Education penalty notice code of conduct

Southwark code of conduct for issuing penalty notices for school absence (applies from 19 August 2024)

The purpose of this local code of conduct is to ensure that penalty notices for school absence are issued in a manner that is fair and consistent across Southwark. The code sets out the arrangements for administering penalty notices in Southwark and must be adhered to by anyone issuing a penalty notice for school absence in this area. The code complies with relevant regulations and the Department for Education’s national framework for penalty notices as set out in the ‘Working together to improve school attendance’ guidance. 

Consultation 

This code has been drawn up in consultation with the headteachers and governing bodies of state-funded schools and the local police force. 

Legal basis 

Penalty notices may be issued to a parent as an alternative to prosecution for irregular school attendance under s444 of the Education Act 1996. They can only be issued in relation to pupils of compulsory school age in maintained schools, pupil referral units, academy schools, alternative provision (AP) academies, and certain off- site places as set out in s.444A(1)(b). 

A penalty notice may also be issued where parents allow their child to be present in a public place during school hours without reasonable justification during the first 5 day of a fixed period or permanent exclusion (under section 105 of the Education and Inspections Act 2006). 2  

The definition of a parent in the Education legislation can be wider to include any person who has parental responsibility for the child or who has care for the child, as set out in section 576 of the Education Act 1996. Therefore, applies to: 

  • birth parents, whether they are married or are named on the birth certificate
  • any person who has parental responsibility for a pupil or pupil
  • any person who has day-to-day care of a pupil or pupil i.e. lives with and looks after the pupil

The Education (Penalty Notices) (England) Regulations 2007 (and subsequent amendment 2024) sets out how penalty notices for school absence must be used. 

A penalty notice can only be issued by an authorised officer: that is, a headteacher or a deputy or assistant head authorised by them, an authorised local authority officer or a police constable. Southwark Local Authority authorised officers are the Family Early Help Education Inclusion Team or a delegated senior officer (contact earlyhelp@southwark.gov.uk). 

The national framework for penalty notices is published in statutory guidance ‘Working together to improve school attendance3’. It provides further national guidance on the operation of penalty notice schemes for school absence in England. 

Page last updated: 07 November 2024

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