When a pupil is excluded from school for either a fixed term or permanently, S.103 Education and Inspections Act 2006 places a duty upon the parent/carer to ensure that the pupil is not present in a public place at any time within school hours during the first five days of the exclusion.
S.104 of the Act requires schools to follow the prescribed exclusion process. All information regarding exclusions, including template letters, may be found on the Alternative Education Commissioning Service page.
If a parent/carer fails in their duty, a penalty notice may be issued under S.105 Education and Inspections Act, unless the parent/carer can prove there was a reasonable justification. If the pupil is identified in a public place and it is within the first five days of the exclusion, the school is to write to the parent/carer within ten school days and allow an opportunity to provide a justifiable reason. The supplied template letter should be used for this purpose:
The Headteacher must decide whether it is appropriate to apply for a penalty notice, based upon the information the parent/carer provides. The application for a penalty notice must be made within 21 school days of the sighting of the pupil. If you wish to request a penalty notice for an excluded pupil who has been sighted in a public place during the first five days of their exclusion, please do so via this link:
- For evidential purposes, all letters must be sent via Royal Mail or handed to each parent/carer under separate cover
- By requesting a penalty notice, the school is acknowledging that, should the penalty notice remain unpaid, a prosecution will be sought and members of school staff may be called to court as witnesses