Fixed penalty notices - code of conduct

Introduction

This Code of Conduct is issued by the local authority (LA) in accordance with the requirement of regulation 14 of The Education (Penalty Notice) (England) Regulations 2007. This follows consultation with the police and schools in Lincolnshire as required by the regulations.

The purpose of the code is to promote regular and punctual attendance at school or any alternative provision as this is essential for children to realise their educational potential. It is a legal requirement for all children of compulsory school age. Schools have a multitude of tools available to ensure regular school attendance. Such strategies will be sufficient for most families where attendance is an issue. However, Penalty Notices must only be used as an option where support to secure regular school attendance has been provided and has not worked or been engaged with by the parents, or would not be appropriate in the offence (for example, unauthorised holiday in term time). The regulations allow the LA, schools and police (or PCSOs with delegated authority) to issue Penalty Notices. This code is drafted with reference to the process that the LA and Police will adopt. If schools wish to issue Penalty Notices, rather than instruct the LA to do so, they must comply with the principles established in this code.

Schools that intend to issue their own Notices should provide the LA with a named contact. This ensures provision can be made to establish that any Notices are issued in a fair, consistent and lawful manner. Schools should remember that if they elect to issue Notices, payment will still be to the LA.