Bournemouth Borough Council. Penalty Notice Code of Conduct - For failure to ensure regular attendance at school of a registered pupil

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1 Burnemuth Brugh Cuncil Penalty Ntice Cde f Cnduct - Fr failure t ensure regular attendance at schl f a registered pupil Backgrund Primary respnsibility fr issuing Penalty Ntices rests with the Lcal Authrity wh are respnsible fr the administratin f the scheme under the Educatin (Penalty Ntices) (England) Regulatins 2007 as amended. Lcal Authrities are required t issue a Cde f Cnduct and cnsult with Schl Headteachers (including Academies and Free Schls), Gvernrs and the Chief Cnstable. The new Cde f Cnduct needs t be adpted by all thse cnsulted in rder t replace the existing Cde f Cnduct. Burnemuth Brugh Cuncil s Children and Yung Peple s Service have previusly issued all Penalty Ntices fr failure t ensure regular attendance at schl f a registered pupil. Hwever, sme schls r Academies may nw want t issue their wn Penalty Ntices. This Cde f Cnduct specifies hw this can be dne. If a schl wishes, a Headteacher is empwered t issue Penalty Ntices. The Headteacher may delegate this t a Deputy r Assistant Headteacher. Headteachers wh wish their schl t issue Penalty Ntices must have the agreement f the Gverning Bdy and must ntify the Lcal Authrity at the time f signing this Cde f Cnduct. Penalty Ntices can nly be withdrawn in very limited circumstances, s it is imprtant that they are issued crrectly. This Cde f Cnduct has been written in accrdance with the relevant legislatin and guidance. The purpse f the Cde f Cnduct is t ensure a cnsistent apprach t the issuing f Penalty Ntices acrss the Brugh. When deciding whether t issue a Penalty Ntice r prsecute under the relevant prvisins f the Educatin Act 1996, thse cncerned shuld always have regard t bth the Public Interest and Evidential tests. 1. Ratinale Regular and punctual attendance f children and yung peple at schl is bth a legal requirement and essential in rder fr students t maximise the pprtunities available t them. Penalty Ntices ffer a means f early interventin and can be used t deal with issues f failure t ensure regular attendance at schl befre attendance issues becme entrenched. 1

2 2. Legal Basis Sectin 444 (1) f the Educatin Act 1996 Under Sectin 444(1) f the Educatin Act 1996 where a child f cmpulsry schl age wh is a registered pupil at a schl fails t attend regularly at the schl, his parent is guilty f an ffence. A child shall nt be taken t have failed t attend regularly at the schl by reasn f the fllwing: If the parent prves that at the relevant time the child was prevented frm attending by reasn f sickness r any unavidable cause. Where the child is absent with leave frm the schl. On any day exclusively set apart fr religius bservance by the religius bdy t which the parent belngs. Further where the child s hme is in England: The child shall nt be taken t have failed t attend regularly at the schl if the parent prves that The Lcal Authrity have a duty t make travel arrangements in relatin t the child under Sectin 508B (1) fr the purpse f facilitating the child's attendance at the schl and have failed t discharge that duty, r The Lcal Authrity have a duty t make travel arrangements in relatin t the child by virtue f Subsectin (2)(c) f Sectin 508E (schl travel schemes) fr the purpse f facilitating the child's attendance at the schl and have failed t discharge that duty. A persn guilty f an ffence under Sectin 444 (1) f the Educatin Act 1996 is liable n summary cnvictin t a fine nt exceeding level 3 n the standard scale. Sectin 444 (A) f the Educatin Act 1996 Under Sectin 444A a persn guilty f an ffence under Sectin 444 (1) f the Educatin Act 1996 may be ffered a Penalty Ntice in respect f the ffence. A Penalty Ntice is a ntice ffering a persn the pprtunity f discharging any liability t cnvictin fr the ffence under Sectin 444(1) t which the ntice relates by payment f a penalty in accrdance with the ntice. Where a persn is given a Penalty Ntice, prceedings fr the ffence t which the ntice relates may nt be instituted befre the end f such perid as may be prescribed. Where a persn is given a Penalty Ntice, he cannt be cnvicted f the ffence t which the ntice relates if he pays the penalty in accrdance with the ntice. The issue f said Penalty Ntices are gverned by the Educatin (Penalty Ntices) Regulatins (England) 2007 as amended. 2

3 The wrd Parent within f the meaning f the Educatin Act 1996 includes: All natural parents, whether they are married r nt. Any persn wh, althugh nt a natural parent, has parental respnsibility fr a child r yung persn (as defined in the Children Act 1989). Any persn wh, althugh nt a natural parent, has care f the child r yung persn. Regulatin 7 Educatin (Pupil Registratin) (Amendment) Regulatins 2006 as amended. Leave f Absence Leave f absence may nly be granted by a persn authrised t d s by the Headteacher r member f the Senir Leadership Team. Leave f absence shuld nly be granted where: An applicatin has been made in advance by a parent with whm the pupil nrmally resides; and the authrised persn cnsiders that leave f absence shuld be granted due t the exceptinal circumstances relating t that applicatin. Leave f absence shall nt be granted t enable a pupil t undertake emplyment (whether paid r unpaid) during schl hurs except: Emplyment fr the purpse f taking part in a perfrmance within the meaning f Sectin 37 f the Children and Yung Persns Act 1963 under the authrity f a licence granted by the Lcal Authrity under that sectin; r Emplyment abrad fr the purpse mentined in Sectin 25 f the Children and Yung Persns Act 1933 where a licence has been granted under that sectin by a Justice f the Peace. 3. Prcedure fr issuing Penalty Ntices Pupils wh attended schls within the Brugh f Burnemuth (including Academies and Free Schl) are expected t achieve a gd level f attendance. Where a pupil s attendance falls belw 96% (r any ther lwer threshld as may be set by the schl) interventin may becme necessary. The Schl and r Lcal Authrity will try and wrk with parents t ensure regular attendance at schl. Where a parent fails t engage r fails t prvide an explanatin fr a pupil s failure t attend schl regularly and attendance des nt imprve, legal actin may be cnsidered. In certain circumstances a Penalty Ntice may be ffered in lieu f prsecutin. 3

4 When deciding whether t issue a Penalty Ntice in lieu f prsecutin the fllwing factrs will be cnsidered: Is this a first ffence. Any extenuating circumstances. What percentage f the verall absence has been authrised by the schl. Is there likely t be an imprvement in attendance. Fr mst first ffences a letter will be sent t parents r carers advising that actin may be taken shuld attendance nt imprve. Parent/carers shuld be advised they may be prsecuted under Sectin 444 (1) f the Educatin Act 1996 r that they may be ffered a Penalty Ntice in lieu f prsecutin. Said letter shuld specify what factrs will be cnsidered when determining which curse f actin will be taken. A parent/carer will then be given fifteen schl days t imprve the situatin befre any further actin is taken. The Lcal Authrity and any persns authrised t issue Penalty Ntices must d s in accrdance with their respnsibilities under the Human Rights Act 1998, Data Prtectin Act 1998 and the Equality Act 2010 and in line with the Cuncils cmmitment t fairness, Diversity prmise and Equality and Diversity Plicy. Where a Penalty Ntice is issued parents must be made aware that the Lcal Authrity may prsecute, fr failure t ensure regular attendance at schl f a registered pupil, if the Penalty Ntice in nt paid in full. The Children and Yung Peple s Service will actin requests fr Penalty Ntices prvided: The circumstances f the case meet the criteria fr the issuing f a Penalty Ntice as specified in the Cde f Cnduct, and All necessary infrmatin is prvided t the Children and Yung Peple s Service with the PN1 frm in rder t establish that an ffence has ccurred and That bth the Public Interest and Evidential Test are met. A Penalty Ntice shuld be addressed t nly ne parent but a Penalty Ntice can be issued t each parent/carer liable fr the ffence r ffences. Penalty Ntices will be issued by pst t ensure that all evidential requirements are in place. The Children and Yung Peple s Service will ensure that the issuing f Penalty Ntices is clsely mnitred. Schls must ntify the service f any Penalty Ntices that they have issued, and whether said ntices have been paid in full r withdrawn. 4

5 4. Prcedure fr withdrawing Penalty Ntice There is n statutry right f appeal against a Penalty Ntice. A Penalty Ntice may be withdrawn in any case in which it is determined that: It ught nt t have been issued, r; It ught nt t have been issued t the persn named as the recipient; It appears that the ntice cntains material errrs A Penalty Ntice may be withdrawn in accrdance with the abve whether r nt the perid fr payment referred t in the ntice has expired, and whether r nt the penalty has been paid. Where a Penalty Ntice has been withdrawn in accrdance with the abve a ntice f withdrawal must be given t the recipient and any amunt paid by way f penalty in pursuance f that ntice must be repaid t the persn wh paid it. Except as prvided belw n prceedings may be cntinued r instituted against the recipient fr the ffence in cnnectin with which the withdrawn ntice was issued. Where a Penalty Ntice was issued and was withdrawn prceedings may be cntinued r instituted fr the ffence in cnnectin with which that Penalty Ntice was issued if bth the fllwing cnditins are met, Where A further Penalty Ntice in respect f the ffence was issued at the same time as the first Penalty Ntice was withdrawn; and The penalty has nt been paid pursuant t that further Penalty Ntice in accrdance with the requirement f the regulatins. The Penalty Ntice is nt paid in full befre expiry f the perid fr paying it; and The Lcal Authrity named in the ntice has neither instituted prceedings against the recipient fr the ffence t which the ntice relates, nr is it cntemplating such prceedings, The authrity must withdraw the ntice. 5. Payment f Penalty Ntices Thse issued with a Penalty Ntices will need t pay a penalty. Said penalty is currently if paid within twenty-ne days, r 120 if paid within twenty-eight days. Said Penalty Ntice require the penalty t be paid in full within 28 days. Arrangements fr the payment will be detailed n the Penalty Ntices. Sums paid by way f penalty shall be payable t Lcal Authrities and the mnies received may be used by the authrity fr the purpses f any f its functins which may be specified in regulatins but, t the extent that they are nt s used, must be paid in accrdance with regulatins t the Secretary f State. 5

6 6. Nn Payment f Penalty Ntices Nn-payment f a Penalty Ntice may result in prceedings being cmmenced under the relevant prvisins f the Educatin Act 1996 fr failure t secure regular attendance at schl f the registered pupil. Nn-payment f the Penalty Ntice is nt an ffence in itself. The Children and Yung Peple s Service will take int accunt factrs including previus schl attendance, if it is in the public interest t prceed with legal actin and whether there has been any material change in circumstances. 7. Review arrangements This Cde f Cnduct will be reviewed regularly and amended when necessary. 8. Supplemental If a Penalty Ntice is nt paid r nt paid in full within twenty-eight days, the fact that the Penalty Ntice was ffered in lieu f a prsecutin will be brught t the curts attentin. Prsecutin in such cases wuld be fr the perid t which the Penalty Ntice relates, but culd als include ther perids f absence as apprpriate. In this way, Burnemuth Brugh Cuncil will have the means t avid the issue f duplicate ntices. The Children and Yung Peple s Service will manage a central database fr string pupil data and details f Penalty Ntices issued. The service will als keep details f all payments made, curt dates, whether the recipient was prsecuted r whether the ntice was withdrawn and n what grunds. Burnemuth Brugh Cuncil s Children and Yung Peple s Service, will cntinue t investigate cases which are referred t them and, fllwing apprpriate casewrk, instigate legal actin if applicable. Schls that d nt have a Service Level Agreement with the Children and Yung Peple s Service must cnsider what assessments and supprt are required t enable a yung persn t attend schl, befre the Lcal Authrity instigates legal prceedings where a Penalty Ntice has nt been paid. Further they must cnsider whether an applicatin fr an Educatin Supervisin Order wuld be mre apprpriate in the circumstances. An individual parent/carer will usually receive n mre than ne separate Penalty Ntice in respect f the irregular attendance f an individual child in any twelve-mnth perid. Lcal Authrities have n pwers in relatin t privately funded schls. Appendix A Penalty Ntice factsheet fr parents Appendix B Duty f parent in relatin t excluded pupil Burnemuth schls head teachers and chair f gvernrs signed their Cde f Cnduct in

7 Appendix A Penalty Ntice Fact Sheet Penalty Ntices fr unauthrised absence frm Schl/Academy Infrmatin fr Parents/Carers Each parent/carer issued with a Penalty Ntice has t pay a Penalty Fine What is a Penalty Ntice? Under existing legislatin, parents/carers cmmit an ffence if a child fails t attend regularly and the absences are categrised as unauthrised (the Schl/Academy viewing reasns prvided as unacceptable; r n explanatins received; r truancy ). Depending n circumstances such cases may result in prsecutin under Sectin 444 f the Educatin Act Hwever legislatin allws the Lcal Authrity t issue a Penalty Ntice under Sectin 23 f the Anti-Scial Behaviur Act 2003 t each parent/carers with respnsibility fr a child in respect f the ffence. A Penalty Ntice is seen as a simpler sanctin t fcus parents n their respnsibilities and des nt require an appearance in Curt. Payment f a Penalty Ntice ffers a persn the pprtunity f discharging any liability t cnvictin f the ffence under sectin 444(1) t which the ntice relates. Hw are they issued and wh are they issued t? They are issued by pst t yur hme. N mre than ne will usually be issued fr each child in any academic year t each parent/carer. Mre than ne maybe issued t excluded children r fr multiple unauthrised hlidays in term time. Each parent/carer issued with a Penalty Ntice has t pay a Penalty Fine. When are they used? Burnemuth Brugh Cuncil cnsiders that regular attendance at Schl/Academy is f such imprtance that Penalty Ntices may be used in a range f situatins where unauthrised absence ccurs: vert truancy; parentally-cndned absences; unauthrised hlidays and unauthrised absences during term-time; persistent late arrival at Schl/Academy after the register has clsed (which is categrised as an unauthrised absence); an emerging pattern f unauthrised absences. Is a warning given? The deliberate taking f a hliday in term-time withut/against Schl/Academy permissin, where this has created a perid f unauthrised absence will result in a penalty ntice being issued by the Educatin Scial Wrk Service withut warning. The Schl/Academy having already warned that such actin will be taken in their letter refusing the hliday applicatin. 7

8 A written warning will be sent frm the Educatin Scial Wrk Service when a pupil has had r is likely t have had a minimum f 6 sessins lst t unauthrised absence in the previus 6 weeks. The written warning will indicate the extent f yur child s absences and give yu 15 Schl/Academy days in which t affect an imprvement. A Penalty Ntice can then be issued if there has been little imprvement r if yur child has been identified truanting during a Truancy Patrl. Is there an appeal prcess? There is n statutry right f appeal nce a Ntice has been issued, but yu can make representatin t the Burnemuth Educatin Scial Wrk Service if yu believe the Penalty Ntice cntains factually inaccurate infrmatin and has been wrngly issued. What are the csts & hw d I pay? Payment within 21 days f receiving a Ntice is 60 and 120 if paid after this within 28 days. Details f payment arrangements will be included n the Penalty Ntice. Yu need t be aware that payment in part r by instalment is nt an ptin with Penalty Ntices. What happens if I dn t pay? Yu have up t 28 days frm receipt t pay the Penalty Ntice in full, after which the Authrity can under the Act cmmence prceedings in the Magistrates curt fr the ffence f failure t secure regular attendance at Schl/Academy f registered Schl/Academy. If the case is prven at curt, the curt can impse a fine and/ r a cmmunity penalty r a custdial sentence. Can I be prsecuted if I pay the Penalty Ntice but my child is still missing Schl/Academy? Nt fr the perid included in the Penalty Ntice payment discharges yur liability in this respect. Hwever it may be the case that a prsecutin might be cnsidered fr further perids f pr attendance nt cvered by the Ntice, depending n the circumstances. If this is an issue, it is vital that yu wrk clsely with yur child s Schl/Academy and supprt agencies such as the Educatin Scial Wrk Service. Can I get help if my child is nt attending regularly? Yes, the Lcal Authrity and yur child s Schl/Academy will give yu advice and supprt if yu need help t secure an imprvement in yur child s attendance. It is very imprtant that yu speak with the Schl/Academy r with the Educatin Scial Wrk Service at the earliest pprtunity if yu have any wrries at all abut ensuring yur child s Schl/Academy attendance. 8

9 Appendix B Penalty Ntice Cde f Cnduct - Fr failure t ensure regular attendance at schl f a registered pupil Duty f parent in relatin t excluded pupil Sectin 103 f the Educatin and Inspectins Act 2006 Sectin 103 f the Educatin and Inspectin Act 2006 specifies the duty f a parent in relatin t a pupil f cmpulsry schl age wh is excluded frm schl, Sectin (1) states this sectin applies where a pupil f cmpulsry schl age ( the excluded pupil ) is excluded n disciplinary grunds frm a relevant schl in England, whether fr a fixed perid r permanently, and ntice under Sectin 104 has been given t a parent f the pupil. Sectin 103 (2) states that the parent f the excluded pupil must ensure that the pupil is nt present in a public place at any time during schl hurs n a day which is ne f the first five schl days t which the exclusin mentined relates r, where that exclusin is fr a fixed perid f five days r less, any f the days t which the exclusin relates, and is stated in the ntice under Sectin 104 t be a day n which the parent is subject t this subsectin. If the excluded pupil is present in a public place at any time during schl hurs n a schl day falling within Subsectin (2) abve, the parent cmmits an ffence unless they have a reasnable justificatin fr ding s. Sectin 105 f the Educatin Act 2006 States that: Where an Authrised Officer has reasn t believe that a persn has cmmitted an ffence under Sectin 103(3), he may give the persn a Penalty Ntice in respect f the ffence. A Penalty Ntice is a ntice ffering the persn the pprtunity f discharging any liability t cnvictin fr the ffence under Sectin 103(3) t which the ntice relates by payment f a penalty in accrdance with the ntice. Where a persn is given a Penalty Ntice, prceedings fr the ffence t which the ntice relates may nt be instituted befre the end f such perid as may be prescribed. Where a persn is given a Penalty Ntice, he cannt be cnvicted f the ffence t which the ntice relates if he pays a penalty in accrdance with the ntice. Dated: 7 June