The Local Authority has a statutory responsibility to identify, as far as it is possible to do so, children missing education (CME). To ensure that we are satisfying this responsibility as well as investigating cases of poor attendance, all academies, schools and alternative providers will have a named Attendance Improvement Officer.
As patterns of attendance are habitual, early identification and support is essential for individual pupils in need of help. Where barriers go beyond the classroom, this requires schools, local authorities, and other partners to work together to put joint support in place as quickly as possible.
Target support meetings are to be held virtually by the allocated Attendance Improvement Officer (AIO) and the school’s attendance lead. This meeting will be used to provide guidance reference recording on the school register, accessing services, school policies, analysing data and the wider area of attendance approach. AIO’s will also provide support concerning complex cases and pupils who are several absent, by discussing approaches already taken and aiding the school to identify support from within the LA, statutory and voluntary services.
Frequency of target support meetings will vary depending on educational settings, level of need, newly appointed Headteachers/ Attendance Officers and PA figures.
Cluster meetings will occur virtually throughout the academic year to enable the dissemination of information, advice, and guidance in relation to relevant attendance topics. Termly webinars will be available to provide training opportunities to schools to aid the development of best practice.
Schools will have access to a non-school attendance Helpline via both phone and email, Monday to Friday 9.00 – 16.00 during term time, this is monitored by trained and experienced Attendance Improvement Officer’s who can provide information and advice on general attendance issues.
Email: nsa.helpline@cambridgeshire.gov.uk
The process of investigation begins when a school makes a referral for the application of a Penalty Notice or Prosecution and the Legal Panel decides that the referral requires further investigation. The investigation is the responsibility of the Attendance Improvement Officer (AIO) and ends with the application of a Penalty Notice, the conviction of a parent via the Single Justice Process (SJP) or in cases of an aggravated offence, in the magistrate courts or the withdrawal of the referral.
Changes to Attendance Referrals:
We here at Cambridgeshire County Council have been working closely with the DfE to help prepare for the upcoming statutory duties, this has involved reviewing our processes and the use of legal sanctions.
Since the pandemic we have observed longer waiting times for open court dates and a decrease in the financial penalties being provided for a guilty plea. This can have an impact on the effectiveness of prosecution as a means for improving school attendance, as interventions occur too late.
The DfE ‘Working Together to Improve School Attendance’ guidance Working together to improve school attendance - GOV.UK (www.gov.uk) , states that Local Authorities need to ensure that the use of legal sanctions is a last resort, and that Penalty Notices and other means of sanctions are explored prior to escalating to open court.
We will therefore be offering a tiered approach to legal sanctions; this will involve issuing a Penalty Notice to parents/ guardians in place of prosecution (for those without any previous convictions). A Penalty Notice can be issued promptly and, in many cases, can assist with engagement from the parent for support/communication with school and improved attendance.
In the event that attendance does not improve, following appropriate early interventions schools can re refer to request that parents are prosecuted under Section 444(1) of the Education Act. Cases will be heard by the Single Justice Process, which typically takes less time than open court.
Should either of the first approaches be ineffective, schools can make a request for prosecution under Section 444(1A) of the Education Act, then cases can be heard in open court and requests can be made for Parenting Orders.
OPEN COURT 444 (1A)
SJP Section 444 (1)
Penalty Notices
We acknowledge the complexities when supporting families and the effect that this can have on attendance. For complex cases schools are welcome to contact the NSA helpline to receive guidance, signposting, and support.
Non School Attendance Helpline: Monday – Friday 9.00 to 16.00.
Email: nsa.helpline@cambridgeshire.gov.uk
Changes to Online Referrals:
There is an increased focus on early intervention prior to legal sanctions being initiated. It is important that young people and families which are either on the waiting list or currently receiving support are given time for the interventions to work.
Last academic year due to mitigating circumstances and/or evidential difficulties, we as a Local Authority had no choice but to withdraw 9 cases listed in open court and 29 cases listed from Single Justice Process, at considerable time and cost. Local Authority Attendance Officers conducted high levels of investigations following referrals, however 82 of the cases could not proceed to a legal sanction due to medical needs.
Following our meeting with the DfE we have reflected on our referral criteria and therefore we are unable to accept referrals in the following instances:
- A referral for YOUnited has been submitted and the young person is either on the waiting list/waiting an assessment or they are receiving mental health support. Mental health issues affecting a pupil's attendance: guidance for schools - GOV.UK (www.gov.uk)
- An Early Help Assessment (EHA) has been submitted for additional support or the family have been open to Target Support service for less than 12 weeks (YOS, SAFE TEAM, Family Worker, Young Peoples Worker etc.)
- An EHA has not been offered to the family (please note offering via letters, telephone calls, meetings and door knocks is acceptable)
- Young person is currently receiving support from Specialist Teaching Team (Ed Psych / SEN Caseworker) for less than 12 weeks
- If currently on an IAEP with less than two cycles of IAEP reviews
- Missing information of both informal and formal interventions
- If using a wider PN/Prosecution period (more than 8 weeks) with the majority of absences authorised.
- Prosecution period is less than 8 school weeks (80 sessions)
- Prosecution period is for 8 school weeks, and authorised absences have been used e.g., C, I codes etc.
- Registration Certificate contains missing marks or N codes.
- If the young person has an EHCP but this has not recently been reviewed.
Online attendance referral forms will be updated in due course, to evidence the early interventions that schools have offered and barriers that schools have experienced.
We are confident that this new referral form will assist schools and the Attendance Service to assess the effectiveness and suitability of a legal sanction. This will reduce the number of legal sanctions being withdrawn due to mitigating circumstances and/or evidential difficulties.
Thank you to all our schools who have been patient during the changes to this process. If you have any questions or would like clarity concerning these amendments, please contact your allocated Attendance Improvement Officer or make contact through the Non-School Attendance Helpline.