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 ensure consistency in approach to the issuing of fixed penalty notices throughout Lincolnshire and
  • to provide a clear, consistent and transparent approach to the use of the fixed penalty system for:
    •  all school types
    •  the police
    • parents in Lincolnshire

Regular and punctual attendance at school or any alternative provision 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, fixed penalty notices are an option where other strategies have been unsuccessful. They should not be used as a first resort.

The Regulations allow the LA, schools and police (or PCSOs with delegated authority) to issue fixed penalty notices. This code is drafted with reference to the process that the LA and Police will adopt. If schools wish to issue fixed penalty notices, rather than allow 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.