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Pupil attendance and absence management policy

Stage 3: Legal process

The case file of intervention will be reviewed and authorisation sought from the Attendance and Safeguarding Manager.

Papers and witness statements will be prepared and sent to Stockton-on-Tees Borough Council's Law and Democracy Department to obtain a summons from the Magistrate Court.

An attendance certificate detailing the period of prosecution signed by the head teacher is required and will be requested by the attendance officer to accompany the paperwork sent to the solicitor prosecuting on behalf of the local authority from the Law and Democracy Department.

In some circumstances, school staff may also be asked to provide witness statements and appear in court as a witness for the prosecution where a not guilty plea is entered by the parent(s) or carer.

Following prosecution

If the pupil's school attendance has improved, the case will be passed back to school for school level monitoring and should unauthorised absences reoccur, then the school should commence their school attendance procedures.

If unauthorised absences continue, the attendance officer will arrange a post court attendance case conference. If the parent(s) or carers received a disposal from the magistrates court that is suspended, the parent should be aware that a subsequent prosecution within the time period of the suspended disposal will result in that disposal being imposed along with additional sentencing for the current offence.

In certain circumstances and if deemed necessary, consideration will be given to changing the attendance officer working with the family.

Schools should follow their Safeguarding Procedures for first day response throughout this process.

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