Management Information Sheet
Attendance : legal update / reminder to schools
Attendance Service referral criteria
The criteria for referral for unsatisfactory school attendance remains at:
85% attendance or less, with at least 15% unauthorised absence over a six week period
OR
10 consecutive unauthorised absence sessionsReferrals to Attendance Improvement Officers for Fast Track or pupils who may be 'missing from education' should be made in consultation with their divisional AIO at the first stage. An updated AIO referral form and Fast Track documentation, including template witness statement is now available on the Norfolk School's website. Schools should no longer use any previous documentation.
Process for Fixed Penalty Notices
I would like to remind schools that in order to operate the system you will need to send a warning letter to all parents and carers. We advise that this should be done at the start of the academic year (an example of what could be sent is attached).
Schools should also include information in their prospectus, on their school website, as part of an induction pack for pupils joining mid-term as well as providing regular reminders throughout the school year. If a Fixed Penalty Notice is not paid, an application for prosecution under Education Act 1996 S444 (1) will be made to the Magistrate's Court. The warning letter and Headteacher's Certificate (S566) will be part of the evidence pack. Claire Farrelly, Court Officer, will liaise with the school to collect this evidence as appropriate.
If a case is being for referred for a Fixed Penalty Notice, schools will need to complete an Application for Fixed Penalty Notice form. This form is attached and also located on the Behaviour and Safety (School Attendance) section of the Norfolk School's Website.
The form, along with the supporting evidence, should be submitted to: Claire Farrelly Court Officer.By email at: cscourt@norfolk.gov.uk
Or via post to: Claire Farrelly Court Officer , Level 1 Carrow House, King Street, Norwich NR1 2TN
This will ensure that the full information has been submitted and allow the LA to respond in a timely manner.
Please be advised that our current policy states that only one Fixed Penalty Notice should be issued in respect of each child per academic year. However, consideration could be made to further penalties being initiated on a case by case basis. Please consult with Claire Farrelly, Court Officer or your Attendance Improvement Officer, in such cases.
Additionally, the latest date for submission of applications for Fixed Penalty Notices in respect of Year 11 students is the Friday before February half term . This is to allow the process to be able to run through in case Court action is required. Applications received by this deadline must include all relevant documentation. Where applications are received after this date or where information is omitted or there are errors, the application will not be processed.
PACE (Police and Criminal Evidence) Act 1984 requirements
Before progressing attendance cases to the legal arena, the Local Authority is compelled to ensure that the requirements of the above act have been adhered to. Where Attendance Improvement Officers are actively involved in the Fast Track to attendance process, this will happen as a matter of course. Where schools do not actively use their Attendance Improvement Officer within their Fast Track interventions, they must ensure that the matter is referred to their link Attendance Improvement Officer prior to directly submitting their application to the Court Officer so that PACE requirements are met. Attendance Improvement Officers will be required to conduct PACE interviews in respect of any parent who has not attended any Fast Track meeting as part of the process. This will be applicable to a co-habiting parent where the partner or spouse has attended on their behalf. Schools are therefore required to liaise closely with their local attendance staff regarding pending applications for prosecutions where it is likely that a PACE interview will be required.
If you have any queries regarding this information please do not hesitate to contact me.