June 2015 Documentation Code of Conduct Legal Measures Guidance Flow charts setting out the new process Penalty Notice paperwork 6 new documents SIMS Letters ID: 245320
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Slide1
Administering the new Code of Conduct
June
2015Slide2
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
FormSlide3
Code of Conduct
http://www3.hants.gov.uk/education/hias/learning-behaviour-attendance/lba-resources-for-schools/atten-guidance/attendance-guidance-for-schools.htm
Slide4
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 measuresSlide5
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
periodSlide6
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
sessionsSlide7
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
publishedSlide8
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.Slide9
New Publication & press release
https://
www.gov.uk/government/publications/absence-and-attainment-at-key-stages-2-and-4-2012-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.Slide10
New
DfE
release ‘Achievement & AttendanceSlide11
New DfE
release ‘Achievement
&
Attendance’ KS2Slide12
When is a issuing a
PN the right course of action
?
Section 2.4, 4.1 and 5.1 of guidance
Case StudiesSlide13
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.Slide14
FeedbackSlide15
Penalty Notice Warnings going forward…
Section 4.1 of Legal Measures GuidanceSlide16
Who do we issue the PN or PN warning to?
Section 4.2 of Legal Measures guidance & Sections 1.3 and 6.3-6.4 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).Slide17
Understanding the new process:Penalty Notice Warnings:
The Law ref: warnings
PN Warning letter – ongoing Unauthorised absence
Other methods of issuing a PN warning to parents:
exams, leave of absence form
Consider:
School Policy
Ensure parental understanding of Unauthorised codesSlide18
Who can issue the PN?
The Authorised person (s) in school
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. Slide19
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)Slide20
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
’Slide21
School or LA? Guidance Flowcharts and section 5.2
W
here 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 sanctionSlide22
Understanding the new process:Issuing the Penalty Notice
‘PN - Request for Penalty Notice Number’
(keep the return email 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 -
S
chool
letter template –
pay’t
dates’
- ‘PN - School
letter
template
– PN
Issued’
- ‘PN - School
letter template
- PN warning’
- ‘PN - School
letter template
- unpaid PN’Slide23
Penalty notice process using documentation generated from SIMS.
Sheila Milford – SIMS trainerSlide24
Series of reports available to download from the Education intranet.
http://www.education.hants.gov.uk/intranet/Slide25
Instructions will be provided on
how to download and import reports.Slide26
Reports provided.Slide27
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.Slide28
If PN warning required…….
Reports
|
Run
|
PN Penalty Notice
Warning
report. Slide29
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 05 05 2015Slide30
Include a Registration certificate with the PN warning letter.Slide31
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.Slide32
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.Slide33
Report parametersSlide34
Email this to penaltynotices@hants.gov.uk
Save the email just in case the Penalty Notice needs to be withdrawn.Slide35
Penalty notice
The Penalty Number will be supplied to you in a return email. Once this has been received the Penalty Notice report can be run.Slide36
This must be saved; attached to the pupil record and uploaded to the Eddie server.Slide37
Certificate of service is required – there is a PN - Certificate of Service report.Slide38
This needs to be saved; attached to the pupil record and uploaded to the Eddie server.Slide39
Documents to be uploaded to the Legal Intervention team via the Eddie server.
http://eddie.hants.gov.uk/uploads/attendanceSlide40
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.Slide41
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.Slide42
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.Slide43
School letter template – PN issued.Slide44
School letter template – Payt. dates.Slide45
School letter template – unpaid PN.Slide46
Summary of what happens if the school issue?
Follow section 4 of the guidance:
Documentation required to upload to LA:
Proof of PN warning
(‘PN- warning letter or ‘PN - Unauthorised Leave of Absence’ or ‘PN – Unauthorised absence exams’)
‘PN - Penalty Notice’
Attendance Registration certificate
‘PN - Certificate of Service’Slide47
Timescales For
Action
(section 4.1):
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 schoolsSlide48
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????
Email
penaltynotices@hants.gov.uk
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 start
If procedures have been followed this should never normally need to happenSlide49
Need advice, to discuss the case or check it meets the codes thresholds?
Legal Intervention Team Helpline:
G
eneral
advice and guidance regarding the process and procedures for addressing poor school attendance including parental
prosecution
E
very
Wednesday between 11am and 1pm. Consultation Telephone
number
(01252) 814838
If
you wish to speak to a LICO about an existing open case please contact their direct line. Slide50
Once the documentation is received by LA
Tracking by LA
What happens if not paid?
Attendance Legal Panels
Court proceedingsSlide51
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.Slide52
ATTENDANCE LEGAL PANELS
(ALP’S)Slide53
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 appropriateSlide54
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 agendaSlide55
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 outcomeSlide56
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 notSlide57
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 hearingSlide58
Q & A