Referrals to the Local Authority

Referrals to the Local Authority can be made by either schools or the police. Stockport Family will issue Education Penalty Notices on behalf of the Local Authority in Stockport.

Where schools and the police identify a case which they believe is suitable for the Education Penalty Notice system, they shall submit the appropriate referral to Stockport Family.

Cases will always proceed in accordance with this Code of Conduct and any other guidance made by Stockport MBC on Education Penalty Notices. Regard must also be had to any guidance published by the Secretary of State.

Referrals from Headteachers (and school staff authorised by them) or the police to issue Notices to Improve/Education Penalty Notices will be considered provided that:

  • All relevant information is supplied in the specified manner on the referral
  • The circumstances of the pupil’s absence meet all the requirements of this Code of Conduct
  • The issuing of an Education Penalty Notice does not conflict with other intervention strategies already in place or which are felt to be more appropriate to the particular case.

The new National Framework creates an obligation on schools to consider whether a fine should be issued (or be referred to the LA to be issued) whenever the national threshold of 10 unauthorised absence sessions in 10 school weeks has been met, or if not, whether alternative strategies such as the provision of further support to the family, should be used.

The provision of further support to the family is unlikely to be necessary where the unauthorised sessions comprise of an instance of unauthorised leave of absence (such as for a term time holiday).

However, in cases involving a pattern of regular or sporadic instances of unauthorised absence, schools must consider whether they made sufficient attempts to engage with and provide support to the family to improve attendance. In making this consideration the school should have regard to relevant guidance from the Department for Education and Stockport Council.

Following such consideration, schools should refer suitable cases to the Local Authority Education Welfare team within Stockport Family, using the established online referral processes.

Upon receipt of such a referral, the Local Authority will check whether the minimum threshold has been reached.

It will then consider whether it is appropriate to issue an Education Penalty Notice. In making this assessment the LA will consider the nature of the offence, the circumstances of the case, whether the provision of support by the school to the family was appropriate, and if so, whether sufficient support has been offered.