Criteria for issuing a penalty notice

That the issuing of the penalty notice would be effective in getting the pupil back into education.

The parent must not have a previous conviction for non-attendance.

A minimum absence of 10 sessions (5 school days) which are classed as unauthorised during the previous 8 school weeks must be on the pupils attendance register.

Where a penalty notice warning letter is issued for 10 sessions of unauthorised absence in the previous eight school weeks the pupil's attendance will be monitored for 4 school weeks.

If any unauthorised absence is recorded during this 4 week monitoring period the Attendance Team will consider the issue of a penalty notice to each parent. Each parent will receive a separate penalty notice.

In cases of unauthorised leave of absence for the purpose of a family holiday the head teacher or principal of the school or academy should issue to the parent a warning letter detailing their decision not to authorise the leave and explain why the exceptional circumstances criteria has not been met. A minimum absence of 10 sessions (5 school days) for taking holiday leave during the current term without permission of the head teacher must be accrued and this information forwarded to the local authority Attendance Team by means of a referral. A copy of the warning letter issued by the head teacher and all relevant and requested referral information should be sent to the Attendance Team before a penalty notice can be issued. (Please see Appendix 7 for Penalty Notice Checklist)

The local authority will make the decision whether or not to issue the penalty notice. The local authority will also take into consideration any instance where it appears a parent deliberately or wilfully acted to circumvent the manner in which this policy operates.

In cases where the pupil has been found to be in a public place during school hours without reasonable justification, the letter of exclusion sent by the head teacher at the point of exclusion is considered to be the warning letter in these instances. It should be accompanied by a referral that details evidence that the pupil was in a public place.