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4. Procedure for issuing penalty notices

This section applies to Penalty notices which are issued for persistent absence:

4.1 The Local Authority shall consider the issue of a penalty notice after the sending of an advisory letter and monitoring for a period of 6 weeks (30 school days) if further unauthorised absence occurs and the following are in place:

  • A signed copy of the Memorandum of Understanding/ written agreement
  • with school/education provider.
  • A referral form is completed and submitted to the Warwickshire
    Attendance Service with all the necessary information and supporting
    relevant documentation.
  • The circumstances of the absence meet the criteria according to the protocol.
  • 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.
  • A copy of the pupil’s attendance record which demonstrates at least 10 sessions (5 school days) were lost to unauthorised absences in the 100 sessions (10 Weeks).
  • Prior to referral a minimum period of 30 school days given for the attendance to improve, evidencing the continued support offered by school.