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Anti-Social Behaviour Bill

The following are the responses that were submitted by the NASWE Policy Team to the consultation on the education - related provisions in the Anti-Social Behaviour Bill.

The consultation responses were somewhat dictated by a list of set questions set out as a questionnaire by the DfES.

Parenting Contracts in cases of Truancy.

Q - Is the suggested time period over which attendance should be assessed (i.e. 4 weeks) before entering into a parenting contract in cases of truancy appropriate.

No - not if there has been no preceding assessment of the cause(s) of non - attendance, and for the assessing ESW/EWO to ascertain the level of parental ability to improve school attendance. This needs to be done on an individual case by case basis.

Penalty Notices for Parents of Truants.

Q - Should we give further guidance on what should be included in the guidance regarding the local codes of conduct. If so, what further guidance would be useful?

Yes, a template would be helpful. In it there needs to be some reference to the involvement of LEA's legal teams. There are major issues about the subjective judgement of those who have to issue fixed penalty notices and whether they can be applied both consistently and fairly.

Q - Are the levels of penalty appropriate.

They would at least be consistent across the England, but the financial penalties are higher than those imposed by many Magistrates courts, who take into account the defendant's ability to pay.

Q - is the pro forma penalty notice fit for the purpose.

No. It is ambiguous to indicate on the pro forma that a parent can decide whether he or she agrees that the absence is unauthorised, as the regulations state that there is no statutory right of appeal. How should an ESW/EWO ensure an absence is unauthorised when stopping a parent with his or her child? Are all school staff and governors going to receive training on the relevant sections of the 1996 Education Act?

Q - should the regulations/guidance set national upper and lower boundaries on the rate of unauthorised absence, within which the LEA can set a trigger for a penalty notice in their area.

No. How can consistent attendance boundaries be applied to rural, urban & metropolitan areas? Any build up of absence should be a cause for concern.

Parenting Contracts in cases of exclusion from school.

Q - Is the guidance provided on 'at what point to enter into a parenting contract' clear.

The whole issue of working protocols will not make this easy….. as this will involve looking at the working arrangements between LEA's, governors and schools; LEA's and parents & young people; and schools with parents & young people. There is no suggested time scale for this to happen, but it needs to do so before the regulations are actionned.

Parenting Orders in cases of exclusion from school.

Q - Is the definition of serious misbehaviour suitable.

Yes - if it is also included in the school's behaviour policy for parents to be aware of. The schools behaviour policy should also make reference to the "Home - School Agreements", a document and procedure not clearly acknowledged in this consultation exercise.

Q - Are the time limits within which an LEA must make an application for a parenting order after the exclusion review/appeal process has ended appropriate.

Not sure - there is no regulation 21 & 22 included in annexe B for me to respond to. However NASWE does not think that 2 months is long enough if an excluded pupil has not been brought to the attention of the LEA.

Q - Is the method for apportioning cost set out in the regulations and guidance appropriate.

Not sure. Would schools who did not want to incur the costs of a parenting programme under an order not be tempted to pass the costs over to the LEA by permanently excluding the pupil?

Parenting contracts - general.

Q - What should the guidance say about what a model parenting contract might include.

Again clear protocols are going to be a challenge. There needs to be nationally both consistency and equitability of the content of any guidance between Schools, parents and the role of the LEA.

Q - What should the guidance say about the type of support that might be helpful for parents as part of a parenting contract. We would welcome examples of what type of support might be helpful to a parent.

Parenting programmes are much sought after specialised resources. They are, however, not available across all areas of the country, and should not be seen as being able to resolve the most complex 'domestic' or family problems.

Q - Do you have any additional comments.

There is little reference made to either Home - School agreements or PSP's as being useful proactive and preventative strategies that would avoid the inevitable increase in administrative work that parenting contracts, orders and fixed penalty notices will create.

The proposals within the ASB bill may well assist in sending out a message, and capture the headlines, in the short - term, but the additional burden this is likely to place on ESW/EW Services without any additional resourcing, will threaten many school - based and multi - professional strategies that are delivering results on behaviour, attendance and attainment.

Michael Sunderland, Policy Officer

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