this level of unauthorised absence.

3 Circumstances When A Penalty Notice May Be Issued

3.1 Penalty Notices can only be issued in cases where a pupil of compulsory school age has been absent and the absence has not been authorised by the school or where the pupil has persistently arrived late after the register has been closed. The level of absence that is necessary before a Penalty Notice can be issued is 20 or more half day sessions ie 10 school days, of unauthorised absence during any 10 week school period.

3.2 A Penalty Notice may be issued to each parent liable for the offence or offences.

3.3 Penalty Notices are intended to be used in tackling parentally condoned

absence where it is reasonable to expect that the parent can ensure the child's regular attendance but s/he is not willing to take responsibility for doing so e.g. where a parent is not cooperating with advice or support offered to help improve his or her child's attendance. Furthermore, in accordance with Department for Education and Skills (DfES) guidance, they should be used only when they are likely to secure an improvement in the child's future attendance.

3.4Prior to the issuing of Penalty Notices, the following criteria must therefore be satisfied

· will this be an effective measure in helping the pupil return to school and/or ensure their future regular attendance?

· is it reasonable to expect that the parent is capable of ensuring the pupil's regular attendance?

· is there evidence of a lack of parental cooperation in making use of the advice/support offered?

3.5 When considering whether a Penalty Notice is appropriate, the following should be borne in mind in the event that the parent failed to pay the Penalty:

·the parent could not be prosecuted for the non payment of the Penalty and would have to be prosecuted for the offence to which the Penalty Notice relates; and

· prosecution proceedings for the particular offence for which the Penalty Notice was issued could not be started until after the final deadline for payment has passed, ie 42 days after receipt of the Notice.

3.6 It may also be appropriate to consider whether financial hardship would be caused by payment of the Penalty Notice.

4 Procedure for issuing a Penalty Notice

4.1 Who will issue the Penalty Notices?

The LEA is responsible for issuing Penalty Notices. These will be issued via the Education Welfare Service and will require a manager from the Education Welfare Service to authorise their issue.

4.2 When can Penalty Notices be issued?

4.2.1 A Penalty Notice can be issued:

· when a pupil has had 20 or more half day sessions ie 10 school days, of unauthorised absence during any 10 week school period,

· when the circumstances of the pupil's absence meets all the requirements and criteria of the Code of Conduct; and

·when the issue of a Penalty Notice does not conflict with other intervention strategies in place or other sanctions already being processed.

4.2.2 A Penalty Notice will never be issued as an `on the spot' response. This is to ensure that the criteria and requirements of the code of conduct have been met.

4.3 School actions prior to a school recommending a Penalty Notice

4.3.1 All school attendance policies should include information about the use of Penalty Notices and this information should be drawn to the attention of all parents.

4.3.2 Schools should decide which staff can recommend that the Education Welfare Service issue a Penalty Notice.

4.3.3 In all cases where members of staff have concerns about a pupil's attendance they would normally make contact with the parent in order to try to resolve any difficulties. Where they wish to recommend that the Education Welfare Service issue a Penalty Notice, they should first write to the parent, with a copy to the Education Welfare Service and include the following:

· details of the pupils' absence

· an offer to meet with the parent to discuss the concerns and to provide advice and support in an attempt to resolve any difficulties

· a statement of the legal responsibilities of the parent regarding attendance

· the consequences of the parent failing to ensure his/her child's regular attendance, in particular warning that further unauthorised absences could result in a Penalty and/or a prosecution

· contact details for the Hampshire Education Welfare Service who may also be able to offer their support and advice

· an expectation that within 15 school days the situation will have improved.

4.3.4 The school should monitor the pupil's attendance following the parent's receipt of the warning letter. If there is not an improvement in attendance, the school, before making a recommendation for a Penalty Notice, should consider all aspects of a pupil's circumstances and the criteria set out in the Code of Conduct. If the school still believes that a Penalty Notice would be appropriate, the school should send all the relevant paperwork to the Education Welfare Service. This should include the reasons why the school recommends that the Education Welfare Service should issue a Penalty Notice, in particular why the school believes that a Penalty Notice would be likely to secure an improvement in future attendance. This referral can be made before the expiration of the 15 school day timescale provided for in the warning letter.

4.3.5 The normal response to a first offence should be a written warning rather than a Penalty Notice. However, the DfES guidance indicates that a Penalty Notice can be issued for a first offence in exceptional circumstances, and gives as an example the circumstances where a parent takes a child on holiday during term time without the school authorising the absence. In such circumstances, the school may make a referral to the Education Welfare Service recommending the issue of a Penalty Notice without first writing to the parent as would otherwise be required. The Education Welfare Service should still be satisfied that the parent was informed beforehand by the school that absence not authorised by the school for term time holiday could lead to a Penalty Notice being issued without further warning.

4.5 Actions to be taken by the Police (including persons accredited by them) prior to recommending the issue of a Penalty Notice.

4.5.1 The police should decide whom within the police, or agents acting on their behalf in relation to Penalty Notices, should make referrals to the Education Welfare recommending the issue of a Penalty Notice.

4.5.2 In all cases where police and other accredited persons have concerns about a pupil's attendance and wish to recommend that the Education Welfare Service issue a Penalty Notice, they should first establish that the criteria outlined above have been satisfied.

4.6 How will Penalty Notices be issued?

4.6.1 Penalty Notices can be issued by the Education Welfare Service either as part of the normal range of interventions or following a referral from a school, police officer or other accredited person, recommending that a Penalty Notice be issued.

4.6.2 The Education Welfare Service will acknowledge, within 5 working days of receipt, all referrals recommending a Penalty Notice.

4.6.3 The Education Welfare Service will take account of the information provided and actions taken prior to the referral. They will consider the appropriateness of issuing a Penalty Notice rather than alternative interventions, which may include parental prosecution, the offer of family support, a parenting contract and/or a referral to another agency, having assessed the family circumstances.

4.6.4 Where appropriate the Education Welfare Service will send a formal written warning to the parent indicating that a Penalty Notice will be issued if there continues to be unauthorised absence during the following 20 school days.

4.6.5 A Penalty Notice will be issued if the required level of improvement has not been achieved within these 20 days.

4.6.6 There is no limit to the number of warning letters that can be issued to one parent. Where the warning letter improves attendance, but the pupil subsequently has a further period of unauthorised absence as defined in paragraph 3.1, another warning letter can be sent. Alternative action should however be considered where several letters have been issued.

4.6.7 The maximum number of Penalty Notices that can be issued to one parent in any twelve month period is two. In families where more than one child is not attending regularly, multiple issue would be the subject of careful consideration by the Education Welfare Service.

4.6.8 A Penalty Notice will only be issued by post.

4.6.9 It is important to avoid the issuing of duplicate Penalty Notices and to ensure that a Penalty Notice is not issued when a prosecution is being planned or has been commenced for the offence relating to the specific period of unauthorised absence. Therefore the Education Welfare Service will liaise with any other Local Education Authority that may be involved.

5 Payment of Penalty Notices

5.1 Arrangements for the payment will be detailed on the Penalty Notices

themselves. Penalties are to be paid to Hampshire County Council.

5.2 If paid within 28 days of receipt of the Penalty Notice, the Penalty is £50. If not paid within 28 days but paid within 42 days, the Penalty is automatically increased to £100.

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5.3 Any revenue resulting from payment of Penalties will be retained by the LEA to help cover the costs of issuing and enforcing Penalty Notices, or the cost of prosecuting recipients who do not pay.

5.4 Payment of a Penalty discharges a parent's liability for the period in

question and means that they cannot subsequently be prosecuted under any

other enforcement powers for the period covered by the Penalty Notice.

6 Non-payment of Penalty Notices

6.1 The non-payment of a Penalty within the prescribed period of time will

automatically lead to a prosecution under section 444, Education Act 1996 (unless the Penalty Notice must be withdrawn for either of the reasons given below). The prosecution cannot be for the non-payment of the Penalty.

7 Withdrawal of a Penalty Notice

7.1 There is no statutory right of appeal against the issuing of a Penalty Notice Furthermore, once issued, a Penalty Notice cannot be withdrawn unless it is established that it ought not to have been issued (i.e. where it has been issued outside the terms of the Code of Conduct or where no offence has been committed) or where it has been issued to the wrong person.

8 Arrangements for co-ordination between the LEA, other Local Education Authorities (where appropriate), the police and accredited officers

8.1 The Education Welfare Service will monitor the use of Penalty Notices. This will ensure consistent and equitable delivery and allow cohesion with other enforcement sanctions.

8.2 The Education Welfare Service will provide regular feedback to headteachers and the police (and neighbouring LEAs where appropriate) on the use of Penalty Notices and outcomes resulting from that use.

8.3 Where it appears to the LEA that the Code of Conduct requires amendment, the Education Welfare Service will consult headteachers, the police, and any other person or body it deems appropriate, regarding the proposed changes.