School Attendance: Fixed Penalty Notice Code of conduct
6.Key considerations prior to the issue of a Penalty Notice for school absence
The following considerations will be made before issuing (or requesting that another authorised officer issues) a penalty notice to ensure consistency of approach:
In cases where support is not appropriate (for example, for holidays in term time), consider on a case-by-case basis:
Is a penalty notice the best available tool to improve attendance and change parental behaviour for this particular family or would one of the other legal interventions be more appropriate?
Is issuing a penalty notice in this case appropriate after considering any obligations under the Equality Act 2010?
Is it in the public interest to issue a penalty notice in this case given the local authority would be accepting responsibility for any resulting prosecution for the original offence in cases of non-payment?
In cases where support is appropriate, consider on a case-by-case basis:
Has sufficient support already been provided? NB. Sufficient support will usually include engaging the family with an Early Help Assessment and/or a School Attendance Support Plan to understand and address any barriers to attendance for the pupil and family.
Is a penalty notice the best available tool to improve attendance and change parental behaviour for this particular family or would one of the other legal interventions be more appropriate?
Is issuing a penalty notice in this case appropriate after considering any obligations under the Equality Act 2010?
Is it in the public interest to issue a penalty notice in this case given the local authority would be responsible for any resulting prosecution for the original offence in cases of non-payment?
If the answer to the above questions is ‘yes’, then a penalty notice will usually be issued
