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					            Southend on Sea Borough Council
Education
   and
 Lifelong
Learning

            Draft

            Guidance on

               The Educational provisions of the
                The Anti-Social Behaviour Act 2003:

                Parenting Contracts, Parenting Orders and
                Fixed Penalty Notices

               Acceptable Behaviour Contracts




            June 2004
                                             Contents
Introduction                                          ………………………………                  2
Summary of legislative and regulatory requirements and Southend procedures for parenting contracts,
        parenting orders and fixed penalty notices    ………………………………                  4
Parenting contracts for truancy and behaviour
        Legislative and regulatory requirements       ………………………………                  5
        Issuing parenting contracts in Southend       ………………………………                  6
Parenting orders for behaviour
        Legislative and regulatory requirements       ………………………………                  6
        Issuing parenting contracts in Southend       ………………………………                  8
Fixed penalty notices for truancy
        Legislative and regulatory requirements       ………………………………                  9
        Issuing parenting contracts in Southend       ………………………………                  9
Acceptable behaviour contracts for young people       ………………………………                  10
Anti-social behaviour orders                          ………………………………                  11
Annex A: Specimen application for a parenting order   ………………………………                  12
Annex B: Penalty notice proforma                      ………………………………                  14
Annex C: Acceptable behaviour contract proforma       ………………………………                  16


Acknowledgements

Southend on Sea LEA appreciates the comments of school staff and governors and other partners who
contributed during the consultation upon this document. The partnership with Southend Police and
Youth Offending Team is also much appreciated and in relation to Acceptable Behaviour Contracts this
guidance sets out our multi-agency approach




Introduction

Purpose of this document

1. On 25 February 2004, the DfES issued „Guidance on Education-Related Parenting Contracts,
   Parenting Orders and Penalty Notices‟, to which LEAs, school governing bodies and the police are
   statutorily required to have due regard.

2. The purpose of this local document is:
    Summarise the DfES guidance.
    Support schools in making judgements about when to use the new powers.
    Specify what schools and the LEA respectively should do to implement the new powers.
    In the light of the LEA having new powers at a time when the departmental budget has reduced,
      to set out those aspects of the work for which schools and the LEA respectively should pay.
    Provide appropriate pro-forma for requesting parenting orders and issuing fixed penalty notices.
    Specify the relationship with the issuing of Acceptable Behaviour Contracts for pupils, jointly with
      the police and the Youth Offending Team and to set out the arrangements for this, along with a
      Southend contract pro-forma.




                                                   2
Background

3. The Anti-Social Behaviour Act 2003 is designed to tackle truancy and school exclusion in order to
   support every child to fulfil their potential, to support the raising of pupil attainment and to reduce the
   risk of putting young people at risk of criminal and anti-social behaviour. The measures introduced
   in this Act offer schools and LEAs the opportunity to ensure that parents fulfil their responsibilities in
   relation to the behavior and attendance of their children.

4. The proposals are for schools to have a stepped approach to work with parents and provide new
   powers to schools and LEAs with respect to:
              1)      Truancy, via:
                      a. Parenting Contracts
                      b. Fixed Penalty Notice

                2)       Behaviour/Exclusion, via:
                         a. Parenting Contracts
                         b. Parenting Orders

5. The Act builds on existing practice as parenting contracts are currently a routine way of working for
   some schools and LEAs. At the present time parenting orders are only granted by the courts when
   a young person is brought before them for a criminal offence or when a parent or carer is
   prosecuted for failing to ensure that their child attends school regularly. The use of fixed penalty
   notices in cases of truancy is new and attached to their introduction is a Code of Conduct which lays
   down circumstances in which they can be used.

6. In this context a „parent‟ includes someone who has parental responsibility, or who otherwise has
   care of the child or young person. These provisions apply only to individuals, and not, for example,
   to the local authority itself in the case of looked after children.

7. The guidance states that careful consideration must be given to: The Human Rights Act, 1998;
   Race Equality; The Disability Discrimination Act 1995: Information for parents; Involvement of
   Children and Young People; Multi- Agency working and Child Protection Issues before any action is
   taken in respect of this Act. It should be noted that any of the provisions of this Act should not be
   used as an alternative to taking appropriate action to meet a pupil‟s Special Educational Needs.

8. For each of the new powers the following summarises:
       a.      the requirements of the Act and associated guidance;
       b.      proposals about local implementation.

9. Truancy and poor behaviour in school may be symptoms of deeper underlying issues which need
   the support of more than one agency. Schools should take steps to investigate these underlying
   causes and provide the most appropriate form of support to the pupil and their family. This will often
   require LEAs, schools and the police to work closely with other agencies which may already be
   involved or may need to be involved in working with the pupil or family. From September 2004
   Southend is piloting a new way of organising multi-agency support to clusters of schools.




                                                      3
                 Educational Provisions of the Anti-Social Behaviour Act 2003: Summary

            National requirement                                 Southend implementation

    Parenting contracts: truancy and behaviour

    2 sided formal agreement                               School consults with EWO or Principal
    Specifies requirements upon parents +                   Officer Social Inclusion
     support to be provided                                 LEA finds out if other agencies involved
    Where pupil fails to attend regularly or when           in supporting child (core)
     child excluded and the parent is likely to             School normally issues contract (LEA
     engage in a voluntary agreement                         issues contract for schools requiring
    Where issued by a school, governing body‟s              much improvement)
     name must appear on contract and costs be              LEA support for implementation (buy-
     borne by school                                         back)
    Liaison between school and LEA prior to
     issuing of contract

    Parenting orders: for behaviour

    Where pupil excluded permanently or                    School liaises with Social Inclusion
     second fixed term within 12 months and                  Service Manager
     parents are not willing to engage voluntarily          LEA considers evidence from school
    LEA makes application to magistrate‟s court            Where LEA agrees to apply, normally
     for this civil order                                    head teacher will be cited as responsible
    Must be supervised by a „responsible officer‟           person
     who maintains regular contact                          LEA support for implementation:
    Specifies counselling/guidance to be                    o Core in schools categorised as
     attended (usually 6 x2hour sessions) and                    needing much improvement and
     requirements with which parents should                      where behaviour a key issue
     comply                                                  o Buy back in other schools
    Application within 40 days of end of
     exclusion appeal process
    Failure to comply – breach proceedings
     must be considered – may lead to max fine
     of £1000

    Fixed penalty notices: for truancy

    Where parents not willing to take                   At level 3 attendance intervention and if
     responsibility for ensuring regular                 under 85% attendance
     attendance and prosecution judged to heavy          Max of one per year
     handed                                              Heads may issue, with agreement of
    Can be issued by police, LEA or Head                governing body
     teacher. With agreement of governing                Use prescribed penalty notice
     body, heads may authorise staff to issue            LEA issues where school requires much
    £50 if paid in 28 days; £100 within 42 days;        improvement and attendance a key
     if not paid LEA must withdraw notice or             issue; where LEA agrees with the
     prosecute                                           proposal and school wishes to prioritise
    Penalties are payable to LEA                        as part of core service, or to buy back

                                      st
     Warning should be issued for 1 offence              additional time
    Must be issued in accordance with LEA
     code of conduct




                                                         4
PARENTING CONTRACTS FOR TRUANCY & BEHAVIOUR

a) Legislative and regulatory requirements

10. The Act introduces parenting contracts in cases of children excluded on disciplinary grounds from
    school (for a fixed or permanent period) or where the children fail to attend school regularly. A Local
    Education Authority or the governing body of a relevant school can arrange a voluntary parenting
    contract with the parent of a pupil. Such a contract may include a requirement on a parent to attend
    counselling or guidance programme. Parenting contracts are voluntary and parents cannot be
    compelled to enter into such a contract. The parent is required to sign such a contract, as well as
    the LEA or governing body.

11. A parenting contract is a two-sided formal agreement between a parent and either the local
    education authority or the governing body of a school that contains:
     a statement by the parents or guardians that they agree to comply for a specified period with
       whatever requirements are specified in the contract;
     a statement by the local education authority or governing body agreeing to provide support to
       the parents or guardians for the purpose of complying with the contact.

12. Circumstances for issuing a parenting contract in the case of truancy:
     the pupil has failed to attend school regularly;
     the parent is willing to address their child‟s truanting behaviour, but needs support to do so
        effectively;
    In deciding whether a contract may be appropriate, the LEA or governing body should consider all
    the issues behind the non-attendance, and whether attendance might be improved by working with
    the parent in this way and what form the support should take.

13. Circumstances for issuing a parenting contract in relation to behaviour:
     where a child is excluded from school, either for a fixed term or permanently;
     to address underlying causes relating to improving the child‟s behaviour at school.
    The LEA or governing body should consider the issues behind the exclusion and whether the
    behaviour may be improved by working with the parent in this way and what form the support should
    take. For example, the contract may specify that the parent is required to attend a parenting
    programme. A parenting contract can be used in conjunction with a Pastoral Support Plan and is
    not intended to replace the practice that already exists in this area, but instead provides an
    additional mechanism which is more focused on the potential of the parent to improve their child‟s
    behaviour. A formal or informal agreement can be entered into at any time; parenting contracts
    provide an additional option which has the backing of statute.

14. The Act puts a clear responsibility on governing bodies and local education authorities to be
    responsive to the needs of the parents before applying the provisions of the Act. If a parenting
    contract is used it is advisable to provide a parenting programme.

15. Where a contract is issued by the school, the cost of this provision, and any other costs of the
    supportive element of the contract, would be met by the governing body; therefore the governing
    body‟s name must appear on the contract. The governing body may delegate responsibility for
    parenting contracts to the head teacher and s/he may commit funds on behalf of the governing
    body. However, the overall decision of whether parenting contracts should form part of the school‟s
    attendance and behaviour policies must remain with the governing body.

16. Regardless of whether the school or the LEA enters into a parenting contract, it is important that
    both the LEA and the school are aware that a parenting contract has been entered into with a
    parent. The LEA and school should liaise prior to entering into any parenting contract in order to
    share information about the pupil and family and any other agencies that might be involved with the
    pupil or family. If other agencies are identified, the school or LEA should consult with them to
    consider underlying issues and types of requirements and support that might usefully be included in
    the contract.

17. The purpose of a parenting contract is to improve the pupil‟s behaviour or attendance at school and
    to address any underlying causes. It is not to be seen or used as a punitive measure against the
    parent. Failure to comply with the parenting contract cannot lead to action for breach of contract.




                                                    5
18. LEAs, schools and the police should seek to involve the child as much as possible in any
    discussions around the child‟s behaviour and attendance. Schools and LEAs should also seek,
    subject to the child‟s age, maturity and understanding, to involve the child in the discussions leading
    to a parenting contract and in the drawing up of the contract itself.

b) Issuing parenting contracts in Southend

19. Parenting contracts should be part of a staged approach to managing behaviour and attendance,
    and form part of the school‟s behaviour and attendance policies.

20. Where a school wishes to consider putting in place a parenting contract, the school should:
     Consult with the link attendance EWO in the case of contracts for truancy. It is advised that
       parenting contracts be used as an intervention at Level 2 of Southend‟s policy, „Promoting High
       Attendance in Schools‟. (Level 2 is initiated after school intervention at Level 1 for below 85%
       attendance and where there has been no improvement after three weeks).
     Consult with the Principal Officer Social Inclusion (currently Chris Smith) in the case of
       behaviour. The LEA welcomes the use of parenting contracts alongside Pastoral Support
       Plans.

21. As part of its core entitlement for all schools, the LEA will explore whether other agencies are
    involved in supporting the child or family and, where sufficient information obtained from another
    agency, will use this to advise the school of appropriate requirements and support.

22. In the case of schools categorised as requiring much improvement and where behaviour has been
    identified as a key issue, the LEA will (where the school wishes) issue the parenting contract on
    behalf of the governing body of the school. All other schools will be responsible for the issuing of
    the contract and the governing body should be named on the contract.

23. The LEA will be prepared to support schools‟ implementation of parenting contracts where the
    school has bought into the relevant service level agreement for either the EWS (truancy) or Social
    Inclusion (behaviour). In the case of the purchase of a package of support, LEA support for the
    parenting contract will be counted towards the total amount of additional buy-back that the school
    has purchased. Alternatively, schools may purchase support for this purpose on a daily basis.

PARENTING ORDERS FOR BEHAVIOUR

a) Legislative and regulatory requirements

24. A local education authority may apply to a magistrate‟s court for a free-standing parenting order
    when:
     a pupil has been excluded from school for a second fixed-term within a period of 12 months, or
     after a pupil has been permanently excluded from school;
     where the LEA considers that a parenting contract is unlikely to be an effective way forward and
        to engage parents who have not been willing to engage on a voluntary basis.
    (However, the local education authority is under no obligation to apply for a parenting order in cases
    of exclusion from school).

25. It is the responsibility of the LEA to apply to the magistrates‟ court for a parenting order against the
    parent of a pupil. In making a parenting order the court must satisfy itself that this desirable in the
    interest of improving the behaviour of the pupil. In the case of pupils under the age of 16, the court
    must also obtain and consider information about the pupil‟s family circumstances and the likely
    effect of the order on those circumstances.

26. Parenting orders in cases for exclusion are civil orders available on application to the court. Unlike
    the parenting orders currently imposed on attendance cases, they do not follow prosecution for a
    criminal offence. A proforma application is for a parenting order is attached as Annex A.

27. All parenting orders must be supervised by a „responsible officer‟. This could be an officer of the
    LEA, a head teacher or a person nominated by the head teacher. This person is responsible for
    arranging the provision and for supervising the requirements. A head teacher (or other person
    nominated by the head teacher) may only become the responsible officer where s/he has the
    backing of her/his governing body. LEAs may only designate a head teacher or person nominated



                                                     6
    by the head teacher to be the responsible officer if they are satisfied that the school‟s governing
    body is supportive of this arrangement.

28. In deciding whether a parenting order might be appropriate, the Local Education Authority must
    make a judgement about whether parenting is a significant factor in the pupil‟s misbehaviour and
    whether an order could remedy this. (The youth offending team may apply for a parenting order if
    the problem relates to criminal conduct.)

29. The parenting order consists of 2 elements:
     A requirement on the parent to attend counselling or guidance sessions where they will receive
       help and support to enable them to improve their child‟s behaviour. This is the core of the
       parenting order and lasts for 3 months.
     A requirement on the parent to comply with such requirements as are specified in the order.
       This element can last up to 12 months.

30. An application for a parenting order must be made after the date upon which the exclusion review
    and appeal process ends. If no parenting contract is in place, the LEA has 40 school days to carry
    out any necessary assessment, prepare evidence and make the application to court.

31. Although only the LEA can apply for the parenting order and the final decision as to whether the
    application is appropriate will rest with the LEA, the head teacher may in the case of fixed term
    exclusions ask the LEA to apply for a parenting order where s/he considers that this may have a
    positive impact on the pupil‟s behaviour, preventing further fixed term exclusions or permanent
    exclusions.

32. The application must contain:
     Evidence that the pupil has been excluded and that the exclusion was made in response to
       serious misbehaviour at school.
     Evidence that making the order would be desirable in the interests of preventing any further
       poor behaviour in school that may lead to exclusion.

33. The core requirement of a parenting order is that the parent attends a parenting or guidance
    programme. The court decides the length of this requirement. It is expected that this usually be not
    less than 6 or 7 two-hour sessions. The LEA recommends how long the order should be imposed
    for and what the requirements should consist of. Possible requirements might include: setting and
    reinforcing agreed boundaries at home; signing regular behaviour reports; attending regular
    meetings with the pupil‟s education provider.

34. It is good practice for the initial contact between the responsible officer and the parent to take place
    before the end of the next working day after the order is made. This will be an opportunity for the
    responsible officer to explain further to the parent the nature of the order and how it will work in
    practice. The success of the relationship between the parent and responsible officer will be a key
    feature of the successful completion of the order. During the period of the order, the responsible
    officer should maintain regular contact with the parent.

35. The court can impose a parenting order and the consent of parents is not required. If the parent fails
    to comply with an order, then breach proceedings must be considered. (At this stage the court may
    consider whether or not a parenting contract was previously in place). If proven guilty of breaching
    a parenting order, the parent is liable for a fine not exceeding a standard level 3 (currently up to
    £1000). In considering the level of fine, the magistrates must take into account the means of the
    parent to pay. The court may also consider any other sentence available for a non-imprisonable
    offence.

36. LEAs, schools and the police should seek to involve the child as much as possible in any
    discussions around the child‟s behaviour and attendance. Schools and LEAs should also seek,
    subject to the child‟s age, maturity and understanding, to involve the child in the discussions leading
    to a parenting contract and in the drawing up of the contract itself.

b) Issuing parenting orders for behaviour in Southend

37. Head teachers wishing to ask the LEA to consider making an application for a parenting order for
    behaviour should contact the Service Manager, Social Inclusion (currently Linda King).



                                                     7
38. Southend LEA will consider making an application for a parenting order when the Service Manager
    Social Inclusion is satisfied that:
     the conditions required by the guidance are satisfied;
     the school has evidence of undertaking appropriate school-based strategies to prevent
        exclusion, as listed in the Behaviour Support Plan 2004, for a reasonably sustained period;
     the school has presented clear evidence that the quality of parenting is a significant factor in the
        misbehaviour of the young person.
    The consideration of requests to apply for parenting orders will be part of the core service provided
    to schools. Should a school wish to contest a decision by the Service Manager Social Inclusion to
    refuse to apply for a parenting order, the school has a right of appeal to the Assistant Director,
    Inclusion SEN and Entitlement.

39. Where the LEA agrees to apply for a parenting order for exclusion, the Head teacher or member of
    staff nominated by the Headteacher will be cited by Southend LEA as the responsible person. As
    required by the guidance, the LEA will satisfy itself that the governing body has indicated its support
    for this arrangement.

40. Subject to negotiation and LEA capacity, support for the implementation of parenting orders will be
    provided as a core service to those schools categorised as requiring much improvement and where
    pupil behaviour is a key issue to be addressed. In these cases the LEA will consider whether an
    LEA officer should be the responsible officer and it will also consider taking a lead role in breech
    proceedings. For all other schools, support for delivery of a parenting order will be provided as part
    of the purchase of support from the LEA within the Service Level Agreement with the Social
    Inclusion Service, as either a package of support or on a daily buy-back basis. Where such schools
    have bought into the Service Level Agreement of the Social Inclusion Service, the LEA will negotiate
    with the school whether the school wishes for a member of its staff or an LEA officer to fulfil the
    „responsible officer‟ role, as well as the nature of parenting support the school wishes to purchase
    from the LEA.




                                                    8
FIXED PENALTY NOTICES FOR TRUANCY

a) Legislative and regulatory requirements

41. Fixed penalty notices may be issued to parents in the cases of truancy. These are judged to be a
    suitable intervention where the parent is judged capable of securing their child‟s regular attendance
    but is not willing to take responsibility for so doing, for example, where the parent has failed to
    engaged with voluntary or supportive measures.

42. Penalty notices can be issued by an authorised officer such as a constable, an officer of the LEA
    who is authorised to give penalty notices or a head teacher (or deputy head teacher or assistant
    head teacher authorised by head teacher). Head teachers who wish to issue, or authorise staff to
    issue, penalty notices must first gain the agreement of their governing body. The school‟s
    attendance policy (where applicable) must be revised accordingly.

43. Penalties must be as specified, i.e.: £50 if paid within 28 days of receipt of the notice, rising to £100
    if paid after 28 days but within 42 days of receipt of the notice (deemed to be second day after
    posting by first class post). If the penalty is not paid in full by the end of the 42 day period the LEA
    must either prosecute, or withdraw the notice. (It may do the latter in few circumstances which are
    specified).

44. Penalties under this section are payable to local education authorities in England and sums
    received may be used by the authority for the purposes of any of its functions which may be
    specified in regulations.

45. DfES guidance states that penalty notices for truancy can only be issued:
     When an offence has been committed.
     If it can be effective in helping to get a pupil who is truanting back into school, where it is
       parentally condoned.
     Where the parent is judged capable of securing their child‟s attendance but is not willing to take
       responsibility for doing so.
     Where a prosecution may appear too heavy handed.
     In accordance with a code of conduct determined by the LEA (see below).
    A warning should be issued for a first offence.

46. LEAs are responsible for the administration of the scheme and for bringing prosecutions for truancy.

b) Implementation of fixed penalty notices for truancy in Southend

47. Fixed Penalty Notices may be issued in accordance with the Code of Conduct below.

    a) If Head Teachers are considering issuing a penalty notice, they must inform the Principal
       Education Welfare Officer.
    b) The LEA will not issue notices when proceedings for an offence under s.444 of the Education
       Act 1996, (prosecution for not ensuring regular attendance) are contemplated or have been
       commenced by the LEA.
    c) It will be appropriate to issue a penalty notice when:
        An offence under s. 444 as above has been committed;
        At Level 3 of Promoting High Attendance in Schools.
        Attendance of the pupil concerned is less than 85%. No fixed penalty notices will be issued
            if a pupil has over 85% attendance.
    d) A maximum of one penalty notice may be issued to one parent in any twelve month period.
    e) Only parents of pupils who attend Southend schools are eligible to receive a fixed penalty notice
       under this code of conduct.
    f) Fixed Penalty notices will not be issued on truancy sweeps.
    g) At the outset of casework by the school or LEA the parent should be given a formal written
       notification explaining the actions that may be taken. It is good practice to make sure that the
       parent understands the consequences of failing to ensure their child‟s regular attendance and to
       allow 15 school days for the parent to improve the situation before issuing a notice or
       commencing proceedings.




                                                     9
    h) Head teacher‟s are empowered to issue Fixed Penalty Notices, with the agreement of their
       Governing Body, in compliance with the Code of Conduct and when the school Attendance
       Policy reflects this practice.
    i) The authorising of absence must be in accordance with DfES guidance as described in
       Southend‟s policy document, „Promoting High Attendance in Schools‟.
    j) The prescribed Penalty Notice proforma should be used (included here as Annex B).

48. In the following circumstances the LEA will take responsibility for the issuing of a fixed penalty
    notice:
     With the agreement of the school where schools are categorised as requiring much
        improvement and where attendance/truancy is a key issue for action;
     For all other schools where the LEA agrees with the school that this is an appropriate
        intervention and where the school wishes to prioritise this service as part of the allocation of
        core time or where the school wishes to purchase additional EWO time.

49. In the following circumstances the LEA will expect the school to issue the fixed penalty notice:
     Where the school wishes to issue a notice and the conditions of the above Code of Conduct are
         met but the EWO does not agree that this is an appropriate intervention in the current
         circumstances of this case.
     Where the conditions of the above Code of Conduct are met and the school wishes to take
         responsibility for this action, thus releasing the EWO for other casework.

ACCEPTABLE BEHAVIOUR CONTRACTS FOR YOUNG PEOPLE

50. As part of schools‟ graduated response to managing behaviour, schools are expected to adopt a
    range of strategies as set out in the Behaviour Support Plan (March 2004). These include the use
    of Pastoral Support Plans.

51. Where a young person‟s behaviour becomes a cause for concern not only in school but also in the
    community, a response by more than one agency may be required. In these circumstances it
    becomes appropriate to consider using an Acceptable Behaviour Contract.

52. Guidance relating to these is set out in „A guide to anti-social behaviour orders and acceptable
    behaviour contracts‟ (Home Office, Association of Chief Police Officers and Youth Justice Board
    Nov 2002). This guidance states „An ABC is a written agreement between a person who has been
    involved in anti-social behaviour and one or more local agencies whose role it is to prevent such
    behaviour. … The contract is signed at a meeting with the individual and the lead agencies. Where
    the person whose behaviour is at issue is a child or young person, parents or guardians should be
    encouraged to attend. The contract specifies a list of anti-social acts in which the person has been
    involved and which they agree not to continue.

53. In Southend the referral route for multi-agency involvement in ABCs should be as follows:
     For schools involved in multi-agency arrangements to support clusters of schools (to be piloted
        with 19 schools from September 2004) to the cluster co-ordinator.
     For other schools, via the Youth Referral Panels (known outside Southend as Youth Inclusion
        Support Panels) managed by the Youth Offending Team.

54. The Southend multi-agency proforma for an ABC is provided at Annex 3.

55. Failure to comply with an ABC may lead to the need to consider the use of an anti-social behaviour
    order.




                                                  10
ANTI-SOCIAL BEHAVIOUR ORDERS

56. Anti-Social Behaviour Orders may were introduced in the Crime and Disorder Act 1998 and powers
    to impose them were strengthened by the Police Reform Act 2002.

57. The „guide to anti-social behaviour orders and acceptable behaviour contracts‟ (Home Office,
    Association of Chief Police Officers and Youth Justice Board Nov 2002) states that „ASBOs are civil
    orders that exist to protect the public from behaviour that causes or is likely to cause harassment,
    alarm or distress. An order contains conditions prohibiting the offender from specific anti-social acts
    or entering defined areas and is effective for a minimum of two years … An order should be viewed
    as an option of last resort.‟

58. The agency applying for the order must show that
     The defendant behaved in an anti-social manner and
     An order is necessary for the protection of persons from further anti-social behaviour by the
       defendant.




                                                    11
Annex A:
Specimen Application Form for a Parenting Order
Application for Parenting Order
(Anti-social Behaviour Act 2003, section 20)

………………. Magistrates‟ Court




Date: ………………………………………………………………………..

Child or young person: ………………………………………………………………

Child or young person‟s address: ………………………………………………….

Child or young person‟s age: ……………………………………………………….

Parent 1: ………………………………………………………………………………

Address of parent 1:………………………………………………………………… , which is in the area of
Southend-on-Sea Local Education Authority

Parent 2: ……………………………………………………………………………..

Address of parent 2 : ………………………………………………………..…….. , which is in the area of
Southend-on-Sea Local Education Authority

Applicant Local Education Authority ………………………………………………

Please tick where applicable:


                                                                                        □
It is alleged that:
(a) the child or young person has been excluded from school on disciplinary
       grounds;
(b) and (b) the prescribed conditions are satisfied in that (insert details)
                                                                                        □
                                                                                        □
The parent(s) entered into a parenting contract
If so, on what date?

It is alleged that the parent(s) have failed to comply with the parenting contract, a
copy of which is attached to this application form.
                                                                                        □
Short description of alleged failure to comply with parenting contract:




                                                                                        □
Evidence of this alleged failure to comply is attached




                                                     12
                                                                                         □
It is alleged that the parent(s) have refused to enter into a parenting contract.

The child or young person is under 16.

Information as to the family circumstances of the child or young person is
                                                                                         □
attached
                                                                                         □

It is alleged that:

(a) the attendance of the parent at a residential course is likely to be more

                                                                                         □
    effective than their attendance at a non-residential course in improving the
    child‟s or young person‟s behaviour; and

(b) any interference with family life which is likely to result from the attendance of
     the parent at a residential course is proportionate in all the circumstances

                                                                                         □
                                                                                         □
The court is requested to order that the counselling or guidance programme may
include a residential element



Short description of the counselling/guidance programme to be attended by the parent(s):




Further requirements to be included in the order:




Signed: ………………….. Position: ………………..                        Date………..




                                                     13
ANNEX B:
Fixed Penalty Notice Proforma
Penalty Notice
S.444A EDUCATION ACT 1996

Please read notes overleaf carefully



PART 1


If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the
school, his parent is guilty of an offence under s.444 Education Act 1996.

To: (Title) ……………………………………………………………………….
    (Forenames) ……………………………………………………………..
    (Surname) ………………………………………………………………..
    (Date of Birth (if known) …………………………………………………
Of: (address) ………………………………………………………………….
    (postcode) ………………………………………………………………..
You are a parent of __________________________________ (name and address of child) (called in
this notice “the pupil”) who is a registered pupil at _________________________________(name of
school)

On _____________ (date)/between ____________ (date) and ____________ (date) the pupil failed to
attend regularly at the school.

This notice gives you the opportunity to pay a penalty fine instead of being prosecuted for
the offence given above. The amount of the penalty is £50/£100 in accordance with the
table overleaf. If you pay this penalty within the time limit set out below, no further action
will be taken against you in connection with the offence as set out in this notice.

Payment should be made within 28 days. If paid after 28 days but within 42 days the
penalty is doubled to £100. Payment should be made to Southend-on-Sea Borough
Council, 5th Floor, Civic Centre, Victoria Ave, Southend-on-Sea SS2 6ER and can be
made in person at that address on Monday-Friday 9 am to 5 pm or by posting this notice
with a cheque or postal order to that address.

Late or part payments will not be accepted and no reminders will be sent. If payment is not received by
(insert date 42 days from date of issue) you may be prosecuted for the offence and could be subject to a
fine of up to £1,000.

This notice is issued by ___________________ (name) ________________ (official particulars) of
______________________(address/employer) within Southend-on-Sea Council area.
Date of issue: ____________________________

PART 2

Please complete the following and return this notice with your payment to Southend-on-Sea Borough
          th
Council, 5 Floor, Civic Centre, Victoria Ave, Southend-on-Sea SS2 6ER:

Name: ……………………………………………………………………

Address: …………………………………………………………………



                                                     14
I attach payment in the sum of £ …………………………………….

Signed: …………………………………Date: …………………………………

NOTES
1.Contact Details
If you have any queries about this notice, please contact Southend-on-Sea Local Education
Authority at Education Welfare Service, Southend-on-Sea Borough Council, 5th Floor, Civic
Centre, Victoria Ave, Southend-on-Sea SS2 6ER. Telephone:              Fax:

2. Amount of penalty
The amount of the penalty is as follows:
When paid
Within 28 days       £50
Within 42 days       £100

3. Code of Conduct
This notice is issued in accordance with a local code of conduct drawn up by the XXX LEA.
Any questions or correspondence abut the code should be addressed to the Education
Department at Southend-on-Sea Borough Council, 5th Floor, Civic Centre, Victoria Ave,
Southend-on-Sea SS2 6ER, telephone:

3. Withdrawal
This notice may be withdrawn by the XXX LEA if it is shown that is should not have been
issued to you or has not been issued to you in accordance with the local code of conduct. If
you believe that the notice was wrongly issued you must contact the LEA to ask for it to be
withdrawn as soon as possible, stating why you believe the notice to have been incorrectly
issued. The LEA will consider your request and will contact you to let you know whether the
notice is withdrawn. If the notice is not withdrawn and you do not pay, you will be liable to
prosecution for the offence that your child has failed to attend school regularly.

4. Payment
You should complete the notice above and send or deliver it to the LEA at the address given
above, which is open Monday-Friday 9 am – 5 pm.

5. Prosecution
If you do not pay the penalty, and the notice is not withdrawn, you will be prosecuted for the
offence of failing to ensure your child‟s regular attendance at school. You will receive a
separate summons for this which will give you notice of the time and date of the court hearing.
You will be able to defend yourself and you would be advised to seek legal representation; in
some circumstances you may be entitled to legal aid.




                                              15
Annex 3:

Southend on Sea
Acceptable Behaviour Contract




The purpose of an Acceptable Behaviour Contract is to provide a process through which a young
person, his/her parent/carer and agencies responsible for supporting the young person can agree to:
     Appropriate targets for the young person to improve his/her behaviour.
     The support to be provided for the young person.
     The rewards available to the young person should s/he meet the agreed targets.
     What will happen if the young person fails to comply with the contract.


Name:                                  School:
Date of Birth:
Address:




Targets for young person

(Please make sure these are realistic and positively framed)

*
*
*
*



Support to be provided:              By whom:




Possible rewards:




Lead agency for co-ordinating this contract:

Lead person:




                                                   16
Period of time covered by the contract:

Review date:



If the young person does not comply with this contract the next step will be:




Name of young person: ……………………Signed: ……………………………

Parent/carer: ………………………………..Signed: ……………………………

School representative: ……………………..Signed: ……………………………

Police representative: ………………………Signed: ……………………………

Date: ………………………………………………..




Note: should the young person or parent/carer wish to register a complaint in
 relation to the provision of support agreed in this contract, please contact:
Named Person:

Named Advocate to support you if you wish:




Issued on behalf of Southend multi-agency clusters. This arrangement includes 19 schools, Early Years
Development and Child Care Partnership, Essex Police Southend Division, Southend Council (children’s Social
Care and Education and Lifelong Learning), Southend Hospital Trust, Southend Primary Care Trust, Youth
Offending Service.




                                                    17

				
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