I would like the request the following information:
1. Under what circumstances would annual leave be authorised during school term time for a child who attends a state school on your Local Education Authority (LEA) region?
It is completely down to the head teacher of a school to determine whether a leave of absence would be authorised due to exceptional circumstances, based on the information provided prior to the absence occurring. A family holiday is not normally considered an exceptional circumstance.
2. I would suggest that determining the amount of Penalty Notice (fine), based in part on whether a child has one or two parent(s) can be interpreted as discriminatory. What legal basis exists for determining the Penalty Notice amount in this way and what is the basis for this rationale? Please note Section 23 (1) of the Anti-Social Behaviour Act 2003 does not answer this question.
Some LEAs may issue a penalty notice per child, however Devon County Council issues a penalty notice individually to each parent, as defined by Section 576 of the Education Act 1996, that is responsible for the child not attending school. Each parent has a duty to ensure a child of compulsory school age receives a suitable education. If a child is registered at a school, the parent has an additional legal duty to ensure they attend regularly as defined by the Supreme Court as being “in accordance with the school rules”, therefore each and every day the school is open unless authorised.
3. Does your LEA have a formal appeals process for Penalty Notice (fines) being issued in this area to ensure transparency and ensure the notice stands up to legal scrutiny?
There is no statutory right of appeal after a penalty notice has been issued by Devon County Council. If a parent believes a penalty notice has been wrongly issued, they would need to contact the office and discuss this with a member of the team where the case will be reviewed.
4. If a parent or parents submit documentary evidence (for example, a signed letter from their employer) stating that their annual leave is allocated to them; and cannot be taken outside of school term times – would their child’s annual leave be authorised and/ or would a Penalty Notice (fine) be issued in this circumstance?
If documentation has been provided to the headteacher prior to the absence, it is for the headteacher to decide whether this constitutes an exceptional circumstance. Should a leave of absence be granted, it is for the headteacher to determine the length of time a student is absent. The headteacher may decide not to authorise the absence and if the absence goes ahead knowing this, a referral can be made to the Local Authority to instigate legal action should a child have 10 or more unauthorised sessions (1 school day is made up of 2 sessions).
5. In the last financial year, how much revenue was raised by your LEA from Penalty Notice (fines) issued in this capacity?
Total payments received through penalty notice between April 2022-March 2023 = £89,640.
6. Are funds raised by this way ( question 5), used exclusively for educational purposes or is the revenue simply returned to LEA/ Council funds.
All proceeds from penalty notices are used to improve the attendance of children within Devon schools.