Education penalty notice code of conduct

Quick reference guide for schools implementing the new national framework for penalty notices

The new penalty notice framework creates a single consistent national threshold for when a penalty notice must be considered by all schools in England. The threshold is:  

  • 10 sessions (usually equivalent to 5 school days) of unauthorised absence within a rolling 10 school week period. 
  • These sessions do not have to be consecutive and can be made up of a combination of any type of unauthorised absence.  
  • The period of 10 school weeks can also span different terms or school years. 

A penalty notice should only be requested when:  

  • It is deemed likely to change parental behaviour 
  • The school can clearly demonstrate support has not worked or been engaged with, or,   
  • The ‘support first’ approach would not be appropriate in the circumstances of the offence (e.g., an unauthorised holiday in term time) 

Schools can use the quick reference guide below to ensure that they have successfully met the criteria prior to submitting a request. 

Criteria 

Action to take if not 

The school’s attendance policy been updated to include the DfE penalty notice legislation that came into effect from 19 August 2024?

Review and update the school’s attendance policy to reflect the changes before summitting a request for a penalty notice. 

You have read Southwark’s code of conduct (CoC) for issuing penalty notices?

Refer to the code of conduct in the Education Inclusion Handbook. 

If the request is for O/U codes, an attendance and inclusion consultation been completed with the Education Inclusion Team?

Contact the Education Inclusion Team to request a consultation before you complete the online referral form. (Email earlyhelp@southwark.gov.uk).

A Notice to Improve (NTI) been issued to the parents/carers?

Consider issuing a NTI before submitting a penalty notice request. 

You have attached all required evidence to the referral in line with the CoC (section 23)?

Attach all the documents as outlined in the CoC (section 23) before submitting the referral form. 

The parents/carers have been informed that the school is requesting a penalty notice?

Inform the parents/carers in writing that the school is submitting a penalty notice and the reason for this before submitting the request to the local authority. 

The child(ren) have been discussed at your most recent targeting support meeting? 

Ensure that the child is discussed at the next meeting unless attendance has improved. 

If the child is open to Children’s Social Care, Family Early Help or the Youth Justice Service you have sought the views of the lead professional prior to requesting a penalty notice? 

Consult with the lead professional prior to requesting the penalty notice. 

Where there are multiple and/or complex out of school factors impacting on attendance, you have considered a referral to Family Early Help? 

Review criteria for a referral to Family Early Help, seek consent from the parents or carers, and submit referral if criteria are met.  

You have completed all the questions on the referral form? 

Contact the Education Inclusion Team if you need advice on how to complete the referral or any other aspects of the framework. (Email earlyhelp@southwark.gov.uk).

Page last updated: 07 November 2024

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