Excluded pupils
Section 103 of the Education and Inspections Act 2006 makes it a duty for parents in relation to pupils subject to a period or permanent exclusion, to ensure that their child is not present in a public place during school hours, without reasonable justification, during the first five days of any such exclusion. If a child is present in a public place during the first five days of an exclusion during school hours the parent may be guilty of an offence for which they can be prosecuted by the LA before a magistrates’ court.
Alternatively, the school or LA can deal with the matter by issuing a Penalty Notice.
Note: To proceed with a Penalty Notice and, or prosecution, under section 103 of the Education and Inspection Act 2006 the head teacher at the school or the LA must have issued the relevant letter to the parent(s) under Section 104 of the Act. This letter should inform the parent of their liability and set out the dates on which this liability arises. (This should be included in the standard exclusions letter). This can be included in the letter sent to the parent providing other information about the exclusion. It can be served by first class post, but where the opportunity arises to hand it to the parent(s) this is the preferred method.
Where an excluded pupil is of compulsory school age, the head teacher must also notify parents without delay, and by the end of the afternoon session. For the purpose of the letter above, the letter should include:
“that for the first five school days of an exclusion (or until the start date of any alternative provision where this is earlier) parents are legally required to ensure that their child is not present in a public place during school hours without reasonable justification, and that parents may be given a Penalty Notice or prosecuted if they fail to do so. This will therefore apply to you from (Insert first date of exclusion) to the end of the school day on (insert fifth date of exclusion).”
This type of Penalty Notice is not included in the National Framework and therefore not subject to the same considerations about support being provided or count towards the limit as part of the escalation process in the case of repeat offences for non-attendance which is discussed in more detail on the next page.