Penalty notices or prosecutions

The DfE’s statutory guidance, effective from Monday 19 August 2024, states that each local authority must have a local code of conduct which states a requirement for all authorised officers to: 

• check with the local authority before issuing a penalty notice to prevent duplication
• check that prosecution is not ongoing or being considered 
• check agreement on the considerations before issuing (including whether sufficient support has been provided) and the processes for doing so.

The Essex County Council – Code of Conduct - Penalty notices for school absence/suspended pupils lists the names of all partners who are accredited/authorised, within Essex, to issue penalty notices.

A dedicated online referral portal has been created to allow all partners to share details of the required “support first” approach so that the required checks may be made and agreement may be granted for legal action to proceed. Accredited company partners should use the link below, ensuring that all requested/available pre-referral evidence is shared to avoid delay:

Accredited Companies Referral Portal

Paragraph 182 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.