Pupil attendance and absence management policy

Referral to the Locality Team will be accepted when:

• school have completed tier 1 and tier 2 interventions
• unauthorised absences continue 
• the documentation to evidence completion of tier 1 and tier 2 interventions by school is provided with the referral form, this will be quality assured by a member of the locality team
• the referral threshold is met ten unauthorised sessions (5 school days) in the previous 10 school weeks

It is good practice to inform the parent or  carer that a referral has been made to the local authority Locality Team for legal intervention.

All referrals should be accompanied by the following supporting evidence:

• copies of letters to parent or carer
• details of home visits - dates, outcomes
• copy of school's attendance improvement support plan including minutes from review meetings
• copy of the Help and Support Assessment and details of review (provide reason if this is not in place)
• up to date attendance printout
• details of other agency involvement
• fully completed referral form
• details of person with parental responsibility
• signed and dated by the headteacher 

On receipt of all the relevant paperwork, a fully completed referral form and an attendance printout displaying recent unauthorised absence over the previous 10 week period, the locality team will action the referral.

The Local Authority Locality Team will decide to either:

(a)  follow Stockton local authority penalty notice procedure, or

(b)   arrange an Attendance Case Conference

Penalty Notice Procedure

A penalty notice "Notice to Improve" will be issued by the local authority to the parent(s)/carers named on the referral form outlining their parental responsibility.  The Notice to Improve advises the parent or carer the child should return to school immediately with regular daily attendance.

The "Notice to Improve" will cover a 6-week monitoring period and no further unauthorised absence is expected during this time.  Evidence to cover absences must be provided by the parent or carer.

At the end of the 6-week monitoring period, the locality team caseworker will review the pupil's school attendance.  If the target has been met (no unauthorised absences in the 6-week monitoring period) the case will be closed and passed back to school level monitoring.

If unauthorised absences continue, a penalty notice will be issued to the parent or carer named on the referral form submitted by the school.

In cases of non-payment, the local authority will consider prosecuting the parent or carer in the magistrate court.

Parent or carer may not be issued with more than 2 penalty notices in a rolling 3-year period from the issue of the date of the first penalty notice.  A further instance will be escalated directly to prosecution in the magistrate court.

Attendance Case Conference

If a parent or carer has been prosecuted previously for failing to ensure their child's attendance, an Attendance Case Conference will be convened.

A notice to improve will be issued to the parent or carer detailing their parental responsibility and outlining the local authority's consideration of prosecution in the magistrate court if unauthorised absences continue.

The local authority officer will contact school staff to arrange an Attendance Case Conference.

Once the Attendance Case Conference has been arranged, a letter will be sent to the parent or carer inviting them to attend to the meeting. If other professionals are involved with the family, they will also be invited to the meeting.

A parenting contract and a 6-week attendance plan will be negotiated and put in place at the meeting.  The parent or carer will be cautioned according to PACE (Police and Criminal Evidence Act 1984, PACE).

The officer will visit the parent or carer within one week of the meeting to deliver the minutes and parenting contract.  The parent or carer will be invited to sign the parenting contract.  All parties will be asked to sign the contract: school representative, parent, pupil, and local authority officer.

Further home visits will be made at least fortnightly during the period of the plan to offer advice and support to the parent and pupil.

On review, if the attendance target set at the attendance case conference is achieved, a further 4-week monitoring period will take place.  The caseworker will maintain contact with the parent or carer and pupil during this period. If targets continue to be met, the case will be closed and passed back to school level monitoring.

If new information becomes available to the caseworker during the intervention that suggests the family circumstances have changed, or a significant need emerges relating to the family, then it may be appropriate to return to attendance case conference to ensure the plan is fit for purpose.

If the targets set at the attendance case conference meeting are not achieved, then the local authority will consider prosecuting the parent or carer in the magistrate court.  

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.