Contact: Rita Crowne, Principal Education Welfare Officer, tel: 01962 845770,

email address: [email protected]

1 Summary

1.1 The following decision is sought:

That the Director of Children's Services, on behalf of the County Council, be empowered to consult with all Headteachers of schools maintained by the County Council, their Governing Bodies, the Chief Constable of Hampshire Constabulary and any other persons whom he considers appropriate, on the basis that Hampshire County Council's Code of Conduct for the issuing of Penalty Notices in respect of unauthorised absence from school be revised to incorporate, together with minor amendments, the following amendments:

a) the Code of Conduct be amended to clarify that the Authorised Person has discretion when deciding whether to issue one or both parents with a Penalty Notice, to enable account to be taken of the specific circumstances in individual cases;

b) the maximum number of Penalty Notices which can be issued to any one parent during a 12 month period remain as two but the Code of Conduct be amended to include the wording "irrespective of the number of children not attending school on a regular basis";

c) the minimum number of unauthorised absences of 20 half-day sessions in a 10 week school period, required for a Penalty Notice to be issued, should not be reduced when the absence relates to a term time holiday. The Code of Conduct be amended to emphasise that the threshold of 20 half-day sessions applies equally to unauthorised absence due to term time holiday; and

d) the Code of Conduct be amended to indicate that the County Council shall normally only issue a Penalty Notice in circumstances of more than 20 half-day sessions of unauthorised absence for a family holiday, during any 10 week school period, where the child is otherwise attending regularly, with the restriction that only one period of such unauthorised absence in an academic year should be exempt.

2 Reason

2.1 Hampshire's Code of Conduct was implemented at the end of December 2004 and as agreed, a review of its operation and effectiveness was undertaken 6 months after its implementation. Arising from this review are a number of proposed amendments. In accordance with The Education (Penalty Notices) (England) Regulations 2004, the Local Education Authority is required to consult with the persons set out in paragraph 1.1 above before implementing its Code of Conduct. Formal consultation therefore needs to be undertaken with the above persons in respect of any proposed amendments to the Code of Conduct.

2.2 This decision supports Aims 1 and 4 of the Corporate Strategy by "Maximising life opportunities" and " Building safe and strong communities".

2.3 This decision also supports all 5 Aims of the Children Act 2004. By taking action against unauthorised absence from school and promoting regular attendance, this will help ensure that children are healthy, stay safe, enjoy and achieve through learning, make a positive contribution to society and increase the likelihood of their economic well being.

3 Other Options considered and rejected: as set out in the accompanying report.

4 Conflicts of Interest declared by the decision maker or other Executive Member consulted: none.

5 Dispensation granted by the Standards Committee: not applicable.

6 Reason(s) for the matter being dealt with if urgent: not applicable.

Approved by: Date:

Councillor D A Kirk

Executive Member for Education