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Referrals to MECES for Exclusion Penalty Notice

Page last updated: 30/01/2018

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: 

 

Please note: 

  • ​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

Useful links:

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