unauthorised absence penalty notice

by BOB Thu Oct 13, 2022 11:09 am

hi i have just received a unauthorised absence penalty notice today 13/10/22 from 23/04/18 i feel that it is a long time ago should i pay this or argue it out with them .Me and my wife both got the same letter so the amount would be £240 which i dont have it was sent by Derby city council any help would be greatly appreciated thanks .

by **daveiron** Thu Oct 13, 2022 12:23 pm

Can you give more info into what this relates to.

by BOB Thu Oct 13, 2022 1:42 pm

hi ya its a school unauthorised penalty notice and it says :this has been issued in accordance with lees brook community college's attendance policy and the local authority's code of conduct. section 23 of the anti-social behaviour act 2003 introduced new powers for designated local education officers.head teachers (and deputy or assistant head teachers authorised by then) and the police to issue penalty notices for unauthoriesd absence from school.and the period of absece :23/04/2018 to 27/04/2018 .also me and my wife have never signed ANY form with the school even when our child was attending thay woulld say at lest once a week we need to sign stuff but we never did the hole time our child was there dont know if that is relavent ie never sign the school policy .hope this helps thanks bob

by **daveiron** Thu Oct 13, 2022 2:32 pm

Was this a one off occurance ? Did your boy/girl attend regularly ?
Have you ever entered into a 'parenting contract' with them?

by BOB Thu Oct 13, 2022 4:12 pm

it has happen before and we paid but we have never signed anything with the school ever her attendance was good if i would of got it at the time i would of paid but its 4 years thats doing my head in .

by **daveiron** Thu Oct 13, 2022 5:26 pm

Taken from Sec 23;
Penalty notice in respect of failure to secure regular attendance at school of registered pupil

The definition of regular is 'usual' 'normal' does that apply ?
Did she attend with regularity,if she did then challenge it.

Watch this from 10 mins in. Only use her first name and send everything to the
wo/man personally who is making the claim.

by BOB Thu Oct 13, 2022 6:00 pm

hi thanks for getting back to but there is nothing to watch should there be a vid link or something

by Sam97 Thu Oct 13, 2022 10:54 pm

BOB wrote:hi i have just received a unauthorised absence penalty notice today 13/10/22 from 23/04/18 i feel that it is a long time ago should i pay this or argue it out with them .Me and my wife both got the same letter so the amount would be £240 which i dont have it was sent by Derby city council any help would be greatly appreciated thanks .

I assume your child has now left this school? I would not give them a penny, you are not obliged to give them anything, its disgraceful, you owe them nothing, if they want to evidence that you do then tell them to do just that, your child does not fall under any of their legislation, statutes or Acts because you and your child are a living man/woman and their legislation is for persons, let them evidence that the living man/woman owes them, and even if you did sign anything it matters not, as at point of signing it was without full disclosure in regards to the contract and what it truly was, in fact I would make a claim against them for the fine you paid before as it was fraudulent.

by **daveiron** Fri Oct 14, 2022 8:06 am

Agree with Sam97,
However never use the word child ,only boy or girl or your property.
You can also ask the wo/man who sent that letter if they have first hand
knowledge.

by pitano1 Fri Nov 04, 2022 1:24 pm

daveiron wrote:Agree with Sam97,
However never use the word child ,only boy or girl or your property.
You can also ask the wo/man who sent that letter if they have first hand
knowledge.

Hi.Dave...As we know, both the common law,and commercial law are subject to
the law of contract.
so if the parents have not validated the school/council policy,their claim is null and void.
My question for the school...show me my obligation,that allows you to
deprive my family.?

Although I must admit, these days,I would probably tell them to F...off
regards.
pitano1

by flyingfish Fri Nov 04, 2022 5:56 pm

If the school or other authority decided to chase this up, would that be a criminal matter? If so presumably summary. Asking because in most cases prosecution for summary offences needs to be commenced within six months, which may well might they're hopelessly out of time. Might be worth checking, what do they threaten you with if the penalty is not paid?

by BOB Sat Nov 12, 2022 2:00 pm

by flyingfish Sat Nov 12, 2022 2:59 pm

I've done a little digging around, and found a couple of things. This is the statutory basis for issuing those Penalty Notices. It would be worth having a sift through to see if there's anything barring the issue four years after the event ..
https://www.legislation.gov.uk/uksi/2007/1867/regulation/12/made
Secondly you will see that there is a requirement for them to publish a Code of Conduct, see (14). It would be worth a FOI request for a copy of that code in force today and the code in force in April 2018.

In passing I note they refer to collection of a "debt". There is no debt, the penalty notice is an opportunity to settle in exchange for immunity to prosecution. If that's not taken up then the onus would be on the Council to start proceedings. Which would be criminal, not as they seem to imply some sort of routine court order like they can do for Council Tax or decriminalised parking.

If they do pursue, it looks like the relevant part would be the Education Act 1996 sect 444(1) ..
https://www.legislation.gov.uk/ukpga/1996/56/section/444

Anything under there is summary, so I really can't see how information can be laid four years after the event. The alleged offence was in 2018, it does not arise from non-payment of the penalty notice.

However have a look at the SI and their Code of Practice to see if there are any time limits there, that might help kill it off before they even think of prosecution.

by pitano1 Sat Nov 12, 2022 4:45 pm

BOB wrote:hi i have just received an unauthorized absence penalty notice today 13/10/22 from 23/04/18 i feel that it is a long time ago should i pay this or argue it out with them .Me and my wife both got the same letter so the amount would be £240 which i dont have it was sent by Derby city council any help would be greatly appreciated thanks .

,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
No offense intended F.Fish, but, legislation is nothing more, than
a handbook for the profane...
BOB.
LETS...start with, what you are led to think you received. ie...an unauthorized absence penalty notice.?

Did that `loosely described` notice` not create a sense of alarm, and distress,and an Invasion upon your private trust.?

I don`t suppose they told you...they need your power of attorney.?, for you to rob...yourself.?
thought not.
Or...you can Copywrite your slave title, and put a fee on it, for public use.?

Speaking, from my own experience in dealing with the dead...
Obviously being dead...They ain't got no brain
and they have to have a document...from the other lot, with
no brain between them...IE...the GOVERNMENT
to teach the thick fucks, how to walk, and conduct themselves.

Now when one first gives sight of this gov.doc.
Let me just...interject here.
They don`t like it uppem,and they cannot arguewith
their GOD...
Of course, the sight of this newscripture injects a limited/blase
attitude.
So,as I would not like the children to hurt themselves,suppose
you could describe it as...a sane man`s health`n`safety

link...can be found below.

Guidance
The Seven Principles of Public Life.
https://www.gov.uk/government/publications/the-7-principles-of-public-life

Course, under the prussion model/military education system embedded in the
west...you have the carrot...or the stick.
Warning...I have been informed that the link below...well lets just say
IT puts them off their lunch. lol!

here...https://www.cps.gov.uk/legal-guidance/misconduct-public-office
kind regards.
pitano1
ps.F.F
remember the parable about the fish.?

by **daveiron** Sun Nov 13, 2022 8:58 am

It may well also be an idea to FOI your girls attendance record ,to see if
she attained the 200 attendances described in the act. Also in the FOI
request the amount of days education was denied due to 'teacher training
days, school closure due to boiler problems etc.

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