Section 23 of the Anti-Social Behaviour Act 2003 empowers designated local authority officers to issue Fixed Penalty Notices (FPNs) in cases of unauthorised absence from school. This power supplements the existing sanctions to enforce attendance at school currently available under Section 444 of the Education Act 1996.
The Central Bedfordshire FPN Code of Conduct sets out the procedures and terms under which Penalty Notices can be issued in Central Bedfordshire. Penalty Notices may only be issued in compliance with this Code (a copy of this Code is available from the Access and Inclusion Service on request).
This form should be completed by the headteacher/principal (or his / her representative) and submitted to the local authority to request the issuing of a Fixed Penalty Notice in relation to the unauthorised absence of a registered pupil at the school.
An up to date register extract and the School Attendance Intervention Chronology must be attached to the referral.
Where a referral is for an unauthorised holiday in term time and the parents formally applied for this but the application was refused, please attach a copy of the letter informing them of this. (Clearly this won’t be possible where parents have taken leave of absence without making a formal application as they are required to).
Parents must be made aware that a school may request that a Fixed Penalty Notice is issued in for unauthorised absence and ideally this would be via your School Attendance Policy, although it is useful for this communicated in other ways such as ‘planners’ and a schools website.
When considering whether to request that a Fixed Penalty Notice be issued and any of the following circumstances apply, a discussion with your School Attendance Officer prior to any request needs to take place:
- Child is on a CP Plan or a Child in Need.
- The presence of Parental/Child Mental Health/Physical Health issues
- Known Parental Literacy issues.
- The pupil is CME
- The pupil is currently live referral to a School Attendance Officer.
- Has an EHCP or identified SEND Needs
- Those pupils defined by the DfE as ‘Seriously Absent Pupils’ with 50% or less attendance. (https://www.gov.uk/government/publications/working-together-to-improve-school-attendance)
Before completing please have the following ready:
- Copy of the pupil's register
- Any other supporting information/evidence
- Pupils and parents details