School Attendance Legal Intervention Decision Procedure

Use this procedure at [school or trust name] when deciding whether an attendance legal intervention may be appropriate for an individual pupil. It applies conditionally to maintained and academy schools in England involved in deciding or supporting such an intervention.

1. Start with the individual case

Consider the individual circumstances of the family before selecting or rejecting an intervention. Review the circumstances known in the case, the support available or considered, and any safeguarding duties that apply to the decision.

Do not select an intervention solely because it is available. The decision should identify why the selected intervention, or the decision not to use one, is appropriate for this individual case.

2. Consider the available interventions

Consider the full range of available legal interventions: attendance contract, education supervision order, attendance prosecution, parenting order and penalty notice.

Compare the interventions against the circumstances of the family and the purpose of changing parental behaviour. Select an intervention only where the decision-maker considers it to be the most appropriate intervention for that purpose in the individual case.

3. Have regard to safeguarding duties

Before making the decision, have regard to the safeguarding duties that apply to the decision. Where appropriate, obtain or record the relevant safeguarding assessment or consultation before selecting an intervention.

If safeguarding considerations affect the choice, timing or rejection of an intervention, explain that effect in the decision record.

4. Record the decision

Record the individual circumstances considered, the available support considered, the safeguarding duties taken into account, the interventions considered, and the rationale for the selected or rejected intervention.

The record should state how the decision is intended to change parental behaviour and why the selected intervention is considered the most appropriate option for this case. If no intervention is selected, record the reasons for that decision.

5. Decision routes

If an attendance contract is selected, record why it is the most appropriate intervention for the individual case and how it is intended to change parental behaviour.

If an education supervision order is selected, record why it is the most appropriate intervention for the individual case and how it is intended to change parental behaviour.

If attendance prosecution is selected, record why it is the most appropriate intervention for the individual case and how it is intended to change parental behaviour.

If a parenting order is selected, record why it is the most appropriate intervention for the individual case and how it is intended to change parental behaviour.

If a penalty notice is selected, record why it is the most appropriate intervention for the individual case and how it is intended to change parental behaviour.

6. Decision record wording

The decision record should use clear, case-specific wording: “Having considered the individual circumstances of the family, the available support and the safeguarding duties relevant to this case, [selected or rejected intervention] is considered [the most appropriate intervention or not appropriate] to change parental behaviour because [case specific rationale].”

Schools, trusts and local authorities are expected to work together and make use of the full range of legal interventions rather than relying solely on penalty notices or prosecution. The choice is for individual schools and local authorities to decide in an individual case after considering the individual circumstances of a family. Where an intervention is used, it should be clear that it is the most appropriate intervention to change parental behaviour, and headteachers and local authority officers should have regard to their safeguarding duties.