UK Parliamnet to discuss allowing children out of school for holidays

[cornishfrogboy]

Originally Posted by Nimbus

By the way, I personally don't like that clause in the national framework which allows LAs to determine when they issue a fine. In my view, that completely undermines what the national framework was supposed to do.

The national framework was supposed to clarify the law by setting a known threshold. And it was supposed to be consistently applied across all authorities. Thus meaning there was only one set of rules for everyone and everyone knew what those rules were (whether they liked them or not is a different thing).

Allowing LAs to "adjust" the rules to their own ends just returns things back to how they were before the national framework when LAs were setting their own thresholds and rules. I find it bizarre to add that bit.

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The CPS would always be a good place to start as regards guidance on process for Offences.

In the case of all decisions regarding all matters forwarded to the CPS, for decisions as to process, there are other things to consider besides passing any evidential tests. There are also public interest tests and in my own opinion as a former Detective, these are equally important.
Here is some CPS guidance..

Discretion in minors offence decisions particularly is something that I would never like to see removed. I would add that discretion in dealing with matters frequently begins at the scene of the actual incident when on occasion ‘suitable advice’ is given by the Officers attending. One size fits all is not always a good thing and I never sought to Arrest/Interview/ Charge every offence that I witnessed … and that does not label me as ‘Lazy’ either.

Perhaps Teachers may use this discretion to judge each infringement on its merits.. or otherwise?
I have every confidence that, say a Head Teacher could make a competent, balanced judgement, based on the advice and submissions of a Form Teacher.

[Bootrip2]

I wonder if anyone has got to the dreaded third stage yet where it ends up with you getting into serious trouble, especially if your job relies on a DBS

[Enchanted]

Originally Posted by Nimbus

So if the rules on fining haven't changed (as you say) then they can't be "far worse", can they? What you are saying is that it sounds like some local councils used to fine after 1 day and are still doing so now. So no difference - not better but not worse either.

Anyway here's what the relevant part of the national framework (secondary legislation) states - I've highlighted certain bits:

"To secure national consistency, our intention is that the national threshold should operate as the norm and local authorities should not introduce their own alternative thresholds. However, if the local
authority or another authorised officer believes a penalty notice would be appropriate in an individual case, they retain the discretion to issue one before the threshold is met. This might apply for example, where parents are deliberately avoiding the national threshold by taking several term time holidays below threshold, or for repeated absence for birthdays or other family events. If local authorities wish exercise this discretion to issue a penalty notice earlier in such circumstances, they
should make this clear in their code of conduct".

So, yes, you are correct that the local authority can issue a fine after 1 day. However, they should only do so in exceptional circumstances where certain individuals are somehow getting around the new threshold. And they need to make this clear what these exceptional circumstances are in their code of conduct.

However, in general, local authorities should be applying the new national thresholds in the vast majority of cases. It literally states this in the new legislation.

(By the way, I have posted this before and had this discussion before).

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Well, what I (clearly) meant is that the rules have changed but that what you keep repeating has changed is not correct. But you knew that. And no, they don't need exceptional circumstances, they retain the right to use their own discretion and many have a zero absence policy. You don't need to quote legislation at me, I see it happening in practice every day.