South Tyneside Council Pupil Attendance and Absence Management Policy
Stage 3: Legal process
The case file of intervention will be reviewed, and authorisation will be needed from the Attendance Manager.
Papers and witness statements will be prepared and sent to our legal team to obtain a summons from the Magistrate Court.
An attendance certificate detailing the period of prosecution signed by the head teacher is required and will be requested by the attendance officer to accompany the paperwork sent to the legal team.
In some circumstances, school staff may also be asked to provide witness statements and appear in court as a witness for the prosecution where a not guilty plea is entered by the parent(s) or carer.
Following prosecution
If the pupil's school attendance has improved, the case will be passed back to school for school level monitoring and should unauthorised absences reoccur, then the school should commence their school attendance procedures.
If unauthorised absences continue, the attendance manager will arrange a post court attendance meeting. If the parent(s) / carer received a disposal from the magistrate's court that is suspended, the parent should be aware that another prosecution within the time period of the suspended disposal will result in that disposal being imposed along with additional sentencing for the current offence.
Schools should follow their Safeguarding Procedures for first day response throughout this process.