Particular considerations: Education Penalty Notices as a response to patterns of regular unauthorised absences and late arrival after the close of registration

Where a pattern of regular or sporadic instances of unauthorised absence which consists of at least 10 sessions (whether or not consecutive) of unauthorised absence within a 10 school week period, an Education Penalty Notice can be issued, but normally only after the child’s parent has first been given an opportunity to improve attendance by the LA in the form of a Notice to Improve.

A school week is any week in which a school meets at least once and the 10 school week period may span different terms or school years.

A Notice to Improve can be issued by the LA either as an immediate response to new enforcement referrals from schools or as an intervention used in respect of pre-existing enforcement referrals in respect of which other interventions may have already been used by the LA (such as allocation to an Education Welfare Officer).

A key consideration in deciding whether to issue a Notice to Improve will be whether it can be effective in helping to get the pupil back into school. A Notice to Improve will generally be used where the parent is deemed capable of securing an improvement in the child’s non-attendance but has failed to do so.

Examples of when a Notice to Improve may be considered appropriate include:

  • parentally condoned non-attendance where the parent is deemed capable but unwilling to secure an improvement in attendance (e.g. a failure to engage with support measures)
  • a parent continually failing to provide an explanation for a pupil’s absence in accordance with the school’s procedures.
  • the pupil has a record of unauthorised absences which appear to have been avoidable.
  • there is persistent late arrival after the school register has closed.
  • a pattern of poor attendance develops during a pupil’s final year of compulsory education.
  • A parent has failed to engage meaningfully with support provided by the school or other agencies to improve attendance.

This is not an exhaustive list and each case will be considered individually.

A Notice to Improve will be served by the LA upon the parent(s) by post and will include information about the pupil’s attendance record and the availability of support in improving attendance. The purpose of the Notice to Improve is to give the parent a formal warning that the level of their child’s attendance is unacceptable and must improve in order to avoid legal sanctions.

It will also explain that if there is an unauthorised absence recorded against the pupil in the fifteen school day period following the receipt of the Notice to Improve (deemed to be received on the second working day after posting) an Education Penalty Notice will be issued.

The Notice to Improve will also advise parents about how to access support in improving their child’s attendance.