Education Welfare Service Updates

- Elective Home Education- Code of Conduct for Penalty Notices

Summer Term 2015

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Elective Home Education• Decision taken to decommission the Home Education Service

(HES) with effect from 1st April 2015• Current laws/guidelines provide the LA with no statutory duty to

routinely monitor the home education provision that is offered by elective home educators

• Effective communication between schools, EWS and other agencies is the key to ensuring that necessary actions are taken “if it appears” that a suitable education is not being provided by parent(s)

Elective Home Education

• Parents have no duty to notify the LA when they elect to home educate their child or children

• 5 year olds – never known to the LA• If parent elects to home educate whilst a child is on roll at a

school/academy – the SCHOOL/ACADEMY has a duty to notify the LA that they are removing a child from roll as a result of parents electing to home educate

• APPENDIX I – Intention to Remove from Roll form (via Essex Schools Infolink)

• This has been enhanced and will only be available in an electronic format (must be submitted online) – recent communication via Mike Blant/Richard Thomas/Paul Ellis

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Elective Home Education• Schools now required to state on the Appendix I whether they have

any concerns about the parental commitment to offer a suitable education. Where concerns are raised, EWS will investigate

• Commitment NOT capacity • Welfare concerns – who have these been reported to?• Family Solutions/Social Care involvement? • If case is open to EWS, automatic consideration will be made to

investigate the home education arrangements that parents put in place (visit 4 weeks after decision and again, if necessary, 4 weeks later) – could be an attempt by parent to avoid punitive action

• Appendix E – to be used by professionals/members of the public where it appears that a child is not receiving a suitable education

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Elective Home Education

• Where investigations indicate that a suitable education has not been put in place, LA will instigate School Attendance Order (SAO) proceedings and instruct parent to enrol their child with a school within a stipulated time frame

• If a school is to be named on a SAO, the headteacher (and Chair of Governors) of the school will be contacted and offered a consultation about why their school has been named on the Order – e.g. distance from family home, etc

• Parental failure to comply with the SAO/provide evidence of a suitable education – will lead to court action for breach of SAO – parents will be liable for a fine of up to £1000

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Penalty Notices - School/LA duties

• The law states that headteachers should not authorise leave during term-time unless there are exceptional circumstances

• The LA must have in place a Code of Conduct which allows for Penalty Notices to be issued for irregular school attendance

• Headteachers hold discretion as to whether or not to apply for a penalty notice where parent(s) take leave of absence which has not been authorised

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Essex Code of Conduct – Penalty Notices (PN)• Current code of conduct allows for LA to issue a PN where there

are 10 sessions of unauthorised absence recorded for a pupil within a 6 week period

• For unauthorised leave of absence (term-time holidays) these 10 sessions must be recorded consecutively and, currently, at least one other prescribed criteria must be met before the LA can issue a PN on behalf of Essex schools/academies

• Colleagues have shared their frustrations with regards to the additional criteria as this has proved confusing

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Current Code of Conduct – Penalty Notices – Unauthorised Leave of Absence

5 consecutive days/10

consecutive sessions of

unauthorised leave

• Attendance is below 90% during the preceding 12 weeks before the leave was taken; OR

• Any day of the leave falls within the month of September; OR

• The leave was taken during tests or examinations; OR

• It is the second leave taken in any one academic year; OR

• The pupil is in Year 6 or Year 11

Essex Code of Conduct – Penalty Notices• Local Code of Conduct must be agreed in consultation with

headteachers• Survey sent out to all Essex heads in the autumn term• Comments/suggestions were fed into Steering Group

discussions which took place early in the spring term• Updates and amendments to the Code of Conduct will come

into force as from 1st September 2015

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Essex Code of Conduct – Penalty Notices – SEPTEMBER 2015 onwards

Penalty Notices for Unauthorised Leave of Absence will be issued on behalf of Essex schools/academies solely on the basis of:

5 or more consecutive days/10 or more consecutive sessions unauthorised leave of

absence (G coded)PLEASE NOTE:•Where parent fails to pay the PN fine, they will face prosecution and could be liable for a fine of up to £1000 and receive a criminal record•If the parent pleads ‘not guilty’, headteachers will be called as witnesses at the trial

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Autumn 2014 Attendance SFR

PrimaryLeague

Position of League Position of

Auth %Unauth %

Overall %

151 LAs

11 SNs

PA (15%)

151 LAs 11 SNs

ESSEX 3.06% 0.66% 3.72% 34 5 3.29% 37 2East Region 3.16% 0.68% 3.85% 65   3.41% 55  Stat.Neighbours 3.21% 0.62% 3.83% 56   3.54% 61  ENGLAND 3.16% 0.76% 3.92%   3.73%  

SecondaryLeague

Position of League Position of

Auth %Unauth %

Overall %

151 LAs

11 SNs

PA (15%)

151 LAs 11 SNs

ESSEX 3.91% 1.02% 4.93% 69 5 5.37% 43 1East Region 3.98% 0.96% 4.94% 64   5.61% 60  Stat.Neighbours 4.14% 0.95% 5.08% 82   6.01% 80  ENGLAND 3.94% 1.12% 5.06%   6.09%  

Any questions?

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