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 earning-behaviour-attendance/lba- resources-for-schools/atten- guidance/attendance-guidance-for- schools.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 attainment-at-key-stages-2-and to attainment-at-key-stages-2-and 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 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.The Authorised person (s) in school 2.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 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.

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

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

this to Save the just in case the Penalty Notice needs to be withdrawn.

Penalty notice The Penalty Number will be supplied to you in a return . 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. uk/uploads/attendance

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. Absence during exams and general unauthorised absence.

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.

School letter template – PN warning issued. Other reports are available if you wish to use them. 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???? 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 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) 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