Administering the new Code of Conduct
June 2015
Documentation
• Code of Conduct
• Legal Measures Guidance
– Flow charts setting out the new process
•
•
•
•
Penalty Notice paperwork (6 new documents)
SIMS Letters (4 new templates)
Parent Leaflet - what penalty notices are
Leave of Absence Request Form
Code of Conduct
http://www3.hants.gov.uk/education/hias/l
earning-behaviour-attendance/lbaresources-for-schools/attenguidance/attendance-guidance-forschools.htm
Purpose of Penalty Notices
– Penalty Notices are intended to be used in tackling
parentally condoned absence where it is reasonable to
expect that the parent can ensure the child’s regular
attendance but s/he is not willing to take responsibility for
doing so e.g. where a parent is not cooperating with advice
or support offered to help improve his or her child’s
attendance.
DfE
If the family or child require support (EHA) a PN
should not be considered. Section of new guidance
There are other more appropriate interventions
including legal measures
Current thresholds until July
– Penalty Notices can only be issued where a pupil of
compulsory school age has unauthorised absence
including arrival late after the register has been
closed. The level of absence that is necessary is 20
or more half-day sessions i.e. the equivalent of 10
school days, of unauthorised absence during any 10
school week period.
– 20 half day sessions of unauthorised absence for a
family holiday, during any 10 week period
From Sept 2015
Hampshire County Council will issue a Penalty Notice for
any unauthorised absence in the following circumstances:
Where a pupils has been:
– persistently arrived late coded ‘U’ for up to 10
sessions 5 days after the register has been
closed.
– persistently late before the close of reg ‘L’ but
the school has met with parents and has
clearly communicated that they will
unauthorised any further lateness code ‘O’ and
meets the threshold 5 days and 10 sessions
Cont…
Where a pupil has been:
– absent for 10 or more half-day sessions (5 school
days), of unauthorised absence during any 100
sessions (10 school week) period. These do not need
to be consecutive.
– missed any public examinations, formal school
assessments or testing of which dates were published
Consider…
• Your powers of discretion – there cannot be
statements of blanket bans only general
principles
• Consistency of general principles of discretion
across phases and clusters
• Unauthorised absence means that the child
should have been in school so there should
always be an action.
New Publication & press release
https://www.gov.uk/government/publications/absence-andattainment-at-key-stages-2-and-4-2012-to-2013
Education Secretary Nicky Morgan said:
• The myth that pulling a child out of school for a holiday is
harmless to their education has been busted by this
research. Today heads across the country have been
vindicated - missing school can have a lasting effect on a
pupil’s life chances.
• This is why we are doing all we can to encourage more
pupils back into class by toughening up on term-time
holidays and attendance. Heads and teachers are now
firmly back in charge of their classrooms thanks to our
plan for education and new flexibility over term dates
allow them to set term breaks outside of peak times.
New DfE release ‘Achievement & Attendance
New DfE release ‘Achievement & Attendance’ KS2
When is a issuing a PN the right course of
action? Section 2.4, 4.1 and 5.1 of guidance
Case Studies
Purpose of PN (DfE guidance &
Hants Code of Conduct)
• When is it appropriate to issue the penalty
notice?
Task: In three’s/fours you will each given a different
case study (or you can talk broadly about an
ongoing case from your own school). Discuss
whether this would be a case for a PN or not and
what the actions should be.
Feedback
Penalty Notice Warnings going forward…
Section 4.1 of Legal Measures
Guidance
Who do we issue the PN or PN
warning to?
Section 4.2 of Legal Measures guidance &
Sections 1.3 and 6.3-6.4 of Code of Conduct (new)
1.3: The definition of a parent includes: all natural parents, whether they
are married or not; any person or body who has parental responsibility for
a child; and any person who, although not a natural parent, has care of a
child. Having care of a child means that a person with whom a child lives
and who looks after a child, irrespective of their relationship with that child,
is considered to be a parent in education law (see Section 576 of the
Education Act 1996 and the Children Act 1989).
Understanding the new process:
Penalty Notice Warnings:
The Law ref: warnings
1. PN Warning letter – ongoing Unauthorised
absence
2. Other methods of issuing a PN warning to
parents: exams, leave of absence form
Consider:
• School Policy
• Ensure parental understanding of Unauthorised
codes
Who can issue the PN?
1.
2.
The Authorised person (s) in school
The Authorised person(s) in LA or Police
Section 2.5 of County Guidance
• The headteacher is the authorised person
• They can identify a deputy headteacher and there is administration
that will be delegated. However it is the headteacher who maintains
overall responsibility & their signature is required on both the penalty
notice warning, Penalty Notice, and any pupil registration certificate
corresponding to the warning or notice issued.
• Every school must inform Hampshire County Council who additional
‘authorised school’ personnel are. The county council will hold a
register of the ‘Authorised Persons’ in each school and will circulate
an annual register via a schools communication to allow any change
in details to be updated and enable schools to requests further
training or information.
Stage 1
• Issuing a PN warning from SIMS
• Attach to pupil files in SIMS
The LA only needs to have the evidence of a PN
warning if this is followed by the issuing of a
PN
• Uploading evidence of a PN warning (3 types)
Informing the LA of PN warning
Method 1: ‘PN – Penalty Notice Warning’
Method 2: ‘PN – Unauthorised Absence Exams’
Method 3: ‘PN – Unauthorised Leave of Absence’
School or LA? Guidance
Flowcharts and section 5.2
Where unauthorised absence is at the levels
defined in the code of conduct, is parentally
condoned and there are no other identified child or
family needs….
Authorised Persons in schools should either
refer to ALP or issue a penalty notice warning
or PN if they meet the thresholds and a PN is
the correct sanction
Understanding the new process:
Issuing the Penalty Notice
• ‘PN - Request for Penalty Notice Number’ (keep the return email
from us with the PN number until we confirm the PN is paid)
• Penalty Notice letter (family overseas – new guidance)
• What documentation to send to parents
– ‘PN - Penalty Notice’
– Attendance Registration certificate
– Parent Flyer
• Optional school letter templates
- ‘PN - School letter template – pay’t dates’
- ‘PN - School letter template – PN Issued’
- ‘PN - School letter template - PN warning’
- ‘PN - School letter template - unpaid PN’
Penalty notice process using
documentation generated
from SIMS.
Sheila Milford – SIMS trainer
Series of reports available to
download from the Education
intranet.
http://www.education.hants.gov.uk/intranet/
Instructions will be provided on
how to download and import
reports.
Reports provided.
Before considering a Penalty Notice
(PN) or warning……….
•
•
•
•
Deal with all unexplained absences
Deal with all missing marks
Ensure all contact details are up to date
Ensure all family links – “little house icons” are in
place
• Ensure parental salutations and addressees are
completed.
If PN warning required…….
Reports | Run | PN Penalty Notice Warning
report.
Issuing a Penalty Notice warning
Report: PN – Penalty Notice Warning
This must be
saved in case
it is needed
for the Legal
Intervention
Team.
Suggested good
practice – save
with Pupil
name,
Document type,
date letter
generated – e.g.
Stanley Ackton
PN Warning 05
05 2015
Include a Registration certificate with
the PN warning letter.
This needs to be saved and
attached to the pupil record
so it can be uploaded to the
Eddie Server if a Penalty
Notice is issued.
Guidance on attaching
documents to the pupil record
will be provided.
In the example used today, a PN warning was issued
for continuing lateness (code U)……and if there was
no improvement then another report would be
used to request a Penalty Notice number.
Report parameters
Email this to
penaltynotices@hants.gov.uk
Save the email
just in case the
Penalty Notice
needs to be
withdrawn.
Penalty notice
The Penalty Number will be supplied to you in a
return email. Once this has been received the
Penalty Notice report can be run.
This must be saved; attached to the pupil record and
uploaded to the Eddie server.
Certificate of service is required – there
is a PN - Certificate of Service report.
This needs to
be saved;
attached to
the pupil
record and
uploaded to
the Eddie
server.
Documents to be uploaded to the Legal
Intervention team via the Eddie server.
http://eddie.hants.gov.
uk/uploads/attendance
Absence during exams and general
unauthorised absence.
PN – Unauthorised
absence - Exams
When school Exams dates
are published a warning
about absence during the
Exam/Assessment period
is given. This constitutes a
PN warning.
This document needs to
be completed and
uploaded to Eddie server
if a PN is issued and acts
as evidence of the PN
warning.
PN – Unauthorised leave
of absence.
Similar to the Exams
documentation, this
needs to be completed
and uploaded to Eddie
server if a PN is issued for
unauthorised leave of
absence. This acts as
evidence of the PN
warning.
Other reports are available if you wish
to use them.
School letter template –
PN warning issued.
If used, we would
recommend that these
letters are attached to the
pupil record to provide
additional evidence if
necessary.
School letter template –
PN issued.
School letter template –
Payt. dates.
School letter template –
unpaid PN.
Summary of what happens if the
school issue?
Follow section 4 of the guidance:
Documentation required to upload to LA:
1. Proof of PN warning (‘PN- warning letter or ‘PN Unauthorised Leave of Absence’ or ‘PN – Unauthorised
absence exams’)
2. ‘PN - Penalty Notice’
3. Attendance Registration certificate
4. ‘PN - Certificate of Service’
Timescales For Action (section 4.1):
1. Requesting PN Number:
- aim for LA response within one working day
2. School issuing the PN:
-when you issue PN upload to Eddie within
one working day
- payment tracked within one month (28
days) by LICO and school notified of payment
within 5 weeks
3. LA issuing PN
- referral to ALP a month before the meeting
- LA admin to issue PN through LICO on same
timescales as schools
Withdrawal of a Penalty Notice
• No right of appeal for parents
• Reasons for withdrawal issued incorrectly, the absence
does not meet the code of conduct thresholds
• If a PN warning letter has been issued what constitutes
ongoing improvement????
• Email penaltynotices@hants.gov.uk and explain the
reason for withdrawal of the penalty notice giving the PN
number. This has to be completed as the tracking has
started at LA level and unless you stop the process the
case will seen as not paid and process to court will start
• If procedures have been followed this should never
normally need to happen
Need advice, to discuss the case or
check it meets the codes thresholds?
Legal Intervention Team Helpline:
• General advice and guidance regarding the process
and procedures for addressing poor school
attendance including parental prosecution
• Every Wednesday between 11am and
1pm. Consultation Telephone number (01252)
814838
• If you wish to speak to a LICO about an existing
open case please contact their direct line.
Once the documentation is
received by LA
•
•
•
•
Tracking by LA
What happens if not paid?
Attendance Legal Panels
Court proceedings
Process if we would like the LA
to issue:
• Referral to ALP a month before the panel – ALP
referral
• School Authorised person attends ALP to
present case
• The panel decide actions needed and if PN the
LICO attached to the case will issue. We follow
exact same procedures as schools, request PN
form, same letter, and will contact you if not paid.
ATTENDANCE LEGAL PANELS
(ALP’S)
Purpose
• To provide a forum for School representatives
and Children’s Services to consider the most
appropriate interventions to improve school
attendance on individual cases
• Improve understanding of information required
to consider legal action in cases where it is
deemed to be appropriate
Who and how
• Head teacher representatives from primary,
secondary, education centres, Area Strategic
Manager, Early Help Hub Manager and District
Managers E&I and Children and Families
• Meet monthly to consider cases placed on the
agenda
Benefits
• Provides a better understanding of both
opportunities and constraints on schools and the
local authority
• Provides a forum for promoting of best practice
• Provides an opportunity to ensure the correct
response and services are delivered to children
and young people to get the best outcome
When to refer to ALP for an
Unpaid Penalty Notice
• Complete ALP paperwork
• Send to Early Help inbox or to Team Manager
• TM to proof read referral and then distribute to
ALP panel
• Referrer given a date and time to present case
at ALP
• Case then discussed at ALP and decision taken
on legal action or not
Next Steps - Case agreed for
prosecution
• School completes witness statement
• LICO completes Local Authority (LA) legal
documents
• Final legal documents signed by School and LA
• Court pack sent to county legal team (CLT) by
LICO
• CLT issue summons and advise LIT of details of
court hearing. LICO informs the school of the
date etc.
• School and LICO to attend court hearing
Q&A