Procedure for issuing penalty notices
Penalty Notices will only be issued within the terms of the Code of Conduct. The Inclusion and Attendance Team of the LA are responsible for the administration and issue of penalty notices in Lincolnshire. The LA will ensure that penalty notices are properly issued. They will only issue them for offences where the LA is satisfied that the matter meets the threshold for a prosecution. To request a fixed penalty notice schools must use the online system.
The school will receive an acknowledgement that the request for a fixed penalty notice has been received, authorised and paid. The school will be notified once the period of 28 days has passed if the fine has not been paid. Requests for the issue of fixed penalty notices will be accepted from:
- schools in Lincolnshire
- the Lincolnshire Police
- within the LA
They must include:
- the name and address of all the parent(s)
- the name and address of the child concerned and their date of birth
- details of the offence in terms of documentary evidence. Where the matter relates to an unauthorised absence from school, this should include a signed copy (by head teacher or those with delegated authority within the school) of a pupil absence record (PAR) form showing the period of unauthorised absence
- confirmation of the date or dates over which the offence was committed
Applications should be made as soon after the date(s) of the alleged offence as possible. Late submission of a request for a fixed penalty notice may result in the application being rejected if the time that has elapsed since the alleged offence is such that court proceedings would no longer be viable if the option of a fixed penalty notice is not taken up by the parent. (There is a six month time limit on issuing legal proceedings).
The Court expects action to be taken without undue delay in order to address non-attendance issues. Any unreasonable delay could result in a prosecution case being weakened. More importantly, the education opportunities for the child are being missed.
On receipt of an application for a fixed penalty notice to be issued the LA will assess whether the application:
- is a proper matter upon which a fixed penalty notice should be issued and
- meets the criteria provided for either a formal warning of a fixed penalty notice
The LA will communicate its decision in writing to the applicant.
Where an application for a formal warning or fixed penalty notice is accepted, the LA will issue the warning or notice in writing to the parent(s) concerned. Where there is more than one parent a separate written notification will be sent to each parent for each child that the notice relates to. The notice will be sent to the parent by first class post and by email if one is provided by the school.