The Access to Education team is writing to draw your attention to Brighton & Hove City Council’s revised code of conduct for the provision of administering penalty notices for non-school attendance and for unauthorised absence.
Section 23 of the Anti-Social Behaviour Act 2003 and section 103 of the Education and Inspections Act 2006 enable local authorities to issue penalty notices for certain offences. These notices can be used as an alternative to prosecution under section 444 of the Education Act 1996 and enable parents to discharge potential liability for conviction for that offence by paying a penalty.
This code of conduct is issued under The Education (Penalty Notices) (England) Regulations 2007 (as amended). The council’s Access to Education team is authorised to act under this code and will strive to ensure the consistent, fair and transparent application of the policy regarding penalty notices throughout the city.
All schools wishing to issue penalty notices under this code of conduct must evidence that literature provided to parents relating to attendance, like school prospectus, attendance and behaviour policies, home school agreements and website information and so on are readily accessible and include the warning that parents may be issued with a penalty notice for any unauthorised absence, including unauthorised term time holidays.
The responsibility for classifying an absence lies with the school. The Access to Education team will issue a penalty notice based on the school’s classification and other evidence supplied with the referral.
Further questions or guidance around the code of conduct can be dealt with by the Access to Education team.
Access to Education Manager