Leave in Term Time Edwina Langley Lead Attendance

Leave in Term Time Edwina Langley Lead Attendance Officer Education Legal Intervention Team

The Law Education Act 1996, Section 444(1) “If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence” Page 2

2015/16 Three Term data - % of absence Page 3

Penalty Notices issued in England (not just Leave in Term Time) Page 4

Education (Pupil Registration) (England) Regulations 2006 – 2013 Amendment § Headteachers may not grant any leave of absence during term time unless there are exceptional circumstances § Headteachers should determine the number of school days a child can be away from school if the leave is granted Headteachers are allowed to grant leave in exceptional circumstances No zero tolerance policies please! Page 5

NAHT Guidance – exceptional circumstances ‘The fundamental principles for defining ‘exceptional’ are rare, significant, unavoidable and short. And by 'unavoidable' we mean an event that could not reasonably be scheduled at another time. ’ Page 6

BCC – Exceptional Circumstance (suggestions) § death of parent/carer or sibling of the pupil § life threatening or critical illness of parent or sibling of the pupil § parent/carer recuperation and convalescence from critical illness or surgery (leave request to be made within 6 months of recovery and medical evidence required) § leave for armed forces personnel who are prevented by operational duties to take their leave at any other time § leave of absence already granted by a previous school or local authority (granted within the last six months and supported by documentation from the previous school) Page 7

Leave in Term Time – or something else? (unlikely but possible) § § § § CME? Child at home and not attending? Forced Marriage? FGM? Trafficking? CSE? Domestic Abuse? Child abuse or death? Page 8

Leave in Term Time (Penalty Notice) Process When request received – consider! Never say ‘will’ be issued a penalty notice – always say ‘may’ Please read the Step by Step Guidance!

Threshold unauthorised absence (UA) coded G, i. e. a family holiday - NOT agreed or days in excess of agreement; and a pupil has been absent either: ü for a minimum of 5 school days of G codes + 5 days of other UA in the previous 12 calendar months; or ü for at least ten school days of G codes, where there has been no other UA in the previous 12 calendar months. Where there has been 4 weeks or more of continuous G codes, we may proceed straight to Court.

Legal Interventions Penalty Notices - an alternative to the prosecution of parents § £ 60 for each parent per child - up to 21 days § £ 120 for each parent per child – up to 28 days There is no right of appeal by parents against a penalty notice (but parents can write to us if they think it shouldn’t have been issued) § If payment not received or we consider the level of offence to be great to issue a PN, the case may be prosecuted under section 444(1) of the 1996 Education Act § Up to £ 1000 per parent (level 3 fine) The level of fine is the same as that which can be given to a Head teacher failing to comply with the Education (Pupil Registration) (England) Regulations 2006. Page 11

Support for Schools § Term Time Leave Guidance – Feb 2017 § Leave in Term Time (Penalty Notice) process § Birmingham penalty Notice Code of Conduct https: //www. birmingham. gov. uk/school-attendance Page 12

ewsheadofficeadministration@birmingham. gov. uk 464 8979 Page 13