5. Procedure for issuing penalty notices
5.1 - Procedure for issuing penalty notices for persistent absence
The Local Authority shall consider the issue of a penalty notice where the following can be evidenced:
- A request for targeted attendance support is completed and submitted to the Warwickshire Attendance Service with all the necessary information/chronology and supporting relevant documentation.
- The period of absence is not being considered for proceedings according to Section 444 (1) or (1A) of the Education Act 1996.
- The issue of a Penalty Notice does not conflict with other intervention strategies in place by the Local Authority or by other agencies where the circumstances are known to the Local Authority.
- Parents have been notified of a rolling 10-week formal attendance support plan by the local authority.
- Where issued, a copy of the ‘Notice to Improve’ advisory letter sent as a final opportunity to engage in support.
- A copy of the pupil’s attendance record demonstrates the following threshold. The threshold is 10 sessions of unauthorised absence. This can be made up of a combination of any type of unauthorised absence, such as 4 sessions of holiday taken in term time plus 6 sessions of arriving late after the register closes, all taken within any 10-school week period. The unauthorised absence sessions can be consecutive (e.g. 10 sessions of holiday in one week) or not (e.g. 6 sessions of unauthorised absence in 1 week and 1 per week for the next 4 weeks).
5.2 - Procedure for issuing penalty notices for leave of absence during term time
The Local Authority will only issue penalty notices requested by a school in instances of unauthorised leave of absence where each of the following can be demonstrated:
- The school have published their attendance policy or a newsletter in the current academic year which includes a warning to parents that penalty notices can be issued in instances where a child takes an unauthorised leave of absence.
- Written notification to the parent(s) of the head teacher’s/authorised person’s decision to refuse the period of absence including the reasons for the decision.
- A copy of a letter from Warwickshire Attendance Service advising the parent that the matter has been referred to them and a penalty notice will be issued.
- Evidence of attendance for the relevant period signed by the head teacher.
5.2.1
Where a written request for a Leave of Absence has been received, a copy of the application form or written request should be submitted. If a verbal request was received the head teacher should include notes detailing the discussion/meeting with the parent.
5.2.2
The taking of leave of absence during term time without making an advance request for the same to gain the school’s permission and where this has resulted in a period of unauthorised absence may result in action.
5.2.3
In respect to unauthorised leave of absence only, the local authority will not need to consider any additional support which may or may not have been offered to any parent, prior to consideration of legal intervention.
5.2.4
Where a Penalty Notice is not issued for a leave of absence the local authority may consider issuing a Leave of Absence Notice to Improve. This notice will outline any further unauthorised absences taken that academic year regardless of number of days could result in a Penalty Notice being issued for this second absence.
5.3 - Procedure for issuing penalty notices requested from other local authorities/police
The Local Authority may receive requests to issue penalty notices from neighbouring LAs and/or the Police. Warwickshire Attendance Service will investigate and action if:
- The circumstances of the case meet the criteria as specified in this Code of Conduct, and
- All necessary information is provided to Warwickshire Attendance Service in order to establish that an offence under Section 444(1) Education Act 1996 has been committed.
- The issue of a Penalty Notice would not conflict with other intervention strategies already in place, or other enforcement sanctions already being processed.
- There is a reasonable expectation that the use of a Penalty Notice would improve attendance.