School Local Penalty Notice Code Compliance Procedure

Scope

Use this procedure where a maintained or academy school, police officer or local-authority officer in England issues or supports the issuing of a fixed penalty notice. The procedure uses the current Local Code of Conduct published by the relevant local authority.

1. Identify the applicable local code

Identify the relevant local authority for the proposed penalty-notice activity and obtain its published Local Code of Conduct from [local authority published code location]. Record the code title, version or publication date, the date obtained and the link or location from which it was obtained.

Before issuing or supporting the issuing of a penalty notice, confirm that the proposed activity is within the scope of the identified Local Code of Conduct and that the version being used is the current published version identified by [code version confirmation method].

2. Apply the code

Follow the applicable Local Code of Conduct for each penalty notice issued or supported. Schools, the police and local-authority officers issuing penalty notices must adhere to the local authority’s published Code of Conduct.

Where the relevant code, the proposed action or the available information does not clearly support the proposed penalty notice, pause the action and refer it to [designated authority or role] before proceeding.

3. Communicate requirements

Make the applicable Local Code of Conduct and its relevant requirements available to authorised staff and other personnel who issue or support the issuing of penalty notices. Use [communication method] and record the code version communicated, the date of communication and the recipients.

Where the local authority publishes an amended code, communicate the amended requirements to the relevant authorised staff and update the local copy used for penalty-notice activity.

4. Check compliance

For each penalty notice, check the available record against the applicable Local Code of Conduct before the notice is issued or supported. Record the code title and version used, the date of the check, the person completing the check and the outcome at [penalty notice compliance record location].

Retain the information needed to demonstrate which published code was applied to the penalty notice and how compliance was checked.

5. Retain evidence

Retain a copy or accessible record of the applicable published Local Code of Conduct, its version history where available, records of communication to authorised staff, and penalty-notice records showing compliance with the code at [evidence retention location].

Ensure that the retained record identifies the local authority, the code version used and the penalty-notice records to which it relates.

6. Local-authority code production and consultation

The relevant local authority is responsible for drawing up and publishing its Local Code of Conduct. When producing or amending the code, the local authority must consult schools and the police. Direct questions about the production, amendment or consultation of the code to [local authority contact].

7. Escalation

Escalate any uncertainty about the applicable code, its current version, the interpretation of a requirement or the completeness of the compliance record to [designated authority or role] before the relevant penalty-notice activity proceeds.