Education penalty notice code of conduct

Requests for the Local Authority to issue a penalty notice 

Where the school or police request that the LA issues the penalty notice, they need to complete the online Penalty Notice Notification form which sets out the information that should be made available to the local authority.

The local authority will complete the process which may include issuing the penalty notice within 10 working days. 

For penalty notices being requested/considered on the sole basis of 10 sessions of G code (i.e. 5 days, consecutive or otherwise, of holiday taken during term time over a 10-rolling week period) the local authority, within 10 school days of the pupil having returned to school, must be in receipt of: 

  • a copy of the application made by parents relating to the period/s of absence that have been recorded using a G code 
  • a copy of the written response sent by the school, saying that the absence would not be authorised and why the reason/s for absence were not considered to be exceptional. 
  • a copy of the pupil’s registration certificate, clearly showing that the national threshold has been met and that the right coding has been used to allow for a penalty notice to be issued. 

Where no application for leave has been submitted by parent/s and the leave was taken without prior discussion/knowledge of the school (e.g. where a parent has called to report their child as too unwell to attend school and the pupil is later found to have been absent due to a holiday during term time), the local authority should be provided with the communications between the school and parent/s, clearly showing that parents have been made aware of the school’s intention to issue a penalty notice as a result of the unauthorised absences that have been recorded. 

For penalty notices being requested/considered based on 10 sessions of unauthorised absence (O and/or U coded - consecutive or otherwise) in a rolling period of 10 school weeks, the local authority must be in receipt of: 

  • clear details of the “support first” approach which has been taken by schools/partners to identify the reasons for the pupil’s absence, any barriers impacting the pupil’s attendance and all support strategies which have been offered (whether engaged with by parent/s or not) to remove any such barriers. 
  • copies of all letters/emails sent to the parent/s to advise of the concerns held in relation to their child’s absence levels. 
  • copies of all letters/emails sent and/or details of all telephone calls which have been made to arrange meetings with the parent/s to establish the reasons for absence and identify what support may be needed to improve attendance patterns and prevent further unauthorised absence. 
  • a copy of any attendance contract/s which have been agreed with parent/s and whether these have been adhered to. 
  • a link to the school’s Attendance Policy which makes clear the escalation process which may be applied in cases of unresolved irregular school attendance, including the risk of legal action under this code of conduct/section 444 Education 1996. 
  • a copy of the Notice to Improve which has been issued, if applicable, to the parent/s (see paragraph 19 above). 

Where a Notice to Improve has not been issued, schools will have to share their reasons why. Where a Notice to Improve has not been issued, a copy of the letter to parent/s advising them that they are at risk of receiving a penalty notice, should further unauthorised absence be recorded for their child will be required. 

In cases where the code (O) is used a copy of the Attendance & Inclusion Consultation with EIT (Education Inclusion Team) where one has taken place.

Page last updated: 07 November 2024

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