This guidance serves as a legal framework for schools and academies who wish to make a referral to the local authority for a non-school attendance prosecution to be considered under s444 of the Education Act 1996 as an alternative to a penalty notice fine.
The aim of this guidance is to ensure that we have a fair, equitable and objective process across the city. It is vital that parents are afforded equal opportunity in relation to addressing the issues affecting the poor attendance of their children.
Therefore, if legal enforcement action is referred, the Attendance Support Team will ensure that the preceding action and casework is compliant not only the DfE guidance, but also the expectations in relation to the evidential and public interest tests required under the Code for Crown Prosecutors.
This guidance will cover:
- The legal measures available to the local authority
- The requirements for supporting evidence submitted with any referral for enforcement action.
- What the local authority will do upon receipt of the referral