Education penalty notice code of conduct

Procedure for issuing penalty notices

The EIT will issue all penalty notices within the administrative area of Southwark Council. This ensures consistent and equitable delivery, avoids duplication of penalty notices, helps to maintain good school and alternative provision relationships with the child(ren) and family and ensures that there is no conflict with other enforcement sanctions. Penalty notices will only be issued by post and never as an ‘on the spot’ action; this will satisfy that all evidential requirements are in place and meet health and safety requirements.

The EIT may receive requests to issue penalty notices from schools and alternative education providers, Southwark Police and neighbouring LAs. These requests will be actioned provided that:

• the school has taken the necessary steps as detailed above
• all relevant information is supplied in the specified manner 5 days before the penalty notice panel
• the circumstances of the pupil’s absence or presence in a public place or non-attendance meets all the requirements of this code of conduct
• the issuing of a penalty notice does not conflict with other intervention strategies in place or other enforcement sanctions already being processed

The EIT will respond to all requests within five school days of the panel. If proceeding to issue a penalty notice, this action will take place within five school days of the panel if the supporting evidence provided clearly details the reasons permission has not been granted. The panel will also need to be satisfied that the school or alternative education provider has ensured that policies regarding leave of absence in term-time are widely and regularly publicised to parents and carers and that reasons for refusal to grant permission are confirmed in writing.

If a pupil with unauthorised leave of absence in term-time has a sibling (or siblings) attending another school, it is good practice that relevant schools coordinate their decisions in order to ensure a consistent approach.

The use of penalty notices will normally be restricted to one per parent per academic year. Not more than twelve may be issued per pupil per parent per academic year for a pupil being found in a public place whilst excluded. In the case of a period of unauthorised leave for the purpose of a family holiday in term-time, a penalty notice may be issued on more than one occasion.

A penalty notice may be issued to each parent liable for the offence or offences.

Procedure for withdrawing penalty notices

Penalty notices can only be withdrawn in the following circumstances:        

1. Where it has been established, the penalty notice was issued to the wrong person or the LA deems that the penalty notice should not have been issued.
2. The penalty notice did not conform to the terms of this code of conduct.
3. The penalty notice contains material errors.

Appeals

There is no statutory right of appeal against the decision to issue a penalty notice and the sole authority to authorise absences lies with the head teacher, and their decision is final. The Education (Pupil Registration) (England) Regulations do not allow head teachers to give retrospective authorisation for absence.

Payment of penalty notices

Arrangements for payment are detailed on the penalty notice. The payment of a penalty notice discharges the parent or carer’s liability for the period in question, and they cannot subsequently be prosecuted under other enforcement powers for the same period.

A penalty notice will impose a financial penalty of £120 to be paid within 28 days, reduced to £60 if paid within 21 days of receipt of the notice. Southwark Council retains any revenue from penalty notices for the administration of the scheme and to promote the inclusion of vulnerable children in education.

Non-payment of penalty notices

Non-payment of a penalty notice may result in prosecution under the provisions of Section 444 of the Education Act (1996) or prosecution under Section 103 of the Education and Inspections Act (2006).

Publicity

All schools and alternative education provisions intending to use penalty notices must draw this to the attention of parents and carers on a regular basis and publish details of the scheme in their attendance policy.

Page last updated: 16 January 2023