2. Rationale
2.1
Penalties must be applied consistently and fairly, and in accordance with the ‘Working together to improve school attendance’ guidance which includes the National Framework for Penalty Notices (2024 - GOV.UK).
2.2
The County Council is responsible for developing the protocol within which all partners named in the Act will work.
2.3
Regular and punctual attendance at school is both a legal requirement and essential for pupils to maximise their educational opportunities.
2.4
Penalty Notices supplement the existing sanctions currently available for this offence and offer an alternative to prosecution and provides a parent with an opportunity to discharge their liability for the offence.
2.5
Parents and pupils will continue to be supported by their school, by the Warwickshire Attendance Service and appropriate services to overcome apparent barriers to regular attendance, through a range of intervention strategies which includes the offer of Early Help. This is not applicable in cases of Leave of Absence.
2.6
If the national threshold has been met and support is appropriate but offers of support have not been engaged with by the parent or have not worked, a Notice to Improve should usually be sent to give parents a final chance to engage in support.
2.7
Penalty Notices and other sanctions will be used only where parental cooperation in this process is either absent or deemed insufficient to resolve the presenting issue.
2.8
Penalty notices are intended to prevent the need for court action and should only be used where it is deemed likely to change parental behaviour and support to secure regular attendance has been provided and has not worked or been engaged with, or would not have been appropriate in the circumstances of the offence (e.g. an unauthorised holiday in term time).
2.9
Penalty notices should be used as a deterrent to prevent patterns of unauthorised absence developing. They are to be used for the enforcement of attendance and not for use as a punishment for absence.
2.10
A penalty notice may be a suitable intervention in circumstances where the parent is judged capable of securing their child’s regular attendance or whereabouts but is not willing to take responsibility for doing so.
2.11
They can only be used for periods of unauthorised absence and the defences in law replicate those already in place for enforcement actions under the provisions of Section 444 of the Education Act 1996.
2.12
Penalty notices can be issued if Leave of Absence is not authorised by the school, it is referred to the Local Authority and the child is absent from school during the period requested.
2.13
If the Local Authority believes a penalty notice would be appropriate in an individual case, the Authority shall retain the discretion to issue one before the threshold is met. An example of this is where parents are deliberately avoiding the national threshold by taking several term time holidays below threshold, or for repeated absences for birthdays or other family events.
2.14
Great care will be taken to ensure that notices are properly issued and only issued for offences where the local authority is willing and able to prosecute for the offence of irregular attendance.
2.15
Any prosecution would be for the offence to which the notice relates rather than non-payment of the notice and will follow the usual procedures of a prosecution for irregular attendance (including considering an education supervision order as an alternative to prosecution).