Agenda item

Report of the Head of Education and Learning (CS/23/22) seeking approval to the School Penalty Notice Code of Conduct for unauthorised irregular attendance at school or exclusion from school, attached.

An Impact Assessment has been prepared for the attention of Members, is attached, and can be found here - School Inclusion Fixed Penalty Code of Conduct - Impact Assessment (devon.gov.uk)

(Councillor Twiss declared a Disclosable Pecuniary Interest in this matter by virtue of being a travel agent (in response to representations made under Standing Order 25(2)) and withdrew from the meeting during its consideration).

RESOLVED that the School Penalty Notice Code of Conduct for unauthorised irregular attendance at school or exclusion from school following recent revision and amendments, be approved.

(Councillors Biederman, Brazil and Whitton attended in accordance with Standing Order 25(2) and spoke to this item).

(Councillor Twiss declared a Disclosable Pecuniary Interest in this matter by virtue of being a travel agent (in response to representations made under Standing Order 25(2)) and withdrew from the meeting during its consideration).

The Cabinet considered the Report of the Interim Head of Education and Learning (CS/23/22) seeking approval to the School Penalty Notice Code of Conduct for unauthorised irregular attendance at school or exclusion from school, circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

The Cabinet noted it was a legal requirement under section 7 of the Education Act 1996 that parents of children of compulsory school age ensured their children received a full-time education that was suitable to their age, ability and aptitude and to any special educational needs that might be had.

The purpose of a Code of Conduct was to ensure that Penalty Notices were applied consistently and fairly across the local authority area and that arrangements for their issue and administration were suitable.

The changes to the Code reflected legislative updates, for example the new Department for Education (DfE) Guidance ‘Working Together to Improve Attendance’ which was likely to become statutory in 2024, Section 7 of the Education Act 1996, the Education (Penalty Notices) (England) Regulations 2007/1867 (as amended), the Human Rights Act and Equality Act 2010.

Further changes included criteria changes, for example, how many Penalty notices could be issued in a 12-month period, criteria for holiday absences, losing the term ‘Fast track to prosecution’ as well as clarification of when a penalty notice could be issued.

It was noted that to date, Penalty Notices had not been issued consistently across Devon and the changes to the Code of Conduct meant it could be applied fairly across Devon. It was also a legislative requirement for

the Local Authority to have a School Penalty Notice Code of Conduct.

The consultation process was outlined in the Report, including liaison with the   DfE Attendance Advisor, Police and Headteachers. 

An Impact Assessment had been prepared and circulated with the agenda and could be found at - School Inclusion Fixed Penalty Code of Conduct - Impact Assessment (devon.gov.uk)

In conclusion, to be compliant with The Education (Penalty Notice) (England) Regulations 2007 as amended by The Education (Penalty Notices) (England) (Amendment) Regulations 2012 and The Education (Pupil Registration) (England) Regulations 2013, amendments were required to the School Penalty Notice Code of Conduct and the changes enabled the Authority to be compliant.

The matter having been debated and the options and alternatives and other relevant factors (e.g. financial, sustainability and carbon impact, risk management, equality and legal considerations and alignment with the Council’s Strategic Plan) set out in the Head of Service’s Report having been considered:

it was MOVED by Councillor Leadbetter, SECONDED by Councillor Hart, and

RESOLVED that the School Penalty Notice Code of Conduct for unauthorised irregular attendance at school or exclusion from school following recent revision and amendments, be approved.