Penalty notices - code of conduct

Summary

All schools should ensure their attendance policy:

  • is up-to-date
  • displayed on their website
  • includes all relevant guidance, legislation and any templates

Schools and academies are required to be proactive in sharing these documents with parents. This includes the relevant legislation relating to the issuing of PNs for unauthorised absences.

When promoting good attendance, schools should refer to their attendance policy when communicating with parents or carers. This includes via their website, parent hub or school app communications. This will:

  • ensure that parents are kept up to date with any changes to legislation
  • provide a new method of prior warning to parents, without the need to re-issue formal Notices to Improve

Emails are accepted when applying for PNs relating to holidays taken during term-time, as are other forms of communication, such as parent hub or school app messages sent as a direct or generic message to all parents.

Notice to improve letters will still be required when applying for an PN for persistent absence.

Please see below for each relevant scenario.

PN: term-time holiday - parental holiday request received

Where there is a request for a term-time holiday (leave of absence) that the school refuses because it does not meet the criteria for ‘exceptional circumstances’, the school must issue a letter or email in response to parent. The letter or email should:

  • give their reasons for refusal to authorise.
  • confirm to the parent that if the child is not in school on the days requested the absence will be recorded as unauthorised absence. (The school will presume they have gone away on their intended holiday).

Schools should then advise the parent that they will request us to issue a PN for a holiday taken during term-time.

PN: term-time holiday – no parental holiday request received

For cases where:

  • evidence suggests the absence was a term-time holiday.
  • no application or request for leave is received from parents in advance of a holiday.
  • there may be other factors which imply to the school that the family were away on a holiday.

The school can apply for a PN retrospectively. Schools can now request a PN from the LA, without formally issuing parents with a notice to improve, providing that this information was available for parents, such as through school updates or reminders of the school attendance expectations to all parents. This relates only to holidays during term-time.

It is, however, best practice to write to families, referencing:

  • their attendance policy
  • any recent communications regarding their stance on holidays taken during term-time.

Over the last two to three years, the use of PNs for term-time holidays has grown. It is now established nationally as a method to discourage absence during term-time.

Schools who have regularly communicated with their parents regarding the use of PNs, can now request these, specifically in the case of holidays, without issuing a formal written warning prior to the holiday.

Schools will be able to demonstrate to us how they have communicated to parents. This could be via:

  • emails
  • school publications
  • Parent Hub or apps, photos of their website publications

PN: persistent absence and, or unauthorised absence

When requesting an PN from the LA for persistent absence, schools will be required to share copies of all recent and relevant communications with parents. This demonstrates they have provided guidance to all parents on the use of PNs for unauthorised absences.

Schools wanting to request that the LA issue a PN for persistent absence should first discuss this with the LA attendance team.

Schools have a designated attendance and safeguarding education welfare officer. They should consult with them prior to requesting a PN for persistent absence. PNs for persistent absence are only successful if issued within the first term of poor attendance. This should be taken into account when considering issuing a Penalty Notice.

The attendance team may agree to a PN as a next action if all other support has already been provided. In this circumstance, schools will issue parents with a PN notice to improve letter. The letter must be sent to each individual parent. It must inform them that if the child’s school attendance does not improve, the school will request a PN. If the PN fine remains unpaid, The LA could choose to prosecute the parents, for failure to ensure regular school attendance.

The LA will not discuss parental complaints, appeals or queries regarding PNs issued but will instead advise parents to liaise with their schools. A fine will only be withdrawn or re-issue a fine upon request of the school.