Procedure for Issuing a Notice to Improve or Education Penalty Notice

All Notices to Improve and Education Penalty Notices will be served by post. They will be sent to the recipient at his or her usual or last known address by first class post. The Notice is deemed to have been received on the second working day after posting by first class post unless the contrary is proved. Where a Notice to Improve or Education Penalty Notice is issued, a separate Notice shall normally be issued to each parent named on the school register.

Stockport Family will closely monitor the issuing and enforcement of Notices to Improve and Education Penalty Notices, keeping accurate and detailed records. Where an Education Penalty Notice is not paid Stockport Family will instigate proceedings through the court under section 444(1) or (1A) of the Education Act 1996. This will ensure consistency, prevent duplicate notices from being issued and ensure that they are either paid or the recipient is prosecuted.

Prior to issuing a Notice to Improve a check will be undertaken to establish whether any previous Notices to Improve have been issued in the previous 12 months.

Prior to issuing an Education Penalty Notice a check will be made to ascertain whether any Education Penalty Notices have already been issued to the parent in respect of the same child within the last three years. Where the child is known to have attended a school in another Local Authority area within the last three years, a check will be made with that Local Authority to establish whether any Education Penalty Notices have been issued to the parent in respect of the same child within the previous three years.

An LA officer may only issue a Notice to Improve in respect of a child who is a registered pupil at a school in the area of Stockport LA or another LA which has an agreement to that effect with this LA.

At the end of the 15 school day period specified in the Notice to Improve the LA will check whether any unauthorised absences have been recorded against the child, and if so, an Education Penalty Notice will normally be issued to the parent.