15 September 2015

Dear Colleagues

Consultation on Revised Code of Conduct on Penalty Notices

We have revised the KCC Code of Conduct on Penalty Notices (PDF, 149.7 KB) to reflect the additional support that is now available from the Early Help Service for families with multiple problems when poor attendance by the children is one important factor. The Code of Conduct is now subject to consultation with schools.

In Kent absence from school is above the national average and, although attendance is improving, there is continued concern about high levels of persistent absence. Clearly we all take this very seriously and recognise the direct impact on pupils' attainment and progress. In situations where support has not improved attendance and absences have not been authorised, leading to a period of unauthorised and persistent absence from school, the situation will be addressed rigorously through legal measures including the use of Penalty Notices.

Kent, even when taking account of its size and the number of schools, has one of the highest rates of Penalty Notices in the country. In revising the Code we aim to ensure the use of Penalty Notices has maximum impact on improving attendance and the sanction is used alongside other remedies that are available to work with families through Early Help.

Schools have the first responsibility to take effective action to improve attendance. They are supported in this by their School Liaison Officer, who is part of the Local Authority's Inclusion and Attendance Service. When the school has done all it can, over a period of time, to improve attendance and there is little or no improvement, two options are available.

One option, where there is clear evidence of underlying problems in the family that require more intensive support, will be to make a Notification to the Early Help and Preventative Service. This will lead to an assessment of the child's and family's needs and an Early Help Plan to support the family to make changes that will improve school attendance and other outcomes.

The second option for the school, where there is evidence that the issue is a more straightforward case of persistent absence, is to work with the School Liaison Officer to issue a Penalty Notice. This may lead to further legal action if the persistent absence from school does not improve.

The Local Authority prosecutes parents under Section 444 of the Education Act 1996, where unauthorised absences are most serious and the parents have failed in their legal duty to ensure their children's attendance at school. Under Section 23 of the Anti-Social Behaviour Act 2003 local authority officers, Headteachers and the Police have the discretionary power to issue Penalty Notices in the appropriate cases of unauthorised absence from school.

Penalty Notices may also be issued when parents have taken their children out of school for holidays in term-time without the school's authorisation. From 1st September 2013, Headteachers are unable to agree leave of absence during term-time unless they are satisfied that there are exceptional circumstances.

The revised Code sets out the exceptional circumstances, the discretion available to Headteachers and the criteria we will use to issue and process Penalty Notices in future. The consultation process will begin shortly and we welcome your views on the Code.

For further information please contact the Head of the Attendance and Inclusion Service, Ming.Zhang@kent.gov.uk

You can also contact your Area Attendance and Inclusion Lead Officer: Cathy Edwards in the West; Melanie Higgins in the East; Heidi McGee in the South and David Boyd in the North.

School Improvement Service: Senior Improvement Advisers

While we go through the process of appointing to a new post of Head of School Improvement, Nigel Blackburn will continue to lead our work with Secondary schools and Linda Pickles will lead on school improvement in Primary schools.

Following some staff changes and new appointments the following colleagues are now the Senior Improvement Advisers for each of the areas:

Secondary Lead:

Primary Lead:

Special Lead:

For further information please contact the Director of Education Quality and Standards, Gillian.Cawley@kent.gov.uk

We will shortly re-issue the full contact list for all local authority lead officers across all our services, which will be available on the KELSI website. In the meantime if you have any queries please contact my office, Hilary.Williams@kent.govuk

Patrick Leeson
Corporate Director Education and Young People's Services