Management Information Sheet
Amended - Attendance Update: Fixed Penalty Notices (FPN) for term-time holidays and the management of absences due to ill-health.
Reissued with an amended version of the FPN example warning letter for schools. Apologies for the mistake and any inconvenience caused.
Following the High Court Judgement Isle of Wight case, a Management Information Sheet was issued to schools on 9 September 2016 (Advice Note: Fixed Penalty Notices (FPN) for term-time holidays and the Isle of Wight case). The Supreme Court has subsequently heard an appeal in respect of the previous judgement. On 6 April 2017 the Supreme Court unanimously ruled that a child fails to attend school regularly if they fail to comply with the rules prescribed by the school. Therefore, as set out in Section 444(1) of the Education Act 1996 (the Act), in this case Mr Platt was guilty of an offence. The case was returned to the Magistrates Court, where Mr Platt was given a 12-month conditional discharge and ordered to pay £2,000.The Supreme Court decision is of importance to local authorities, schools and parents across England and Wales because it clarifies the meaning of regular school attendance. Prior to this decision uncertainty existed around the correct interpretation of the word 'regularly' in this context - the Supreme Court has concluded that the term means in accordance with the school's rules.
Changes to the Criteria for Issuing Fixed Penalty Notices for unauthorised absence
From 1 September 2017, the criteria for the issue of a FPN will be:
- 10 consecutive sessions of unauthorised absence where some or all of the absence may be attributed to an unauthorised holiday in term-time (for absences from 1 September 2017); or
- 15% unauthorised absence over a period of 6 school weeks for reasons other than unauthorised term time holiday.
What do I need to do?
Headteachers should continue to comply with the 2013 amendment to the Education (Pupil Registration) (England) (2006) Regulations 2013 which means that they cannot authorise a leave of absence from school unless it is exceptional; every case should be treated on an individual basis and with due consideration of the circumstances. Ultimately, it is the head teacher of the school who decides if a period of leave during term time should be authorised or not. Given the implications of the Supreme Court judgement it is important your school's attendance policy clearly lays out when children are expected to attend, what is regular attendance for their school and what their 'rules' are.
The template letter, leaflet and referral form have been amended as attached to reflect the change in criteria. It is recommended that the letter is issued to parents as soon as possible to notify them of the change in criteria in the Autumn Term 2017.
If you have any questions, please contact your allocated Attendance Support & Enforcement Officer (ASEO).
Joint Protocol between Health Services & Schools in respect of the management of pupil absence from school when medical reasons are cited
This protocol has been devised in response to the findings of Norfolk Safeguarding Children Board Serious Case Review: Case P (2016). The Protocol aims to clarify information sharing arrangements between GPs and schools in Norfolk to promote health and well-being of school children in relation to the management of sickness absence and to reduce unnecessary attendances at GP surgeries and inappropriate requests for medical information.
The Review identified that a considered discussion about the parentally-asserted versus professionally-provided medical evidence to support school absence would have clarified that there was a need to better understand the way in which the child's family operated and the needs of the child. Case P is a complex case but the existence of medical evidence appears to have been a key driver influencing the decision not to proceed with more formal legal action to address the child's chronic poor school attendance.
The protocol has been produced following consultation with representatives from the Local Medical Committee (LMC), Named GPs for Safeguarding Children, School Nursing Service, CAMHS, Norfolk Secondary Education Leaders and Norfolk County Council Education Inclusion Service.
The Protocol will initially run as a 3 month pilot across the County from September 2017 to ensure it is fit for purpose; if you have any feedback on the protocol, please share this with your allocated ASEO. Although the pilot will commence in September, schools can still make referrals to the School Nursing Service in the interim period.