It has been agreed that if a pupil fails to attend school regularly, South Gloucestershire schools may draw up parenting contracts with parents, in consultation with the Education Welfare Service, in accordance with government guidance on education-related parenting contracts, parenting orders and penalty notices. Parenting contracts
If a pupil fails to attend school regularly, the school may consider whether it would be appropriate to offer a parenting contract to the parent. Parenting contracts can be a useful tool in identifying and focusing on the issues behind the non-school attendance and in developing a productive relationship with parents to address these issues.
The most beneficial aspect of a parenting contract is the involvement of parents in parenting groupwork programmes which enhance parenting skills and empower parents to effect and maintain positive change.
Entry into a parenting contract is voluntary. The parent cannot be compelled to enter into a parenting contract if they do not wish to do so. Equally, there is no obligation on the school to offer a parenting contract in cases of non-attendance.
A parenting contract is a formal written agreement between a parent and the school or the local authority (LA) and should contain:
- A statement by the parent that they agree to comply for a specified period with whatever requirements are specified in the contract
- A statement by the school or LA agreeing to provide support to the parent for the purpose of complying with the contract
As well as the provision of parenting groupwork programmes, additional support should be available according to the needs of the parent. This could include:
- Information and contact details of local and national agencies and helplines
- Regular meetings with a member of school staff
- Assistance with transport
- Peer mentoring
Failure to comply with a parenting contract cannot lead to action for breach of contract or civil damages. There is no direct sanction for a parent's failure to comply with or refusal to sign a parenting contract. However, if the pupil's irregular attendance continues or escalates to such a level where prosecution is deemed appropriate, this should be presented as evidence in the case.
A parenting contract can be used in conjunction with a pastoral support plan or other supportive measures that are already in place.
Parenting orders
Following a prosecution under Section 444 of the Education Act of 1996 for failing to ensure a child's attendance at school, the court can make a parenting order alongside the sentence for the criminal offence.
A recommendation as to the suitability of a parenting order should be made in a report to the court. The report should contain an assessment of the family circumstances and the likely impact of an order on those circumstances.
Parenting orders are designed to help and support parents in addressing their child's difficulties. They are designed to be a means of support rather than punishment.
Parenting orders consist of the following elements:
- A requirement on the parent's part to attend counselling or guidance sessions where they will receive help and support in dealing with their child, i.e. parenting programmes
- A requirement for the parent to comply with such requirements as are specified in the order, i.e. escorting their child to school to ensure his/her attendance
The order can be made on one or both parents and their consent is not required.
Duration of orders
The courts determine specified time limits. However, it is usual for the core parenting programme element to last for up to 3 months and the specific requirements element to last up to 12 months.
Supervising the order
A named 'responsible officer' who will arrange provision of counselling or guidance sessions and ensure that the parent complies with any additional requirements must supervise all parenting orders. Orders imposed by the courts in respect of non-school attendance will be supervised by a specialist education welfare officer.
Failure to comply
If a parent fails to comply with an order, then breach proceedings must be considered. The responsible officer must take all necessary action to contact the parent and seek to re-engage them. However, if this fails the parent must be taken back to the magistrate's court and prosecuted for the breach of the order. If convicted the parent will be liable for a fine of up to £1,000.