Attendance
The general rules on school attendance include:
- it is a parents’ duty to send their child to school regularly if they are of compulsory school age
- it is schools’ responsibility to record attendance and follow up absence
- the local authority is able to resume the use of legal sanctions, including penalty notices and processes that may lead to prosecution in court for persistent absence.
Penalty Notices
With effect from the 19 August 2024, the law changes and Penalty Notices will increase. Penalty charges will be £160 if paid within 28 days reducing to £80 if paid within 21 days per parent/carer per child.
The National Framework for Penalty Notices introduces a new national limit of two penalty notices that can now be issued to a parent for the same child within a rolling three year period. If a second Fixed Penalty Notice is issued to the same parent for the same child, within three years of the first Fixed Penalty Notice, the second Fixed Penalty Notice is charged at a flat rate of £160 if paid within 28 days.
Once two Fixed Penalty Notices have been issued, if a third unauthorised leave of absence occurs within a three year period, the Local Authority is able to move to prosecution immediately.
The Education (pupil registration) (England) (amendment) Regulations 2013 provide that FPN’s can be issued to each parent/carer of each child taken out of school without the authorisation of the school. Parent/carers should also be aware that if more than one child is taken out of school a FPN can be issued to each parent/carer of each child.
The Education (Penalty Notices) (England) (Amendment) Regulations 2024 introduced a new National threshold of 2 penalty notices that can be issued to a parent for the same child within a rolling 3-year period. If a second penalty notice is issued to the same parent for the same child, within 3 years of the first penalty notice, the second penalty notice is charged at a flat rate of £160.
If an unauthorised leave of absence is taken for a third time (or subsequent times) within 3 years of a first FPN being issued, another tool will need to be considered such as prosecution or other attendance legal interventions.
How many absences result in an FPN?
The National Framework for penalty notices introduces a single consistent national threshold for when a penalty notice must be considered, of 10 sessions (usually equivalent to 5 school days) of unauthorised absence within a rolling 10 school week period.
The amount of the fine is £160 if paid within 28 days reducing to £80 if paid within 21 days per parent/carer per child
What happens if I don't pay?
If you don't pay the fixed penalty notice you may be prosecuted for the offence of failing to ensure your child's attendance at school.
You will receive further details from our legal team to confirm the intended prosecution, including details of scheduled court hearings. In this event you will be advised to seek independent legal advice.
Appeals
There isn’t a legal right of appeal after a Penalty Notice has been issued. You can, however contact us if you have an issue, for example, you believe that the Penalty Notice has been issued to the wrong person and/or opt to face proceedings in the Magistrates’ Court under Section 444 of the Education Act 1996 where all of the issues relating to the Penalty Notice can be fully debated.
Where to find help
If you require any further information please email us at pcn@sefton.gov.uk
Click here to download the Penalty Notice Code of Conduct
Children Missing Education
Sefton Council recognise that poor school attendance can be both a cause and a symptom of more complex problems in the lives of children and young people. Where this is believed to be the case, individual school staff and targeted services will work with the family to understand the barriers to accessing education and offer support to overcome them.
However, in some cases the child and family may need support from a number of different agencies to meet their needs, and this support can be co-ordinated through an Early Help assessment.
Sefton offers schools additional attendance support through traded services. Information about this is available through Traded Services. https://www.seftoneducation.uk/
In Sefton, we strive to successfully return children to school and uphold the rights of children to access their education. Where additional needs or barriers have been identified, Sefton will always offer advice on support, and will only consider pursuing legal action as a last resort. However, statutory action can and will be taken against parents where necessary, and there is an expectation from government that we will use the legislation available to pursue this.
Children with a Social Worker
From September 2021, the Local Authority will extend the role of the Virtual School Head to promote the educational outcomes of the cohort of children with a social worker.
The Virtual School Head will take a strategic leadership role for this cohort of children and work with early years settings, schools, colleges and social care leaders to create a culture of high aspirations that helps all children with social workers to reach their full potential.
In Sefton, part of our planning to improve outcomes for children with a social worker is being committed to improving their attendance and reducing persistent absence.
Due to the success of our first day response initiative in improving the attendance of children with a social worker, we have made the decision to continue with the first day response model of practice as we feel it will support the pandemic recovery planning and promote good educational outcomes for this cohort of children.
Click here to view the First Day Response Policy.
Unregistered Schools and Out of School Settings
Over recent years across the UK, there has been a rise in the number of institutions operating as schools which should be registered. Operating an unregistered school is a criminal offence and Sefton Council is working together with the DfE, Ofsted and other organisations to help ensure children receive a suitable education in the correct environment.
What makes a school unregistered?
A school must be registered with Ofsted if it offers full–time education and:
- Has five or more pupils of compulsory school age
- Is independent
- Has one or more pupils with an Education Health Care Plan (EHCP), previously known as a statement of special educational needs
- Has one or more pupils who are looked after (within the meaning of section 22 of the Children Act 1989).
If a setting is operating as a school and is not registered as a school it is illegal and children may be at risk.
What is the risk of attending an unregistered school?
Schools that are unregistered do not have to comply with the same rules and regulations that registered schools do. These rules and regulations exist to keep children safe, offer the best learning environment possible and keep educational standards as high as possible.
Parents and guardians who send children to unregistered schools may:
- Be putting children at risk of harm
- Be denying them a suitable education
- Be limiting their life chances.
How is the issue of unregistered schools being tackled?
Ofsted has a dedicated team of inspectors to identify, investigate and collect evidence about potential unregistered independent schools. Ofsted has the power to inspect suspected unregistered schools.
Between January 2016 and 31 March 2020, Ofsted’s Unregistered Schools team investigated 694 settings suspected of operating as an unregistered school. 345 inspections took place and 95 warning notices were issued. This led to 79 settings either being closed or to cease operating illegally. Some people found to be running an unregistered school have been prosecuted.
How can I help?
If you are aware of an unregistered school or believe there is a possibility a setting may be operating as a school, then please contact: Welfare.officers@sefton.gov.uk
We can then ensure that the necessary checks are undertaken to establish whether the setting is operating in a way that requires it to register as a school.
If your query is urgent, please contact the Tracy McKeating on 0151 934 3359.
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