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Term Time Leave / Holiday Requests

National Framework for Penalty Notices for School Attendance

A new National Framework for Penalty Notices for School Absence will come into effect from the 19th August 2024.  A penalty notice is an out of court settlement which is intended to cause improved attendance without the need for a criminal prosecution.

The National Framework aims to: 

  • Make penalty notices more effective by ensuring they are only used in cases where they are the most appropriate tool.
  • Prioritise the support first approach by expecting support to be used in cases where it is appropriate.
  • Improve consistency in the use of penalty notices across England by introducing a new national threshold at which they are considered.
  • Improve the deterrent effect of a penalty notice by increasing the amount and introducing a new national limit of 2 penalty notices within a 3-year period.

The National Framework includes:

  • A single consistent national threshold for when a penalty notice must be considered of 10 sessions (usually equivalent to 5 school days) of unauthorised absence within a rolling 10 school week period. The three-year period begins from the date of the first penalty notice issued on or after 19 August 2024.
  • Unauthorised absence sessions can be consecutive (e.g. 10 sessions of holiday in one week) or sporadic (e.g. 6 sessions of unauthorised absence in 1 week and 1 per week for the next 4 weeks). The 10-school week period may span different terms or school years.
  • The option of using a ‘Notice to Improve’ where support is appropriate to provide a final opportunity to engage with support to prevent a penalty notice being issued.
  • The first penalty notice issued to the parent for that pupil will be charged at £160 if paid within 28 days reducing to £80 if paid within 21 days. (this is less than an inflationary rise since 2013)
  • Where it is deemed appropriate to issue a second penalty notice to the same parent for the same pupil within 3 years of the first notice, the second notice is charged at a flat rate of £160 if paid within 28 days.
  • A third penalty notice must not be issued within a 3-year period. Therefore, in cases where the threshold is met for a third (or subsequent) times within those 3 years, alternative action should be taken instead. This will often include considering prosecution but may include other tools such as one of the other attendance legal interventions.

The penalty notice system is not a money-making scheme and local authorities do not have income targets. Monies should be first used for the administration of the penalty notice system and prosecution. Any revenues collected through the system must be ring fenced for attendance and any surplus must be paid to the Secretary of State.

If you are having trouble getting your child to go to school, the school will discuss attendance problems with you and should agree a plan with you to improve your child’s attendance.

The Council offers support through Team around the Family (TAF) and Live Well.

Home | Live Well Cheshire West (cheshirewestandchester.gov.uk)

Applications for Holidays During Term Time

In September 2013, amendments to the Education (Pupil Registration) (England) Regulations 2006, make it clear that Head Teachers may not grant any Leave of Absence (holiday) during term time unless there are ‘exceptional circumstances

The Head Teacher and the Governing Board will determine what constitutes an exceptional circumstance on an individual basis. If parents/carers need to request Exceptional Leave of Absence, they must complete an ‘Exceptional Leave of Absence’ form. It should be noted that if any application is declined and absence occurs of a consecutive 5 or more unauthorised days, then school will apply to the Local Authority for a Fixed Penalty Notice to be issued to each parent/carer.

The following will not be deemed to be exceptional circumstances:

                      • Family holiday - regardless of profession (with the exception of military personnel)
                      • Availability of less expensive holiday
                      • Availability of holiday accommodation
                      • Parent/carer’s working commitments
                      • Holiday pre-booked by another family member

A child’s absence during term time seriously disrupts their continuity of learning. Not only do they miss the teaching on the days they are away but are less prepared for the lessons building on that teaching when they return to school. There is a consequent risk of under achievement, which we must seek to avoid.

Official forms are available at the office and below for completion for holiday and exceptional circumstances absence requests.  All requests must be submitted via the official form and not by email or verbally please.

The table below sets out the attendance targets and at what stage parents/carers will be contacted about their child’s attendance.

 

Attendance.png

 

Unauthorised Absence and Fixed Penalty Notices

An absence may be coded as ‘unauthorised’ if:

  1. no reason for absence has been given
  2. medical evidence is not received when requested
  3. a request for a leave of absence has been unauthorised
  4. a pupil arrives at school after registration has closed at 9am

 

 

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