Code of practice for the implementation of parenting contracts and orders

Southwark Council is committed to raising educational achievement. There's a long-established correlation between pupil absence, poor behaviour and poor academic performance. To raise standards, regular attendance and good behaviour are essential. We will have regard to the Guidance on Education-Related Parenting Contracts, Parenting Orders and Penalty Notices, which are produced by the Department for Education (DfE) in the implementation of all education-related parenting contracts and orders.

This guidance should also be read in conjunction with the three-stage approach to managing attendance and inclusion concerns for lead professionals as detailed above.

Rationale

Regular and punctual attendance at school is both a legal requirement (as specified in the Education Act 1996) and essential for the educational achievement of pupils. A good standard of behaviour whilst in school benefits both the pupil and the whole school community. By law, parents or carers may be guilty of an offence if a child of compulsory school age fails to attend regularly at a school they're registered at or at a place where alternative provision is provided for them, and their absence is not authorised by the school or education provider.

Guidance from the DfE suggests that every school should have a written behaviour and attendance policy and that it is the head teacher’s responsibility to ensure implementation of this on a day-to-day basis. In Southwark, the EIT has delegated responsibility to carry out the duty of the LA to consider legal action for unsatisfactory school attendance under Section 444 of the Education Act 1996.

Parenting contracts are available to support schools and lead professionals in cases of persistent non-attendance or where parenting needs are contributing to behaviour that has led to fixed-term or permanent exclusion. How and when schools use parenting sanctions should be written into their behaviour and attendance policy. 

Southwark Council is committed to ensuring parents and pupils are supported by the school and other services to overcome barriers to regular attendance by the use of a wide range of intervention strategies, including family support and specialist intervention. However, when these fail to secure parental co-operation or where there is insufficient parental engagement to resolve the presenting problem, the use of parenting contracts, parenting orders or penalty notices may assist in securing an improvement in a pupil’s attendance and/or behaviour.

Page last updated: 16 January 2023