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4. Procedure for issuing penalty notices

4.1 Procedure for issuing penalty notices for persistent absence

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 absence 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. 

4.2 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.
  • A request for leave of absence was received from the parent. Where a written request 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. 
  • 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 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. 

4.3

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. In such cases, a separate Penalty Notice will be issued for each child in the family. In these circumstances a warning letter may not be issued. Clear documentary evidence must be provided by the school/academy which demonstrates that the parent/carer made the admission and understood that permission had not been given. 

4.4 Procedure for issuing penalty notices requested from other LA's/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. 
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