Administering the new Code of Conduct

1. Administering the new Code of Conduct June 2015

2. Documentation • Code of Conduct • LegalMeasuresGuidance • 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 RequestForm

3. Code of Conduct http://www3.hants.gov.uk/education/hias/learning-behaviour-attendance/lba-resources-for-schools/atten-guidance/attendance-guidance-for-schools.htm

4. 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

5. 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

6. 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

7. 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

8. 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.

9. New Publication & press releasehttps://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.

10. New DfE release ‘Achievement & Attendance

11. New DfErelease ‘Achievement & Attendance’ KS2

12. When is a issuing a PN the right course of action?Section 2.4, 4.1 and 5.1 of guidance Case Studies

13. 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.

14. Feedback

15. Penalty Notice Warnings going forward… Section 4.1 of Legal Measures Guidance

16. 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).

17. 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 codes

18. 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.

19. 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)

20. 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’

21. 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

22. 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 - School letter template – pay’t dates’ - ‘PN - School letter template – PN Issued’ - ‘PN - School letter template - PN warning’ - ‘PN - School letter template - unpaid PN’

23. Penalty notice process using documentation generated from SIMS.Sheila Milford – SIMS trainer

24. Series of reports available to download from the Education intranet. http://www.education.hants.gov.uk/intranet/

25. Instructions will be provided on how to download and import reports.

26. Reports provided.

27. 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.

28. If PN warning required……. Reports| Run| PN Penalty NoticeWarningreport.

29. 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 2015

30. Include a Registration certificate with the PN warning letter.

31. 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.

32. 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.

33. Report parameters

34. Email this to penaltynotices@hants.gov.uk Save the email just in case the Penalty Notice needs to be withdrawn.

35. 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.

36. This must be saved; attached to the pupil record and uploaded to the Eddie server.

37. Certificate of service is required – there is a PN - Certificate of Service report.

38. This needs to be saved; attached to the pupil record and uploaded to the Eddie server.

39. Documents to be uploaded to the Legal Intervention team via the Eddie server. http://eddie.hants.gov.uk/uploads/attendance

40. Absence during exams and general unauthorised absence. 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.

41. 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.

42. Other reports are available if you wish to use them. School letter template – PN warning issued. If used, we would recommend that these letters are attached to the pupil record to provide additional evidence if necessary.

43. School letter template – PN issued.

44. School letter template – Payt. dates.

45. School letter template – unpaid PN.

46. 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’

47. 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 schools

48. 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 happen

49. 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) 814838 • If you wish to speak to a LICO about an existing open case please contact their direct line. 

50. Once the documentation is received by LA • Tracking by LA • What happens if not paid? • Attendance Legal Panels • Court proceedings