The Education (Penalty Notices) (England) (Amendment) Regulations 2024
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Change 1
5 Duty to consider issuing penalty notice under section 444A(1) of the Education Act 1996 in respect of absence during period of 10 school weeks
(1) After the heading “Issue of penalty notices” (before regulation 10) insert— Duty to consider issuing penalty notice under section 444A(1) of the 1996 Act in respect of absence during period of 10 school weeks 9A (1) An authorised staff member who becomes aware that a relevant entry of absence has been recorded in a school’s attendance register in respect of 10 sessions in any given period of 10 consecutive school weeks in respect of a child must, as soon as practicable, comply with paragraphs (2) and (3). (2) The authorised staff member must consider whether they have discretion to issue a penalty notice to the child's parent under section 444A(1) of the 1996 Act. (3) If the authorised staff member considers that they do have discretion to issue a penalty notice to the child’s parent under section 444A(1) of the 1996 Act, the staff member must then consider whether they should— (a) exercise that discretion to issue a penalty notice to the child’s parent, or (b) refer the case to another authorised officer for that other officer’s consideration. (4) If an authorised staff member refers the case to another authorised officer in accordance with paragraph (3)(b), the other officer must consider— (a) whether they have discretion to issue a penalty notice to the child's parent under section 444A(1) of the 1996 Act, and (b) if so, whether they should exercise that discretion to issue a penalty notice to the child’s parent. (5) A “relevant entry of absence” means any one or other of the following entries made in accordance with regulation 10 of the School Attendance (Pupil Registration) (England) Regulations 2024— (a) code G (the pupil is absent without leave for the purpose of a holiday), (b) code N (the circumstances of the pupil’s absence have not yet been established), (c) code O (none of the other rows of Table 3 in regulation 10(3) of the School Attendance (Pupil Registration) (England) Regulations 2024 applies), and (d) code U (the pupil attended after the taking of the register ended but before the end of the session, where no other code applies). (6) In this regulation— “school week” means any period of seven days, beginning with Monday, in which the school meets for at least one session; “school’s attendance register” has the same meaning as in the School Attendance (Pupil Registration) (England) Regulations 2024; “session” means a morning session or an afternoon session within the meaning of the School Attendance (Pupil Registration) (England) Regulations 2024. (7) Nothing in this regulation limits the discretion of an authorised officer to issue a penalty notice under section 444A(1) of the 1996 Act in circumstances other than those described in paragraph (1). . (2) For the purposes of regulation 9A of the Education (Penalty Notices) (England) Regulations 2007 (as inserted by paragraph (1) of this regulation), no account is to be taken of any absence which took place before 19th August 2024.
5 Duty to consider issuing penalty notice under section 444A(1) of the Education Act 1996 in respect of absence during period of 10 school weeks
(1) After the heading “Issue of penalty notices” (before regulation 10) insert— Duty to consider issuing penalty notice under section 444A(1) of the 1996 Act in respect of absence during period of 10 school weeks 9A (1) An authorised staff member who becomes aware that a relevant entry of absence has been recorded in a school’s attendance register in respect of 10 sessions in any given period of 10 consecutive school weeks in respect of a child must, as soon as practicable, comply with paragraphs (2) and (3). (2) The authorised staff member must consider whether they have discretion to issue a penalty notice to the child's parent under section 444A(1) of the 1996 Act. (3) If the authorised staff member considers that they do have discretion to issue a penalty notice to the child’s parent under section 444A(1) of the 1996 Act, the staff member must then consider whether they should— (a) exercise that discretion to issue a penalty notice to the child’s parent, or (b) refer the case to another authorised officer for that other officer’s consideration. (4) If an authorised staff member refers the case to another authorised officer in accordance with paragraph (3)(b), the other officer must consider— (a) whether they have discretion to issue a penalty notice to the child's parent under section 444A(1) of the 1996 Act, and (b) if so, whether they should exercise that discretion to issue a penalty notice to the child’s parent. (5) A “relevant entry of absence” means any one or other of the following entries made in accordance with regulation 10 of the School Attendance (Pupil Registration) (England) Regulations 2024— (a) code G (the pupil is absent without leave for the purpose of a holiday), (b) code N (the circumstances of the pupil’s absence have not yet been established), (c) code O (none of the other rows of Table 3 in regulation 10(3) of the School Attendance (Pupil Registration) (England) Regulations 2024 applies), and (d) code U (the pupil attended after the taking of the register ended but before the end of the session, where no other code applies). (6) In this regulation— “school week” means any period of seven days, beginning with Monday, in which the school meets for at least one session; “school’s attendance register” has the same meaning as in the School Attendance (Pupil Registration) (England) Regulations 2024; “session” means a morning session or an afternoon session within the meaning of the School Attendance (Pupil Registration) (England) Regulations 2024. (7) Nothing in this regulation limits the discretion of an authorised officer to issue a penalty notice under section 444A(1) of the 1996 Act in circumstances other than those described in paragraph (1). . (2) For the purposes of regulation 9A of the Education (Penalty Notices) (England) Regulations 2007 (as inserted by paragraph (1) of this regulation), no account is to be taken of any absence which took place before 19th August 2024.
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