SUFFOLK COUNTY COUNCIL. Anti- Social Behaviour Act Penalty Notice. Code of conduct

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1 SUFFOLK COUNTY COUNCIL Anti- Scial Behaviur Act 2003 Penalty Ntice Cde f cnduct SCC Penalty Ntice Cde f Cnduct & Administrative Guidance: revised August

2 Cntents 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 2014 SCC Penalty Ntice Cde f Cnduct & Administrative Guidance: revised August

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. SCC Penalty Ntice Cde f Cnduct & Administrative Guidance: revised August

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 Parents 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 5.7] SCC Penalty Ntice Cde f Cnduct & Administrative Guidance: revised August

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 fax] t the Lead Attendance Officer. The Lead Attendance Officer will decide that the referral meets the criteria and frward t Business Supprt fr prcessing. The referral frm will be retained by the Officer, with cpies f the penalty ntice issued.. Referrals will nt be actined if received after 15 wrking days f the unauthrised absence. The LA will aim t prcess in 5 wrking days f receipt f the referra. 5.5 Cmpleted Penalty Ntices will be stred centrally. All crrespndence and utcmes will be recrded n a central database. 5.6 Penalty Ntices will be sent frm Endeavur Huse with a cpy sent via t the relevant schl. 5.7 Parents 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. 5.8 Penalty Ntices will nly 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. An Infrmatin Leaflet will be sent with each penalty ntice fr criteria. (Appendix 2) 5.8 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 SCC Penalty Ntice Cde f Cnduct & Administrative Guidance: revised August

6 instalments), the Lead Attendance Officer 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) 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 the Lead Attendance Officer 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 the LA (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. 6.4 Nn-payment f a Penalty Ntice will result in the parent being prsecuted fr the child s unauthrised absence during the perid f the Ntice. 6.5 Penalties will be payable t Sufflk Cunty Cuncil. The LA 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, SCC Penalty Ntice Cde f Cnduct & Administrative Guidance: revised August

7 Academies and Free Schls within the cunty f Sufflk. Hwever the Lcal Authrity is nt permitted t issue a Penalty Ntice t the parents f pupils wh d nt reside within the cunty bundaries. 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 Fax: Penalty Ntice Referrals must be cmpleted fully including all relevant data n the knwn parents and pupil. 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. SCC Penalty Ntice Cde f Cnduct & Administrative Guidance: revised August

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 / Fax / Penalty Ntice issued: SCCPN: SCC Penalty Ntice Cde f Cnduct & Administrative Guidance: revised August

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. SCC Penalty Ntice Cde f Cnduct & Administrative Guidance: revised August

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 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: SCC Penalty Ntice Cde f Cnduct & Administrative Guidance: revised August

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