PENALTY NOTICES under Section 23
Anti- Social Behaviour Act 2003
Hampshire County Council-Code of Conduct
For issuing Penalty notices in respect of Unauthorised Absence from School
Regular and punctual attendance at school is both a legal requirement and essential if pupils are to maximise their educational opportunities.
Circumstances when a Penalty Notice may be issued:
Penalty Notices can only be issued in cases where a pupil of compulsory school age has been absent and the absence has not been authorised by the school or where the pupil has persistently arrived late after the registers have closed.
The level of absence that is necessary before a Penalty Notice can be issued is 20 or more half day sessions i.e. 10 school days, of unauthorised absence during any 10 week period.
Procedure for issuing Penalty Notices:
The LEA is responsible for issuing Penalty Notices. These will be issued via Education Welfare Service and will require a manager from the Education Welfare Service to authorise their issue.
School action prior to recommending a Penalty Notice:
The School will inform parents in writing about attendance concerns and refer the case to the Education Welfare Service. The School will also offer to meet with the parents to discuss attendance concerns. An expectation is that within 15 school days of the letter being sent the situation will have improved.
A penalty notice can be issued for a first offence in exceptional circumstances e.g. where a parent takes a child on holiday during term time without the school authorising the absence. In such circumstances, the school may make a referral to the Education Welfare Service recommending the issue of a Penalty Notice without first writing to parents as would otherwise be required.
How will Penalty Notices be issued:
The Education Welfare Service will issue them by post.
PENALTY NOTICES under Section 23
Anti- Social Behaviour Act 2003
Hampshire County Council-Code of Conduct
For issuing Penalty notices in respect of Unauthorised Absence from School
Payment of Penalty Notices:
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Penalties will be paid to Hampshire County Council.
If paid within 28 days of receipt of Penalty Notice, the Penalty is £50.If not paid within 28 days but paid within 42 days, the Penalty is automatically increased to £100.
Non-payment of Penalty Notices:
This will lead to prosecution under section 444, Education Act 1996.
Withdrawal of Penalty Notice:
There is no statutory right of appeal against the issuing of a Penalty Notice.
Effective from 1st January 2005
Mrs S J Crowley DHT December 04
