Penalty notices or prosecutions

Requests for penalty notices or prosecution (where clear evidence of an extensive “support first” approach is available). This link should not be used if you are seeking to make a referral following a 10+ session term time holiday which has been coded using the G code. For unauthorised leave of absence penalty notices, use this link.

In line with the DfE’s statutory guidance, the Attendance Compliance Team will only consider taking legal action, where schools can show they have offered extensive support to the family and either:

• the support has not resulted in improved attendance
• parents have failed to engage with the support available and attendance levels remain a concern

Legal action may only be taken in cases where the national threshold for legal intervention has been met, i.e. where 10 or more sessions of unauthorised absence have been recorded within a rolling 10 school week period. The unauthorised absence sessions must have been coded using either the O, U and/or G code.

Essex County Council will not issue penalty notices where N codes are included within the 10 sessions of absence being relied upon to meet the national threshold.

Only pupils who are of compulsory school age fall within the scope of both the penalty notice Code of Conduct and statutory legal intervention provisions.

Irregular School Attendance: Penalty Notice/Prosecution Requests

Requests for penalty notices or prosecution may be submitted to the Attendance Compliance Team via the online portal link.

The Attendance Compliance Team will consider

• all pre-referral evidence which is shared with each referral
• will only agree to take legal action as a last resort after a “support first” approach has been exhausted

If sufficient evidence is not provided they will decline the referral. Advice and guidance will be provided on what further support the school can explore with the pupil/family.

The pre-referral evidence requirements include:

• copies of letters
• emails
• meeting notes
• attendance contracts
• telephone conversations (both with the family and other professionals)

Paragraph 183 of the DfE’s guidance makes clear that the local authority’s decision on whether sufficient support has been provided before issuing a penalty notice should be treated as final.