Derbyshire Constabulary TRUANCY GUIDANCE POLICY REFERENCE 08/232. This guidance is suitable for Public Disclosure

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1 Derbyshire Constabulary TRUANCY GUIDANCE POLICY REFERENCE 08/232 This guidance is suitable for Public Disclosure Owner of Doc: Head of Department, Corporate Services Date Approved: March 2008 Review Date: March

2 INDEX Heading Page No 1. Guidance Identification Page Legislative Compliance Introduction Procedures Monitoring and Review Appeals Appendices

3 1. Guidance Identification Page Guidance title: Truancy Guidance Registry Reference number: 08/232 Guidance implementation date: March 2008 Guidance review date: March 2017 Department / Division responsible: Guidance owner: Corporate Services Head of Department Last reviewed by: Ch.Insp.Markham Date last reviewed: March 2015 Phillipa Sharpe, Criminal Justice Sue Bettany, DCC Impacts on other policies / guidance / documents (list): None Security Classification: Disclosable under FOI Act: YES Guidance to be published on Intranet YES Guidance to be published on Force Website YES 3

4 2. Legislative Compliance This document has been drafted to comply with the principles of the Human Rights Act. Proportionality has been identified as the key to Human Rights compliance, this means striking a fair balance between the rights of the individual and those of the rest of the community. There must be a reasonable relationship between the aim to be achieved and the means used. Equality and Diversity issues have also been considered to ensure compliance with the Equality Act 2010 and meet our legal obligation in relation to the equality duty. In addition, Data Protection, Freedom of Information and Health and Safety Issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation and internal policies. 3. Introduction This guidance is required to provide officers with legislative knowledge in respect of Truancy. It also highlights the partnership approach to tackling truancy. The police, working with partner agencies, have a responsibility to reduce the number of young people truanting from school and therefore impact on youth crime. The focus on pupils within Derbyshire is children who are classed as persistently absence (PA) without authorisation. This means that resources target those who are most problematic and have a higher potential to be involved in other crime. Derbyshire Constabulary is fully committed to reducing crime and the fear of crime. The Force is fully supportive of joint partnership working in these areas and views initiatives to tackle this problem as an important function in achieving this aim. There is a greater chance that young people absent from school without authority will be involved in offending and anti-social behaviour and therefore dealing with this issue could help to reduce overall crime. The aim of this guidance is to: - Provide clear, workable guidance in relation to the initial application for a Truancy Order and the operation thereafter; Reduce the number of pupils absent from school without authority and thereby, the instances of offending and anti-social behaviour; Reduce PA numbers; Identify vulnerable missing children who might be at risk of sexual exploitation; and Fulfil requirement of the Education Inspection Act 2006 part 7 paragraph 105 and paragraph 108. It is important that high quality customer service is provided as part of the Truancy Guidance and the standards specified in the Customer Service Policy apply throughout this document. 4

5 4. Procedures Legal Basis Truancy Orders are established under section 16 of the Crime and Disorder Act Section 16(3) of the Crime and Disorder Act 1998 provides the police with a power to remove children and young persons who they believe to be truants who are in public place back to school. A suitably designated Police Community Support Officer (PCSO) has the powers of a constable to remove truants and excluded pupils and return them to school or designated premises under paragraph 4C of Schedule 4 to the Police Reform Act Both Police Officers and PCSOs have the power to issue fixed penalty notices (FPN) to parents in relation to truanting and excluded pupils however in Derbyshire this is a local authority FPN only and Derbyshire Constabulary staff do not possess and do not issue the notices. This power is not a power of arrest and does not make truancy a criminal offence. The guidance in R (ex p W) states that there is no power to use force to remove the pupil to school. As the young person has not committed an offence, powers under PACE do not exist. The key is that the young person is conducting themselves lawfully. If in the course of the contact with Police the young person starts to conduct themselves unlawfully, other powers become available. Section 105 of the Education and Inspections Act 2006 gives power to a constable to give a penalty notice to a parent (penalty notice in respect of presence of excluded pupil in public place). This section creates an offence for a parent with regards to an excluded pupil being in a public place during school hours. Local Authorities (LAs) Local Authorities provide education services in Derbyshire and Derby City. The Local Authorities are the prosecuting authority under the Education Act 1996 (sections 433 or 434) for offences of allowing children of compulsory school age to be absent without authority. Each local authority has an Education Welfare Service who works closely with schools in order to improve pupil behaviour and reduce truancy. Actions include home visits, truancy patrols, advice and support, links with individual schools, consideration of a parenting order and prosecution. Behaviour Improvement Units and Inclusion Units have been established within Derby City Schools to provide assistance and guidance for families and children in order to improve attendance and attainment. A number of schemes have operated in the past, focusing on a particular area for a given time. Attendance initiatives include actions in the following areas: - Patrols by Education Welfare Officers Pass-out schemes, to verify authorised absence from school Joint patrols/research with the local police and 5

6 Inputs to school pupils, staff, parents and governors. Possible Police Action Police Officers and PCSOs should work closely with LAs, schools and the Education Welfare Services to target truancy at the earliest opportunity. Any measures taken should be both progressive and proportionate to the problem that is being experienced. Examples of such measures could be: - A systematic and regular review of the data held by LAs in terms of absence from school and data held by the police in terms of offending during school hours in order to develop crime reduction initiatives. Close liaison with the Youth Offending Service (YOS), Education Welfare Services (EWO) for YOS and CiC. Participation in truancy patrol schemes with LAs and Education Welfare Services. Assisting LAs to promote good school attendance. Provide inputs to schools on the personal safety of pupils who truant, and legal issues around truancy. It is recognised that officers may well identify truants during the normal course of their duties and these guidelines should assist the response. If a relevant Truancy Order is in place and an officer encounters a truant, they should be returned to school to a responsible person. The school will inform the Education Welfare Service. Best practice would suggest that Police consult with the Education Welfare Service before any action is taken against a pupil. Scheme Operation For a police officer to have the power to remove a person to school a Truancy Order must be in place. A Police Officer of or above the rank of Superintendent may authorise a Truancy Order. Application for a truancy order should be made by use of Form 193 Application for a Truancy Order (hyperlink attached at Appendix A). It is important that this form is completed in as much detail as possible to enable the authorising officer to reach a reasoned, proportionate decision. As the order is intended to form part of a partnership approach to the problem, the Local Authority must be involved in both the initial decision to apply for an order and its enforcement thereafter. In considering an application for an order, it is important that it should be viewed as a structured extension to work already undertaken, to achieve long-term solutions. On granting an order, the authorising officer must also specify the area it will cover and for how long and that the area should be targeted by use of good intelligence/information i.e. a city/town centre or vicinity of a school (Evaluation of Truancy Order, Derby City 1999). Truancy patrols should consist of a uniformed officer and an Education Welfare Officer (EWO). 6

7 Section 444A of the Education Act 1996 gives a power to a constable to give a penalty notice (Penalty notice in respect of failure to secure regular attendance at school of registered pupil). The LA will monitor the actions taken by schools after the truancy patrol has returned a child to school and review their attendance over a 4 week period. Truants should not be taken to a police station. Police Officers returning a pupil to school should complete a guardian intelligence entry detailing the truant s name, date of birth and location found. 5. Monitoring and Review Performance measures should be established prior to the order being implemented. This will allow for effective monitoring of the order and allow for any necessary changes in the tactics employed. These indicators will vary dependent upon the area and problems being encountered. However, the following will be consistent: - Number of pupils returned to school Number of children attending school Increase/decrease in the instances of anti-social behaviour or criminality in the area relative to juveniles Number of children identified as children missing education who may be vulnerable to sexual exploitation On completion of the initiative it will be beneficial to undertake a full evaluation as this will identify good practice and improve the implementation of future orders. Identify children missing education who may be vulnerable to sexual exploitation. 6. Appeals Process Complaints about this guidance or the actions of officers in relation to truancy should go through normal police complaints process. All complaints received from the public about the conduct of any officer or member of staff must be recorded on the appropriate forms in accordance with existing national and force procedures. 7. Appendices Appendix A - Form 193 Application for Truancy Order 7

8 Appendix A APPLICATION FOR A TRUANCY ORDER Section 16 Crime and Disorder Act 1998 Please complete the following boxes and forward the application form to your local police station. 1) What is your name: 2) What organisation(s) do you represent? 3) What is your position within that organisation? 4) What is your address: 5) What is your telephone number: 8

9 6) What area is a truancy order needed for? 7) Why is a truancy order needed? 9

10 8) What alternatives to a truancy order have already been tried? 9) How will the truancy order operate? 10

11 10) Where will truants be taken to under the order? 11) What other agencies have you consulted in this process? (Please provide named individuals). 12) Is there any other information you feel is relevant? (Continue on separate sheet if necessary). 11

12 13) How will the truancy order be evaluated? 14) Views on application. Police Use Only Application supported not supported Name Rank Station Date 12

13 15) Police Superintendent's decision Remarks Application supported not supported Name Rank Station Date 13

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