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: The law states a leave of absence may only be granted by a school if an application is made in advance and if it considers there are exceptional circumstances relating to the application. A leave of absence is granted entirely at the school's discretion and where a leave of absence is granted, the school will determine the number of days a pupil can be absent from school. A leave of absence request must be made by the parent/carer with whom the child normally resides (the resident parent).
4.4
Leave of Absences applied for in advance but not authorised may result in a Penalty Notice being issued.
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 permanently excluded or suspended: A penalty notice may be issued where parents allow their child to be present in a public place at any time during school hours without reasonable justification during the first 5 days of a suspension 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.