SUFFOLK COUNTY COUNCIL ANTI- SOCIAL BEHAVIOUR ACT Penalty Notice. Code of Conduct

Transcription

1 SUFFOLK COUNTY COUNCIL ANTI- SOCIAL BEHAVIOUR ACT 2003 Penalty Ntice Cde f Cnduct 1

2 CONTENTS 1. Legal Basis 2. Purpse f the Penalty Ntice Cde f Cnduct 3. Criteria fr referral fr the Penalty Ntice Cde f Cnduct 4. Prcedure fr issuing Penalty Ntice 5. Operatin f the Cde f Cnduct 6. Withdrawal f a Penalty Ntice 7. Payment f Penalty Ntice 8. Guidance fr Educatinal Establishments Appendices Appendix 1 Referral frm Appendix 2 Infrmatin leaflet fr Parents/Carers Versin 8 Amended: 1 st September

3 Legal Basis 1.1 The Anti-scial Behaviur Act 2003, Sectin 23 empwers designated Lcal Authrity (LA) Officers, Head Teachers (and Deputy and Assistant Head Teachers authrised by them) and the Plice t issue Penalty Ntices in cases f unauthrised absence frm schl. 1.2 The Act places specific respnsibility n the LA fr develping a Cde f Cnduct, within which all parties will perate. 1.3 The issuing f Penalty Ntices must cnfrm t the Cde f Cnduct and with all requirements f Human Rights and Equal Opprtunities legislatin. The scheme must therefre perate cnsistently acrss the Authrity. Purpse f the Penalty Ntice Scheme 2.1 Regular schl attendance is vital in ensuring that children maximise the educatinal pprtunities available t them. It is als an imprtant element in safeguarding them frm harm. 2.2 Parents have a legal respnsibility (Educatin Act 1996, Sectin 7) fr ensuring their children receive a full-time and efficient educatin, and LAs have a duty t enfrce this where necessary. 2.3 Parent is defined as smene wh has parental respnsibility fr a child r wh has the care f that child. (Educatin Act 1996, Sectin 576). 2.4 The Penalty Ntice cde f cnduct is intended t supplement, nt replace, the existing pwers f enfrcement under the Educatin Act Penalty Ntices are intended t be early deterrents t unauthrised absence. Their mst effective use is likely t be fr parents wh are able but unwilling t ensure their children s regular attendance at schl. Circumstances where a Penalty Ntice may be issued 3.1 The criteria fr issuing Penalty Ntices will be i) Where a child f statutry schl age has been identified fr the first time as having unauthrised absence; ii) In the cmpany f a parent, has been stpped under Sectin 16 f the Crime and Disrder Act 1998 (i.e. during a truancy sweep cnducted by Plice and Educatin Welfare Officers) and the parent has failed t give a satisfactry explanatin fr the child s absence which the schl has cnfirmed is unauthrised. 3.2 Parents wh meet the criteria will be issued with a Penalty Ntice. 3

4 3.3 Penalty Ntices will nt be used in the case f Unauthrised absence fr children lked after by the LA (LAC). A referral needs t be made t the Educatin Welfare Officer and discussins with all cncerned as t addressing the issues. Prcedure fr issuing Penalty Ntices 4.1 Penalty Ntices issued under this scheme will be issued n behalf f the LA by Officers f the Educatin Attendance Service. These Officers will nt issue a Penalty Ntice unless: All terms f the Cde f Cnduct are applied; All relevant infrmatin required is supplied t them by Head Teachers (r Member f staff delegated / authrised by them); Other strategies are nt in place r being enfrced at the same time. Lead Attendance Officer r Senir Educatin Welfare Officer will be aware f all prceedings cntemplated r cmmenced under Sectin 444 f the Educatin Act 1996 (the ffence f failing t secure the regular attendance at schl f a registered pupil). 4.2 Head Teachers (r Member f staff delegated / authrised by them) will ntify the Lead Attendance Officer r Senir Educatin Welfare Officer f any child whse parent(s) they believe meet the criteria fr the Penalty Ntice Cde f Cnduct. These children may als be identified by Educatin Welfare Officers. The Educatin Attendance Service will issue a Penalty Ntice t the parent(s) if satisfied that the criteria are met. Head Teachers will need t demnstrate clearly that leave frm schl has nt been granted. 4.3 The Plice may refer t the Educatin Attendance Service any child whse parent(s) they wish t be cnsidered fr a Penalty Ntice. The Educatin Welfare Service will examine thse cases and issue Penalty Ntices where the criteria are met. 4.4 Neighburing LAs where Sufflk children might be registered at schl r stpped n truancy sweeps will be asked t refer t Sufflk Educatin Attendance Service if it cnsidered meet the criteria fr a Penalty Ntice. 4.6 Each Parent/Carer will nt receive mre than ne Penalty Ntice per child in any academic year. [See belw fr actin t be taken if further unauthrised absences 5.6] 4

5 Operatin f the Cde f Cnduct 5.1 The issuing f Penalty Ntices must cnfrm t all requirements f Human Rights and Equal Opprtunities legislatin. The scheme must therefre perate cnsistently and equitably acrss Sufflk and therefre Penalty Ntices will nly be issued in accrdance with Sufflk Cunty Cuncil s Cde f Cnduct. 5.2 Penalty Ntices will nly be issued fr cases f unauthrised absence. In all cases, it is imprtant t ensure that schls have nt authrised the absence, and d nt s retrspectively (if this ccurs the Ntice is t be withdrawn). 5.3 Penalty Ntices will nly be sent nce the schl has cmpleted the referral frm (Appendix 1). The details will be prvided by the Referrer, wh is expected t retain a cpy f the frm fr their recrds. 5.4 Cmpleted Referral frms are t be sent [pst r ] t the Sufflk Cunty Cuncil at Endeavur Huse, Ipswich Officers appinted t d s will decide that the referral meets the criteria and frward fr prcessing. The referral frm will be retained by the Lead Attendance Officer, with cpies f the penalty ntice issued. Schls are required t send referrals t Sufflk Cunty Cuncil within an apprpriate time f the last unauthrised absence with the expectatin it is 15 schls days f the unauthrised absence. The LA will aim t prcess the penalty ntice in 5 wrking days f receipt f the referral Cmpleted Penalty Ntices will be stred centrally. All crrespndence and utcmes will be recrded n a central database. 5.6 Parent / Carer s will nt receive mre than ne Penalty Ntice per child in an academic year. Where there is mre than ne persn liable fr the penalty ntice, a separate ntice will be issued t each persn. Further unauthrised absences f that pupil shuld be referred t the Educatin Welfare Officer fr apprpriate actin. 5.7 Penalty Ntices will be issued by pst t parents hme by first class pst. Penalty Ntices will be cnsidered t have been served n the Parent n the secnd wrking day after the date f psting. Penalty Ntices will be numbered sequentially with prefix SCCPN frm 1 st September If the penalty is nt paid in full after 28 days (it is nt permissible t be paid by instalments), Officer s authrised in this regard f Sufflk Cunty Cuncil must either institute curt prceedings fr nn-attendance against the parent r mark the ntice withdrawn under criteria D (LA des nt intend t prsecute and reasn stated in the cmments). 5

6 5.9 Prsecutin fllwing nn-payment f a penalty ntice will fllw the prcedures f a prsecutin fr irregular attendance (the prsecutin is nt fr nn-payment f the ntice, rather it is fr the ffence t which the unpaid ntice relates. Withdrawal f Penalty Ntices 6.1 A Penalty Ntice will be withdrawn nly in the fllwing circumstances; the Ntice was issued utside the terms f the Cde f Cnduct; r the Ntice was issued t the wrng persn. If the Ntice is t be withdrawn Officers f Sufflk Cunty Cuncil must write t the parent/carer giving ntice f the withdrawal and arrangements must be made t repay any mnies paid. 6.2 There is n statutry right f appeal against the issuing f a Penalty Ntice. Payment f Penalty Ntices 6.1 The penalty is payable t Sufflk Cunty Cuncil (details fr payment will be cntained in the Ntice). The amunt f the penalty is 60 if paid within 21 days f receipt f the Ntice; 120 if paid after 21 days but within 28 days f receipt f the Ntice. 6.2 Payment f a Penalty Ntice cannt be made by instalments. 6.3 Payment f a Penalty Ntice discharges the parent s liability fr the perid t which the Ntice relates. 6.3 Nn-payment f a Penalty Ntice is likely t result in the parent being prsecuted fr the child s unauthrised absence. 6.5 Penalties will be payable t Sufflk Cunty Cuncil. The Lcal Authrity will retain the revenue cllected t cver the cst f issuing Penalty Ntices and f Prsecuting parents wh fail t pay the penalties. Guidance fr Educatinal Establishments 7.1 The Sufflk Cunty Cuncil Cde f Cnduct may be accessed by all Schls, Academies and Free Schls within the cunty f Sufflk. 7.2 Penalty Ntice Referrals need t be sent t Lead Attendance Officer by: Pst: Flr 4, Endeavur Huse, 8 Russell Rad, Ipswich, IP1 2BX PenaltyNtice@sufflk.gcsx.gv.uk 7.3 Penalty Ntice Referrals must be cmpleted fully including all relevant data n the knwn parents and pupil. 6

7 7.4 Schls need t set and publish their wn criteria fr making referrals fr a Penalty Ntice, this in cnsultatin with neighburing schls t ensure cnsistency acrss an area. The criteria will align with the Cde f Cnduct abve and ensure that all pupils / families are respnded t equitably. 7.5 Schls shuld cnsider the fllwing in setting their criteria: Number f unauthrised absences. Relevant factrs impacting upn the absences. Review f the Penalty Ntice Scheme The Penalty Ntice Scheme will be reviewed at regular intervals (at least every 2 years) with amendments made as applicable at the review. 7

8 Appendix 1: Penalty Ntice Referral Frm Penalty Ntice Referral Frm Pupil s Legal Surname: Pupil s Name knwn as: Address: Frename: DOB: Ethnicity: First Language: Schl: Year Grup: Tel N: Unique Pupil Number [UPN] Name(s) and DOBs f parent(s)/carer(s) with whm child lives: Name(s) and address(es), f thers with PR: (1) (2) Attendance that relates t this referral: [Registratin Certificate is acceptable] WB Mn Tues Wed Thurs Fri I hereby certify that n r between day f.. 20 t the day f 20 inclusive, he/she had unauthrised absence frm schl. Signed /Name f Referrer: The Sufflk Cunty Cuncil Cde f Cnduct sets ut the prcedures and terms under which Penalty Ntices can be issued in Sufflk. Authrised persns will issue Penalty Ntices in cmpliance with this Cde in rder t ensure that the pwers are cnsistently applied. Print Name: Where a child has been identified fr the first time with unauthrised absence; Date: Fr Office Use Only: Referral received : ( date) Pst / / Penalty Ntice issued: SCCPN: 8

9 Penalty Ntice Infrmatin fr Parents and Carers Sufflk Cunty Cuncil is cmmitted t prviding all children with the best start in life and wrks hard t imprve the attendance f children. Addressing Nn-Attendance at Schl Increases children and yung peple s attainment. Statistics and research tell us that nn-attendance impacts upn children s abilities t achieve A C grades in their public examinatins at the end f Year 11. Helps t keep children safe Reduces anti-scial behaviur Reduces the risk f children becming invlved in crime and invlved in alchl and substance misuse What can I d t help my child attend schl regularly? Send yur child t schl n time every day If yur child is unwell, cntact the schl n the first day f absence and return yur child t schl as sn as pssible Make sure yur child knws yu d nt apprve f them missing schl. Take hlidays nly during schl hlidays. Make sure yur child ges t schl with the crrect unifrm and equipment. Take an interest in yur child s educatin Talk t staff as sn as any issues arise. What is a Penalty Ntice? The law says that parents/carers, whse children are f cmpulsry schl age and absent frm schl withut gd reasn are cmmitting an ffence and the parents/carers maybe prsecuted in the Magistrates Curt. Sectin 23 f the Anti-Scial Behaviur Act 2003 intrduced additinal pwers under Sectin 444 f the Educatin Act 1996 authrising Lcal Authrities t issue Penalty Ntices in cases f unauthrised absence frm schl. Schls decide whether they will adpt Sufflk Cunty Cuncil s Penalty Ntice Cde f Cnduct. If the prtcl is adpted by the schl they can then refer any unauthrised pupil absence t the Lead Attendance Officer at Sufflk Cunty Cuncil. If the referral is apprpriate, the Lead Attendance Officer will prcess the referral and issue a Penalty Ntice. 9

10 When will a Penalty Ntice be issued? The Educatin Attendance Service aim t supprt schls/ Academies and parents/carers t imprve pupil attendance but Sufflk Cunty Cuncil will issue a Penalty Ntice nce a referral frm a schl has been received when: Unauthrised absence has ccurred frm schl OR Where a pupil is stpped with parents/carers during a truancy sweep and the absence is nt authrised by the schl. Sufflk Cunty Cuncil will issue each parent/carer with a Penalty Ntice fine fr each child wh has unauthrised absence. There is N Statutry Right f Appeal nce a ntice has been issued. There are limited circumstances in which the fine may be withdrawn. Details f which can be fund in the Penalty Ntice Cde f Cnduct Hw d I pay and what happens if I d nt pay? Details f payment arrangements will be included n the Penalty Ntice. The penalty is 60 per parent per child if paid within 21 days, increasing t 120 between 21 and 28 days. The penalty must be paid in full and nt by instalments. If yu d nt pay the penalty in full within 28 days f the issue, the Lcal Authrity is required t start legal prceedings against yu in the Magistrates Curt fr the riginal ffence f failing t ensure yur child attends schl regularly. This may lead t a fine up t Payment f the Penalty Ntice discharges parents/carers liability fr the perid t which the Penalty Ntice relates. Fr further Infrmatin abut the Penalty Ntice Cde f Cnduct r yur child s attendance please cntact yur child s schl in the first instance. If yu require an interpreting service fr this leaflet, Sufflk Cunty Cuncil can supprt this, please cntact us n the fllwing number: