Swindon Borough Council

SWINDON BOROUGH COUNCIL REQUEST TO ISSUE FIXED PENALTY NOTICE

Section 444 Education Act 1996

This form is to be completed by the Headteacher/Principal. It will be used in legal action under the above act relating to non-school attendance of registered pupils at the school. This request should be received by Education Welfare Service within 2 weeks of the child’s return to school after unauthorised leave of absence or after the start of new school term if later. If it is not received within this timescale, there may be insufficient time to issue a fixed penalty notice and/or prosecute.

SCHOOL/ACADEMY: PRINCIPAL/HEADTEACHER: CHILD DETAILS Name: Gender: M/F DOB: Academic Year: Ethnicity: SEN: Y/N Free School Meals: Y/N Address:

PARENTS/CARERS DETAILS Name: Relationship to child: Address: Name: Relationship to child: Address:

SIBLINGS OF COMPULSORY SCHOOL AGE: (Requests for FPN for any siblings to be made on separate request form) Name: Request for FPN: Y/N Address: School:

UNAUTHORISED ABSENCE: Dates: Code of Practice Code Number: Any other relevant information:

PREVIOUS FPN/LEGAL PROCEEDINGS RELATING TO PARENT/S IF KNOWN: Child’s name Date of absence:

Fixed Penalty Notice Request June 2015 PREFERRED LANGUAGE

Is English the first language? Y/N Can the family receiving this penalty notice read, speak and understand English? Y/N If no does the penalty notice need to be translated? Y/N If yes which language would the penalty notice need translating into?

Declaration

I am the Headteacher/ Principal of the school named. I hereby certify that the information given in this form is true to the best of my knowledge. The information has been extracted from the school’s register of attendance, which I have attached as above.

I certify that the information given in this form is true to the best of my knowledge, and all the following documents are attached:

1. Certificate of attendance signed by headteacher/principal and stamped with school stamp 2. All other documentation relation to the absence e.g. request for leave/school response

Signed by Headteacher/Principal:

Please send this form fully completed to:

Mary Donovan, Named Officer for Legal Processing, Children, Young People and Families Support Centre, Palm Tree Lodge, 21 Green Road, Swindon, SN2 7JA

Fixed Penalty Notice Request June 2015 Circumstances where a Penalty Notice will be issued

The issuing of Penalty Notices is considered appropriate:

1. In cases of absence from School/College/Academy when the pupil has been taken on a holiday during term time irrespective of the length of the absence and the absence has not been authorised by the school.

In such a case, each parent will receive a separate Penalty Notice for each child taken out of school.

Should a parent fail or refuse to pay any Penalty Notice issued for this reason, then the evidence provided by the School/College/Academy will be the only information laid before the court. There will be no automatic Education Welfare Officer involvement.

2. Following a Truancy Watch Patrol enquiries will be undertaken with the School/ College/Academy of any pupil stopped. In cases where the School/College/Academy has recorded the absence of the pupil as unauthorised then a Penalty Notice will be issued.

Penalty Notices will not be issued during Truancy Patrols as this could be a health and safety risk. Additionally, not all the relevant evidence will be available to prove the offence at that time.

3. In the early stages of casework, a School/College/Academy might form an opinion that the issuing of a Penalty Notice is appropriate, e.g. in cases where a parent continually fails to provide an explanation for a pupil’s absence in accordance with the school’s procedures, and remains at an unacceptable level. This could include late arrival after registration has closed.

4. Following notification from a School/College/Academy to the LA that a pupil has had an unauthorised absence from School/College/Academy, the circumstances of which appear to have been totally avoidable (e.g. too tired after a late night, a birthday treat, family friends/relatives visiting, shopping).This is irrespective of the length of absence.

5. Following a referral from the Wiltshire Constabulary, procedures as at (2) above will be followed.

6. When a child is found to be in a public place during school hours without reasonable justification during the first five days of a fixed period or permanent exclusion from school. (Section 103 and 105 Education and Inspections Act 2006). Reasonable justification may include a pre-arranged medical appointment or a medical emergency

Fixed Penalty Notice Request June 2015