4. Specific circumstances in which a penalty notice can be issued
4.1
Irregular attendance: 10 sessions (usually equivalent to 5 days) of unauthorised absence within a rolling 10 school week period.
4.2
Truancy Sweeps: Where a pupil is stopped on a truancy sweep and there is not a valid reason for the absence from school, the Local Authority will send a ‘Notice to Improve’ letter to the parent(s) advising them that further unauthorised absences over the following 15 school day period may result in a penalty notice being issued. Prior to a notice being issued the Local Authority will consult with schools to agree this action.
4.3
Leave of Absence during term time: Head teachers (or authorised person) may not grant any leave of absence during term time unless there are “exceptional circumstances” that apply to that application. The head teacher should consider each application on a case-by-case basis and on its own merits. It is at the head teacher’s discretion if the exceptional circumstances warrant the authorisation of the leave and should also determine the number of days the pupil should be absent for. Head teachers should make clear to parents the date on which the pupil will be expected to return to school. All requests for leave of absence must be made in advance and by the parent/carer with whom the child normally resides.
4.4
Leave of Absences applied for in advance but not authorised may result in a Penalty Notice.
4.5
A Penalty Notice may be issued when leave of absence has been taken but the school have not received and authorised a request for the same in advance.
4.6
Warwickshire County Council will consider each referral on a case-by-case basis and on its own circumstances, once the absence has occurred. A Leave of Absence ‘Notice to Improve’ may be considered where there is a risk of repeated Leave of Absences are taken in the same academic year.
4.7
Persistent Late Arrival at School: When a pupil persistently arrives late, schools should investigate the reason for this and offer support where appropriate to rectify the situation. Where the arrival time is after the close of registration period, the late mark, code U, an unauthorised absence should be recorded. The same process applies when requesting and issuing a penalty notice as that of the irregular attendance process.
4.8
In a public place when excluded: A penalty notice may be issued where parents allow their child to be present in a public place during school hours without reasonable justification during the first 5 days of a fixed period or permanent exclusion. The school must have notified the parents of the days the pupil must not be present in a public place. This type of penalty is not subject to the same considerations about support being provided or count towards the limit as part of the escalation process in the case of repeat offences for non-attendance.