1. When can a Penalty Notice be requested?
A penalty notice is a suitable intervention in circumstances where a parent appears unwilling to take responsibility e.g. it can be used for persistent unauthorised lateness or absence and also for planned, but unauthorised absences, such as a holiday in term time.
2. We believe that a child was on holiday but no formal request was received from the parent – what do we do?
In some cases, parents do not submit a request for the absence and simply go away on the holiday with no notice. Provided there is additional evidence it may still be possible to take action. For example, the parent may have sent an email or a letter to the school requesting the absence or simply refused to complete a form. Provided the information in relation to the issuing of penalty notices is publicised on your website, and/or included in your attendance policy, and/or sent out in newsletters (so there is no doubt parents are aware of the potential issue of a penalty notice) this should not prevent it being issued. We recommend that in an instance where a parent does not request or inform you of a holiday being taken, a letter is sent to them informing that the absence has not been authorised and providing them with the opportunity to discuss the matter with you so a decision can be made as to whether the absence was due to an “exceptional circumstance”. Appendix XX in the “ESCC Penalty Notice Guidance for Schools and Academies” document (available on CZONE) provides an example of the wording that could be used in the letter to the parents.
3. A request was received for 4 days of absence for a holiday, which would not incur a Penalty Notice. The child was then reported as sick on the 5th day but we believe this was not the case. Is there anything we can do?
If you strongly believe that the child was not sick on the 5th day of absence, then you could ask the parents to provide evidence of the sickness absence, this could be a GP appointment card or prescription. Alternatively, the parents can provide evidence of their return from holiday on the 4th day (i.e. holiday booking form, flight tickets). If you are confident that the child was still on holiday and can provide evidence of letters you have sent requesting evidence of sickness or formal holiday paperwork and it has not been provided, then you can request a Penalty Notice. We would encourage you to speak to ESBAS if there are any circumstances where you are not sure whether a Penalty Notice can be requested. If the parent provides evidence, the head teacher should then consider if the absence should be authorised.
4. Although the head teacher makes the decision to unauthorise an absence request, isn’t it the decision of East Sussex County Council (ESBAS) to issue the Penalty Notice?
No, by submitting the request the school has made the decision that the circumstances are appropriate for a Penalty Notice to be issued. ESBAS will issue the Penalty Notice following receipt of the request from the school unless the following applies:-
a. all relevant information is not supplied in the specified manner;
b. the circumstances of the pupil’s absence does not meet the requirements of the Code of Conduct;
c. the issuing of a Penalty Notice conflicts with other intervention strategies in place or other enforcement sanctions already in process.
d. In the case of a holiday in term time, the absence is less than 5 consecutive days (10 consecutive sessions).
If any of the above applies, ESBAS would contact the school to discuss the matter.
5. What if the parent doesn’t agree with the decision not to authorise the request for absence?
The ‘Leave of Absence Request’ leaflet for parents outlines that a holiday in term time is not considered to be an exceptional circumstance. This leaflet is available on CZONE and the East Sussex County Council website. ESBAS staff will also reiterate this to parents who contact them with this query; however, sometimes a parent may feel they want to re-visit the request with the head teacher upon receipt of the Penalty Notice. ESBAS will put the Penalty Notice on hold for a short period of time to enable those discussions to take place. However, ESBAS will support the decision of the head teacher and will pursue payment and possible prosecution if the parent does not pay.
6. Can a Penalty Notice be withdrawn?
Legislation only allows for a Penalty Notice to be withdrawn if it ought not to have been issued to the person named or it contains material errors. However, there may be times when additional information is provided after the Penalty Notice has been issued which lead you to feel that it should be withdrawn. In this instance please email outlining the reason for withdrawal. ESBAS will confirm that the Penalty Notice has been withdrawn and it is the responsibility of the school to inform the parents.