Source · Select Committees · Education Committee
Recommendation 9
9
Accepted in Part
Paragraph: 55
Department lacks urgency in addressing inconsistent and unregulated use of attendance fines.
Recommendation
There is evidence that prior to the pandemic, fines played a role in reducing unauthorised absence. However, it is less clear if they are an effective deterrent for families who are facing some of the current barriers to attendance we have outlined. We heard that fines do not address the barriers that low-income families face and can be counterproductive by adding to difficult financial circumstances (as discussed in chapter 7). Families are struggling with high school costs, and in some cases, fining is not an appropriate, compassionate, or helpful response. It is clear fines and other legal measures have a use in some circumstances, but the Department does not monitor or regulate the use of fines and prosecution and what methods of support have been offered before they are applied. We also heard that they are used inconsistently due to local authority discretion. We understand the Department recognises this and consulted on the use of legal interventions in July 2022, but we are disappointed by the lack of urgency and action from the Department to effect change in its consultation response.
Government Response Summary
The government published its consultation response in August 2023, confirming its commitment to improving consistency in local enforcement and welcomes evidence for future regulatory or legislative changes to establish a national framework, while reiterating its commitment to making guidance statutory when parliamentary time allows.
Paragraph Reference:
55
Government Response
Accepted in Part
HM Government
Accepted in Part
The ‘Working together to improve attendance’ guidance is clear that in most cases, local agencies collaborating to provide ‘support first’ is the right approach to tackle attendance problems. The core focus of the guidance is on prevention and early intervention, particularly for absence with complex causes. The guidance is also clear that there are some situations in which support to improve attendance is not appropriate such as an unauthorised holiday in term time. In these cases, and in circumstances where support is not successful, or is not engaged with, it is right that the law protects a pupil’s right to an education. Here, there is a clear role for the use of legal intervention to secure a pupil’s regular attendance. This includes fixed penalty notices which the guidance says explicitly ‘are intended to prevent the need for court action and should only be used where likely to change parental behaviour’. As the inquiry heard, legal intervention is currently used inconsistently across the country, with 22 local authorities accounting for over 50% of all fixed penalty notices issued in 2020–21. To improve consistency, the Department consulted on setting national thresholds for fixed penalty notices in 2022 and published its response in August 2023. That response confirmed the Government’s commitment to improving the consistency of local approaches to enforcement, as part of the drive towards a ‘support first’ approach. The Government welcomes the inquiry’s evidence which will help inform work as it develops, including any future regulatory or legislative changes to establish a national framework for ensuring that local decisions are made in a more consistent way. As noted above, the Government remains committed to legislating to make the guidance statutory, when parliamentary time allows.